Sudhir Narain, J. - (1.) The petitioner has sought a writ of mandamus commanding the respondents 1 to 3 to entertain the application form of the petitioner for being interviewed for appointment on the post of Lecturer in Law in Gorakhpur University, Gorakhpur and in St. Andrews College, Gorakhpur.
(2.) The Registrar of the Gorakhpur University, Gorakhpur issued a circular dated 22-9-1992, inviting applications from the eligible candidates (being advertisement No. 3 of 1992) and therein three posts of permanent Law Lecturers and one post of Temporary Lecturer in Law were advertised. St. Andrews College Gorakhpur which is affiliated to Gorakhpur University, Gorakhpur also issued an advertisement dated 3-10-1992 in the daily newspaper Hindi Times inviting applications for three post of Lecturer in Law.
(3.) The qualifications for eligibility for appointment to the post of Lecturer in Law was provided by the First Statutes of the Gorakhpur University, Gorakhpur. Statute 1101(4) provided minimum qualification for the post of Lecturer in Law It provided as follows : "11.01 (4) In the case of the Faculty of law, the minimum qualification for the post of a Lecturer in the University shall be a degree of Master of Law with consistently good academic record." Sub-clause (c) of Clause (7) of the said Statute provided that a candidate for Lecturer-ship in the Faculty of Law having obtained either an average of 55 per cent marks in the two examinations i e. examinations for LL B., an examination for any other Bachelor degree (irrespective of the marks obtained in any of the two examinations), or 50 per cent marks in each of the two examinations separately, is said to have a consistently good academic record. This statute was amended on 25th March, 1989 by the Gorakhpur University (32nd Amendment) First Statutes, 1989. It makes certain amendment regarding the minimum qualification for the appointment to the post of Lecturer in Law. The relevant Clause 11.01 (5) (c) provided as follows:- "(3) In the case of Faculty of Law the minimum qualifications for the post of a lecturer in the University shall be a degree of Master of Law, or an equivalent degree of a foreign University with at-least 55 per cent marks or it equivalent grade and consistently good academic record. ................................................. (5) (C) A candidate for Lecturer-ship in the Faculty of law having obtained either 55 per cent marks in LL.B. Degree examination and IInd Class in any other Bachelors degree examination or 50 per cent marks in each of the two examinations separately is said to have consistently good academic record.";