S RAJALAKSHMI Vs. TAHSILDAR VANUR TALUK

JUDGEMENT

(1.) THE petitioner has come forward to challenge an order, dated 26.10.2010 passed by the respondent Tahsildar, Vanur Taluk, wherein and by which the petitioner was informed that as to why her appointment as a Village Assistant should not be cancelled as she is not qualified to hold the post and that she was also asked to explain within three days from the date of receipt of the order.

(2.) WHEN the matter came up on 2.11.2010, this Court directed notice to be taken by the Government Advocate and an interim stay was granted. The said interim order came to be extended from time to time and finally extended until further orders on 1.3.2011. Aggrieved by the said order, the respondent has filed a vacate stay application in M.P.No.1 of 2011 together with supporting counter affidavit, dated 10.1.2011.

(3.) IN this context, it is necessary to refer to a judgment of the Supreme Court in Mohd. Riazul Usman Gani Vs. District & Sessions Judge reported in (2000) 2 SCC 606, for contending that a higher qualification should not be a ground to deny an employment to a lower post. The following passages found in paragraphs 20 and 21 may be usefully extracted below:-