By the Court.—Heard Sri M.M. Sahai for the appellant, Sri Sanjeev Singh for respondent No. 1 and learned Standing Counsel for respondent Nos. 2 and 3.

2. This intra Court appeal has been preferred against the judgment dated 22.4.2004 passed by Hon’ble Single Judge by which it has allowed the writ petition of petitioner-respondent No. 1 (hereinafter referred to as ‘respondent No. 1’) observing that at the time when recruitment in question was made, the Statute did not provide any reservation in promotion for Scheduled Castes, scheduled tribes and, therefore, the appointment of respondent No. 4 treating the vacancy reserved for Scheduled Castes was illegal.

3. Sri Sahai vehemently contended that reservation in promotion in the educational institutions was provided by Government Order dated 12.7.1978 and the same has not been superseded by any subsequent statutory provision. Hence, it was rightly provided by the Management and the Hon’ble Single Judge has erred in law in observing otherwise.

4. Having heard rival submissions and perusing the record, we find that there were total seven posts of Lecturers sanctioned in the institution, namely, Zila Panchayat Balika Inter College