Judgment Chandramauli Kr.Prasad, J. 1. This application has been filed for issuance of a writ in the nature of mandamus commanding the respondents to approve the service of the petitioner as Lecturer of Astrological Mathematics in Mithila Sanskrit Mahavidyalaya, Sitamarhi. 2. Shorn of unncessary details facts giving rise to the present application are that by order, dated 29th of June, 1979 petitioner was appointed as Lecturer of Astrological Mathematics of Mithila Sanskrit Mahavidyalaya, Sitamarhi (for short the College) by its Secretary. In pursuance of the aforesaid order he joined as Lecturer on the same day i.e. 20th of June, 1979. By letter dated 10.6.1985 (Annexure-3) the Principal of the College sought approval of appointment of the petitioner and other teaching and non-teaching employee and sanction for payment of the salary. Approval of appointment of services of some Lecturers and non-teaching employees was accorded and according to the petitioner his case remained pending. The Principal of the College by letter dated 26.6.1996 (Annexure-9) wrote to the Registrar of Kameshwar Singh Darbhanga Sanskrit University (hereinafter referred to as the University) for granting approval to the appointment of the petitioner as Lecturer. It is the grievance of the petitioner that till date no decision has been taken and the service of the petitioner has not been absorbed. 3. Counter affidavit has been filed in which the plea of the answering respondent is that as the petitioner had passed M.A. examination in 3rd division his service is not fit to be regularised. It has further been pleaded that College in question has been derecognised and as such question of grant of approval to the appointment of the petitioner does not arise. Petitioner has filed a rejoinder to the counter affidavit in which he has stated that he appeared in the Post Graduate examination in 1993 and passed the same in first division. 4. An intervention application has also been filed in which it has been stated that the said intervenor has been appointed on the post held by the petitioner and there is no post left on which the service of the petitioner can be regularised. In the said intervention application it has been further stated that the petitioner is presently working as Principal somewhere else. 5. Mr. In the said intervention application it has been further stated that the petitioner is presently working as Principal somewhere else. 5. Mr. Amber Nath Banerjee appearing on behalf of the petitioner submits that petitioner may not be qualified for appointment as Lecturer at the time when he was appointed but in the year 1993 he having acquired the requisite qualification, his service deserves to be approved. In support of his submission he has placed reliance on an unreported decision of this Court in CWJC No. 3396 of 1998 (Jitendra Narayan Thakur V/s. Kameshwar Singh Darbhanga Sanskrit University & Ors.) disposed off on 11th January, 2000 and points out that the petitioners case is squarely covered by the said decision. In this connection he has drawn my attention to paragraph 6 of the judgment, which reads as follows: "In the aforesaid background, the petitioner having enhanced his qualification in pursuance of Special Examination of the Batch 1987-88, thereafter, the Respondents had no jurisdiction to say that the petitioner is not eligible for absorption in terms with Article 1(b) of the Statute. In fact, the opinion which was forwarded to the Chancellor, they accepted that the case of the petitioner was fit for regularisation and he was entitled for salary, as quoted above." 6. Mr. Shivesh Chandra Mishra appearing on behalf of the University as also Mr. Yugal Kishore representing the College Service Commission contend that the petitioner was not eligible for appointment as Lecturer in the year 1979, his service cannot be regularised and enhancement of qualification by him later on shall not enure to his benefit. 7. Having considered the rival submission I do not find any substance in the submission of Mr. Banerjee and the decision relied on is clearly distinguishable. It is common ground that the petitioner is seeking absorption in service in pursuance of Statute 8 which has provided for regularisation of the service of purely temporary lecturers appointed on or before the 28th of February, 1982. Clause 1 (a) and (b) thereof which is relevant for the purpose reads as follows: 1. It is common ground that the petitioner is seeking absorption in service in pursuance of Statute 8 which has provided for regularisation of the service of purely temporary lecturers appointed on or before the 28th of February, 1982. Clause 1 (a) and (b) thereof which is relevant for the purpose reads as follows: 1. A purely temporary lecturer, who is in the service of the University or of a College admitted to it as a lecturer shall be appointed by the Syndicate or the Governing Body as the case may be, in the regular service of the University or the College concerned, if he fulfils the following conditions; (a) that he had been appointed as a lecturer in the service of the University or the College concerned on purely temporary basis on or before the 28th February, 1982 and has been since then continuing in the service of the University/College as such; (b) that, he possesses at least a Second Class Masters degree in the subject." XX XX XX 8. From a plain reading of the aforesaid Statute it is evident that the person appointed as Lecturer in a College on or before 28th of February, 1982 and is continuing in service has to be regularised provided such Lecturer possesses at least a 2nd Class Masters Degree in the subject. Undisputedly the day on which the Statute came into operation or the date of appointment petitioner did not have a 2nd Class Master Degree and therefore his case is not covered by the Statute. 9. Now the question is as to whether his passing the M.A. examination in first division in the year 1993 can entitle him for absorption. I am of the opinion that the State having provided for regular appointment of a Lecturer on the condition that such Lecturer possesses at least Second Class Masters degree, petitioner shall not be so entitled. For appointment on regular basis in terms of the Statute, the Lecturer is required to possess Second Class Masters degree and even if it is assumed, that existence of such degree is to be tested on the date the Statute came into force but in no circumstance in my opinion it can be said that acquisition of degree later on shall entitle the Lecturer absorption on regular basis. Petitioners acquisition of qualification in 1993, therefore, in my opinion shall not enure to his benefit. 10. Petitioners acquisition of qualification in 1993, therefore, in my opinion shall not enure to his benefit. 10. Now reverting to the decision of this Court in the case of Jitendra Narayan Thakur (supra) the same is clearly distinguishable. In the said case although the petitioner did not possess the qualification making him eligible tor appointment still the University approved his appointment. Thereafter the University wrote letter to the petitioner of the said case to obtain 55 per cent marks failing which his services may be terminated. In pursuance of the said direction, said petitioner enhanced his qualification but did not get 55 per cent marks but got Second Class Masters degree. In the said case controversy was as to whether less than 55 per cent marks fulfils the requirement. In the back ground of the aforesaid fact, this Court directed for consideration of the case of the petitioner in the light of the Statute referred to in the judgment. In the present case at no point of time the University approved the petitioners appointment or, for that matter, he was ever asked to enhance his qualification. In my opinion direction sought for to give approval of appointment of petitioner who did not possess minimum qualification at the time of appointment and even on the date when the Statute came into force is absolutely uncalled for. 11. In the result I do not find any merit in this application and it is dismissed accordingly but without any order as to cost.