Sudhir Agarwal, J. - (1.) The petitioner, Ankur Yadav, has approached this Court under Article 226 of the Constitution of India by means of the present writ petition aggrieved by the order dated 201" June 2007 passed by the Chancellor, Lucknow University, Lucknow on the representation of respondent No. 4 made under Section 68 of the U.P. State Universities Act, 1973 (hereinafter referred to as the 'Act') holding that the petitioner did not possess requisite qualification for the post of Lecturer, Department of Anthropology.
(2.) The facts relevant to appreciate the dispute giving rise to the present writ petition are that the Lucknow University, Lucknow (hereinafter referred to as 'University') is the State University governed by the provisions of the Act; and the Statutes and Ordinances framed thereunder. Chapter XI of the First Statute of Lucknow University provides qualification for appointment to the post of Lecturer in Lucknow University and reads as under : "The candidate should be Post Graduate in relevant subject with 55% Marks and consistently good academic record to his credit. He should have qualified the National Eligibility Test (NET)."
(3.) The University Grants Commission (hereinafter referred to as 'U.G.C.') by notification dated 14th June 2006 made amendment in the U.G.C. (Minimum Qualification Required for the Appointment and Career Advancement of Teachers in Universities and Institutions Affiliated to it) Regulations by issuing an amendment notification namely "Second Amendment Regulation, 2006" making following provisions by substitution of the existing provision in this regard : "NET shall remain the compulsory requirement for appointment as Lecturer for those with post-graduate degree. However, the Candidates having Ph.D. Degree in the concerned subject are exempted from NET for UG level, teaching only.";