By the Court.—Petitioner is said to be a member of Other Backward Class. He made an application for being considered to the post of Lecturer in terms of Advertisement No. 38 published by the Uttar Pradesh Higher Education Services Commission.

2. According to the petitioner, he was successful in the written examination, but was not called for interview on the ground that he did not fulfil the minimum standard prescribed for the post in question i.e. did not secure 55 per cent qualifying marks. To be precise, the controversy relates to rounding up the fraction of the marks obtained by the petitioner in respect of his Graduate examination wherein he obtained 54.7 per cent. His contention is that it should be read as 55 per cent which is the minimum standard prescribed for the post in question in terms of the aforesaid Advertisement.

3. We have heard Shri Arvind Srivastava, learned Counsel for the petitioner ; Shri H.N. Singh for U.P. Higher Education Service Commission and Shri R.B. Pradhan, learned Standing Counsel.

4. The facts are not in dispute. The minimum marks required for being considered for the post in question is 55 per cent. The petitioner has admittedly obtained less