S. B. Sinha, G. C. Bharuka, JJ.

1. In this application the petitioners have prayed for issuance of a writ of mandamus directing the respondents and in particular the respondent No.4 to appoint the petitioners to the posts of Assistant Teacher.

2. The fact of the matter lies in a very narrow compass.

3. An advertisement had been issued in the year 1988 from the office of the Director (Primary Education-cum-Additional Secretary, bihar Patna inviting application from the eligible candidates for appointment to the post of Assistant Teachers in the scale of pay of trained matriculate.

4. Admittedly at the relevant time the petitioners were not trained teachers.

5. It is admitted that applications were invited only from persons having the qualification of matric trained which was minimum qualifications for appointment to the said posts. Despite the fact that the petitioners at that point of time were not trained, they filed applications for their appointment stating that they had appeared at the Training exami. nation. The petitioners however, were directed to appear at the interview on 17-3-1989 and to submit their educational certificates.

6. The petitioner Nos.3 and 4 submitte