Hon’ble Devi Prasad Singh, J.—The substantial questions of law cropped up for adjudication in the present writ petition are :

(1) Whether, while enforcing the roster in the matter of promotions or appointments, the State Government may fill up the vacancies travelling beyond the statutory quota provided for the reserved category?

(2) Whether, the percentage of reservation should be determined on the basis of sanctioned strength or the vacancies arisen at a particular point of time?

2. The controversy relates to reservation in promotion on the post of Engineer-in-Chief in the Irrigation Department. The service condition of the Engineers of the Irrigation Department, is governed by the Uttar Pradesh Service of Engineers (Irrigation Department) (Group-A) Rules, 1990 (in short, the 1990 Rules). Admittedly, there are two posts of the Engineer-in-Chief namely, Engineer-in-Chief Irrigation Department and the Engineer-in-Chief (Design & Planning) Irrigation Department, created under 1990 Rules. By the impugned order dated 27.8.2008 (Annexure-1 to the writ petition), the State Government took a decision to fill up the post of the Engineer-in-Chief (Design & Planning) Irrigation Depa