By the Court.—We have heard learned counsel for the appellant on the question of maintainability of this appeal which has been filed under Chapter VIII Rule 5 of the High Court Rules.

2. Under Chapter VIII Rule 5 of the High Court Rules a Special Appeal to a Division Bench against an order of a Single Judge will not lie, where the order is by a

I. tribunal,

II. Court or

III.statutory arbitrator

made in exercise of the jurisdiction (not necessarily appellate or revisional jurisdiction) under a U.P. Act or Central Act with regard to matters enumerated in (a) the State List, or (b) the Concurrent List.

3. In this case, the original, appellate or the revisional orders are not by a tribunal or by a Court or by a statutory arbitrator.

4. As appeal would also not be lie, if the order is by the

(i) Government or

(ii) Officer or

(iii) Authority

made in exercise of (a) appellate or (b) revisional jurisdiction under such Act i.e. to say a State Act or Central Act with respect to matters enumerated in the State List or Concurrect List.

5. Learned counsel for the appellant submits that the Road Transport Corporations Act 1950 is referable to Entry-44 of the Union List and is not referable to any of the items mentioned in the State List or Concurrent List.

6. In the circumstances, we hold that under Chapter VIII Rule 5 of the High Court Rules, the special appeal is maintainable.

7. Let the appeal be listed in the next week before the appropriate Bench for admission.