( 1 ) SHOULD there be promotional reservation on non-selection posts (the posts to be filled on the basis of seniority subject to rejection of unfit)? Can there be reservation in a cadre consisting of three posts? These are some of the questions involved in this writ petition. FACTS

( 2 ) UP Fire (Gazetted Officer) Service (the Service) is a State service comprising of Group A and B posts. It is governed by UP Fire (Gazetted Officers) Services Rules, 1984 (the Rules ). Rule 4 part II provides cadre and Rule 4 Part III provides for recruitment. Under Rule 4 part III (iii), there are posts of Deputy Director (Technical) and Commandant Fire Service Training Centre. These posts are to be filled by promotion from permanent Chief Fire Officers. Rule 17 provides procedure for promotion to the post of Deputy Director Technical and Commandant Training Centre. It is non-selection post and the promotion is to be made through a selection committee on the basis of seniority subject to rejection of unfit. Rule 5 provides for reservation for scheduled caste and scheduled Tribe (SC/st) in the Service. It states that reservation would be in accordance with the orders of the Govern