This Special Appeal has been filed challenging the judg ment and order dated February 14, 1994 of a learned Single Judge dismissing Writ Petition No. 14245 of 1991 preferred by the appellant.

2. Learned counsel for respondents Nos. 1 and 2 have raised a preli minary objection regarding the maintainability of the appeal. In terms of Chapter VIII, Rule 5 of the Allahabad High Court Rules (hereinafter referred to as the Rules), a special appeal against the judgment of a learned Single Judge rendered in exercise of jurisdiction conferred by Articles 226 or 227 of the Constitution is not maintainable, if the same had been exercised against an appellate or revisional order of the Government or any officer or authority under any Uttar Pradesh Act or any Central Act with respect to any of the matters enumerated in the State List or the Concurrent List in the Seventh Schedule to the Constitution. Sri R. N. Singh, learned counsel for the appel lant, in his usual fairness, has conceded the legal position that if the writ petition is treated to be one which had been filed against an appellate order, the present appeal would not be maintainable. The question which requires consideration, theref

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