Hon’ble Sudhir Agarwal, J.—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 20th 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.”

4. It is not disputed that pursuant to the aforesaid amendment dispensing with the requirement of NET qualification for the candidates who have obtained Ph.D. Degree for under-graduate level, the State Government issued an order on 12th July 2006 proposing amendment in the relevant Statutes of the Universities governed by the Act and directing the Universities to take steps for making necessary amendment in the relevant Statutes. The Executive Council of the University in its meeting dated 31st August 2006 resolved to make amendment in the Statute in the manner as it contained in the Government Order dated 12th July 2006 and requested the Chancellor and Government to approve the said amendment. However, much prior to the aforesaid exercise undertaken either by U.G.C. or by the University or by the Government, the University had already published an advertisement on 27th March 2006 for the post of Lecturer in the Department of Anthropology (reserved for other backward classes) and the qualification prescribed in the said advertisement was as per the First Statute of the University The petitioner, though had not passed NET Examination, but possess Ph.D. Degree applied for the post of Lecturer in the Department of Anthropology and was called for interview by the University vide interview letter dated 9th September 2006. The interview was held on the same day, i.e., 9th September 2006 when the petitioner appeared before the Selection Committee who recommended his name for appointment to the post of Lecturer and after approval by the Executive Council in its meeting dated 19th October 2006, an appointment letter was also issued to the petitioner on 19th October 2006 appointing him on the post of Lecturer in the department of Anthropology. Aggrieved by the said appointment of the petitioner since he did not possess qualification as per the First Statute of the University as it stood on the date of advertisement and also till the date of appointment of the petitioner on the post of Lecturer in the Department of Anthropology, the respondent No. 4 made a representation under Section 68 of the Act before the Chanc