A. KUPPUSWAMY Vs. GOVERNMENT OF TAMIL NADU REPRESENTED BY SECRETARY TO GOVT REVENUE DEPARTMENT, FORT ST. GEORGE, MADRAS

JUDGEMENT

(1.) One Karuppanna Gounder, the grand-father of the petitioner was the permanent village head nan of Keeranur village. Consequent on his death on 3rd Oct., 1970, applications were called for, for filling up the said vacancy on a permanent oasis. There were altogether 19 applications, but the claims of all others except the petitioner and the fourth respondent were rejected. As between the petitioner and the fourth respondent, the third respondent, the appointing authority, preferred the fourth respondent for the appointment on the ground that though both satisfied all the requisite qualifications, the fourth respondent being younger and also jobless should be selected.

(2.) There was an appeal by the petitioner against the order of the third respondent to the District Revenue Officer, the second respondent herein, the said appeal was allowed by the District Revenue Officer on the ground that the fourth respondent was not shown to have sufficient property qualification and that the petitioner alone fulfilled all the requirements of appointments. The fourth respondent filed a revision before the first respondent contending that the second respondent has not considered properly his property qualification. The said revision was allowed and the first respondent remitted the matter to the second respondent for fresh disposal after giving a specific finding on the value of the property owned and possessed by the fourth respondent.

(3.) Subsequent to the order of remand, the second respondent held on the materials that the fourth respondent had the requisite property qualification. Having held that the fourth respondent also had the requisite qualification, he then proceeded to compare the claims of the petitioner as well as the fourth respondent. He held that though both are qualified to the post under the lute, the fourth respondent is to be preferred for the reason that he is younger and has better educational qualification. This order of the second respondent was taken in a revision before the Government, but without success.