By the Court.—This reference has been made for an authoritative pronouncement on the issue of applying the rule of reservation for schedule caste candidates in aided educational institutions (High School & Intermediate) in promotion and direct recruitment against Class III posts (clerical grade) to the extent of 21% as provided for under the statute and the application of the roster through a mathematical calculation integrated with legal implications where the number of posts in a sanctioned cadre is less than five.

2. It entails an adjudication on the questions posed by one of us (Hon’ble A.P. Sahi, J.) vide order dated 7th October, 2009 passed in Heera Lal v. State of U.P. and others, 2009 (10) ADJ 654 Paras 9 to 12, quoted below :

“9......A perusal of the said two Division Bench judgments in the case of Vishwajeet Singh (Supra) and Smt Pholpati (supra) indicate that the applicability of the roster can be implemented wherever there are five or more than five posts to be filled up where reservation is being claimed under the Uttar Pradesh Public Services (Reservation for Scheduled Castes, Scheduled Tribes and other Backward Classes) Act 1994.

The said decision clearly lay