This writ petition raises substantial questions of laws-Mr. Amit Bose, learned counsel for the petitioner has challenged the validity of the Government order dated 10-10-1994 whereby percentage of reservation for Scheduled Caste officers for promotion to the next higher post has been raised from 18% to 21%, Mr. Bose has further challenged the validity of the amending rules made under proviso to Article 309 of the Constitution of India on 10-10-1994 whereby the criterion of selection on the basis of merit (sic) the seniority subject to the rejection of the unfit. He has also drawn our attention to the decision of the Honble Supreme Court in the case of Indra Sahney AIR 1993 SCR 477 , wherein it has been held that no reservation in promotional posts is permissible under Article 16 (4) of the Constitution of India but the existing provision of reservation in promotions can be continued only for five years. 2. Sri S. M. A. Kazmi learned standing counsel has appeared on behalf of the opposite party Nos. 1, 2 and 3 prays for and is granted two weeks to file a counter-affidavit. Sri Amit Bose, learned counsel for the petitioner may file rejoinder affidavit within a week thereafter. 3. In application reliance has been placed on three G. Os. issued by the State of Uttar Prades, first one dated 8-3-1972, the second one dated 18-8-1973 and the third one is of 27-12-1974 and on the strength of the on-tents thereof it was argued that since on the day the judgment came to be pronounce in Indra Sahney rules were in existence permitting promotion by reservations also and, therefore, for a period of five years at least reservations can be continued in promotional posts. 4. It was further pointed out that several other petitions have already been filed, some of which have been admitted and some are pending admission some of which affidavits have been called in reply. This is not being disput ed on behalf of the petitioner. Likewise it was mentioned that even in the Lucknow Bench of this Court some petitions raising like questions have been filed and are pending decision. 5. Not only that the questions raised are important but have for reaching consequence and, therefore, it is desirable that authoritative pro nouncement on the questions raised arrived at by a Larger Bench. Likewise it was mentioned that even in the Lucknow Bench of this Court some petitions raising like questions have been filed and are pending decision. 5. Not only that the questions raised are important but have for reaching consequence and, therefore, it is desirable that authoritative pro nouncement on the questions raised arrived at by a Larger Bench. Let the papers of this case be put up before Honble the Chief Justice for getting the matter listed preferably before a Larger Bench at the earliest convenience. The Registry is directed to prepare a list of all the cases in which these ques tions are arising and help has been promised at the instance of the standing counsel and the learned counsel for the petitioner on the basis of which at the time of listing of this petition a bunch will be prepared showing names and particulars of all these cases. 6. The fact that 31 vacancies exist for the post of Superintending Engi neer has not been denied and the added fact that none other than nine promo-tees from reserved category only are being said to be appointed to the said posts of Superintending Engineer makes it explicit that many other vacan cies could also be filled which have not so far been done. Even if some pro motions from out of the reserved category is made the officers in excess of the quota of 18% can be asked to wait from the final decision of the court so that interest of justice as well as the rights of the parties are fully protected. 7. Sri Kazmi drew the attention of the court to the decision of Supreme Court reported in AIR 1989 SC p. 218-Rana Randhir Singh v. State of U. P. in order to inform the court that inter se dispute between public servants should not be made which such questions are coming up for consideration. He also relied upon the provisions contained in the Uttar Pradesh Bhumi Sanrakchan (Reservation for Scheduled Castes, Scheduled Tribes and other Backward Classes) Act, 1994 as also the change in the criteria as laid down in the service rules. There are matters or detail, which, to say the least, are arguable and shall be taken up for decision at the appropriate stage. We, therefore, admit this petition. Admit. Issue notice. 8. There are matters or detail, which, to say the least, are arguable and shall be taken up for decision at the appropriate stage. We, therefore, admit this petition. Admit. Issue notice. 8. Sri Kazmi has accepted notice of this case and also assured that the Advocate General will be appearing in one of the cases of this nature on 28-11-1994 and therefore, this petition be also taken on the said date. This may be made before Honble the Chief Justice. 9 After duly considering and hearing the matter at sufficient length on question of interim order to be passed, it is hereby directed that no promo tion would be made to the posts of Superintending Engineers in the existing vacancies beyond 18% of the vacancies from Scheduled Castes category. If any promotion has already been made in excess of the aforesaid 18% of the vacancies, these officers will not be allowed to function subject to the final decision to be passed in the writ petition. Petition allowed. .