KRIPA SHANKER YADAV Vs. STATE OF U P

JUDGEMENT

(1.) BY means of the present writ petition the petitioner has prayed for issuance of a writ in the nature of mandamus commanding the U. P. Higher Education Service Commission, Allahabad to issue interview letter for the post of lecturer in Political Science. The advertisement for filling up several posts of the lecturers was issued by the Commis sion on 12th July, 1994 prior to the last date for submission of the Forms, i. e. 7-9-1994, the petitioner has submitted his form for selection to the post of lecturer in Political Science. But he was not called for interview as according to the respondents he did not fulfil the minimum qualifica tion. The petitioner secured 66. 4 per cent marks in Intermediate Examination, ob tained 51 per cent marks in the course of Bachelor of Art and obtained 65. 5 per cent marks in Master's Degree. He did his M. Phil, successfully in the month of Decem ber, 1993.

(2.) INITIALLY fifty posts of lecturers in Political Science were advertised on 12th July, 1994 thereafter twenty posts more were included in the selection. For seventy posts of lecturers the Commission held interview for the lecturers in Political Science. Thirty-five posts of lecturers in Political Science were mentioned for general candidates while nineteen posts were reserved for other backward classes and sixteen posts were reserved for Scheduled Caste and Scheduled Tribe can didates. The petitioner who belongs to other backward class, raised a grievance against his non-selection on one of the nineteen posts which were reserved for other Backward classes.

(3.) ON 13th January, 1995 the Univer sity (36th Amendment) Statutes came into force. According to which those can didates who have completed the course of M. Phil, prior to 31st December, 1992, were exempted from clearing the National Eligibility test conducted by the Univer sity Grant Commission; meaning thereby that if a candidate has not cleared the National Eligibility Test but completed the course of M. Phil prior to 31st Decem ber, 1992, was eligible for consideration for the appointment on the post of lecturer. The University Grant Commission on 13th January, 1995 also amended its earlier Regulation, according to which the candidates who have submitted Ph. D. Thesis or passed M. Phil. Examination by 31st of December, 1993 were exempted from eligibility test for lecturer conducted by the University Grant Commission, C. S. I. R. or similar test executed by the U. G. C.