( 1 ) THIS petition under Art. 226, is concerned with the scope of Rule 5 of the Karnataka State Civil Services (Direct Recruitment by Selection) rules, 1973 (hereinafter called 'the Rules' ). The petitioner, Satyaprakash, has obtained a rule from this Court calling upon the State Public Service Commission (called shortly as 'the commission') to show cause why a writ under Art,226 should not be granted commanding the Commission to interview the petitioner for the post of Lecturers in Economics. ( 2 ) THE Commission published a notification dt. 17th May, 1973 inviting applications from qualified candidates for the posts of Lecturers in the dopt of Collegiate Education. The qualification prescribed therein was one must be holder of a degree not lower than a second class masters degree of a Universiy established by law. The petitioner was one of the applicants to the post of a Lecturer in Economics. He has passed M. A. degree examination. But he was barred at the threshold as he was not called for interview. It is said tha,t he could not find a place in the eligibility list by the Commission under Rule, 5 of the Rules. ( 3 ) IT is averred in the statement of objections filed on behalf of the Commission that the eligibility list was prepared on the basis of the percentage of total marks obtained in the final M. A. degree examination and not on the basis of the percentage of aggregate marks obtained in the m. A. degree course as a whole. The list was said to have been prepare as per the resolution d/. 21st Jan, 1974, passed by the Commission. The resolution reads ;"in respect of recruitment to any post/s for which a degree of a recognised University is prescribed and candidates possessing Bachelor's degree / master's degree apply for such posts the percentage of marks thus obtained in the final years Bachelor's degree or Master's degree, whichever is advantageous to the candidates should be considered for calculating the percentage of marks. ( 4 ) IN the final year Master's degree marks card of the Bangalore, mysore and Karnataka Universities, marks of the previous examinations are also included. According to the earliqr decision of the Commission, only the marks of the final year degree are to be taken into consideration. ( 4 ) IN the final year Master's degree marks card of the Bangalore, mysore and Karnataka Universities, marks of the previous examinations are also included. According to the earliqr decision of the Commission, only the marks of the final year degree are to be taken into consideration. Hence the marks obtained by the candidates in the previous examinations which are included in the final year degree marks card, should be delated and the marks calculated. ( 5 ) THE marks obtained by candidates under Part II, in the degree examination indicated in the final degree marks statement of the Karnataka university should be deleted and the rest including the marks in the basic subjects should be taken for purposes of calculating the marks. Sd/ M. Munuswamy, Sd/r. V. Bidap, secretary I/c Chairman. " the question is, whether the eligibility list prepared as per the above resolution was in accordance with Rule 5 of the Rules. Rule 5 provides :"eligibility of candidates for the interview- (1) For purpopes of selection of candidates for the interview the selecting authority shall prepare a list of names of candidates on the basis of this percentage of total marks secured in the qualifying examination in the order oi merit and if two or more candidates have secured equal percentage of total marks in the qualifying examination, the, order of merit in respect of such candidates shall ba fixed on the basis of their age the person or persons older in age being placed higher in the order of merit. From among the candidates whose names are included in such list as far as may be such number of candidates as is equal to four tunes the number of vacancies notified, selected in the order of merit shall be eligible for the interview. (2) Omitted. (3) For the purposes of this rules- (a) 'qualifying examination means the examination or examinations prescribed as the minimum qualification required for appointment in the rules of recruitment to the cadre or post concerned. (b) Where the qualifying examination consists of more than ope examination the percentage of total marks secured in the qualifying examination shall be the average of the percentage of total marks secured in those examinations. (b) Where the qualifying examination consists of more than ope examination the percentage of total marks secured in the qualifying examination shall be the average of the percentage of total marks secured in those examinations. " ( 6 ) ON examination of the above rule, it becomes clear that the Commission shall prepare a list of names of candidates on the basis of the percentage of total marks-secured in the qualifying examination in the order of merit. The qualifying examination means the minimum qualification required for appointment in the rules oi recruitment to the post concerned. The rule also provides that where the qualifying examination consists of more than one examination the percentage of total marks secured in the qualifying examination shall be the average of the percentage of total marks secured in those, examinations. ( 7 ) IN the relevant cadra and recruitment rules, the qualifying examination prescribed for the post of Lecturers is First or Second Class Master's degree. The petitioner has passed Master of Arts degree examination from the Bangalore University. It is admittedly a two years course in which the student has to pass two University Examinations-one at the end of the first year called 'previous First Examination' and, another at the end of the Second Academic Year. It is thus seen that the qualifying examination or the minimum qualification precribed under the Cadre Rules consists of two University examinations and the Commission ought to have taken the average of the percentage of total marks in those two examinations. The eligibility list prepared by the Commission overlooking the marks secured by the petitioner in the previous First Examination of the Master of Arts Degree Course was therefore, contrary to Rule 5 (3) (b) of the Rules. In the, result the, rule issued in this petition is made absolute and a mandamus shall issue the Commission to consider the case of the petitioner in accordance with law and in the light of the observation made. In the circumstances, I make no order as to costs. --- *** --- .