VENKATA KRISHNA RAO Vs. GOVERNMENT OF ANDHRA PRADESH

JUDGEMENT

(1.) The petitioner and the third respondent, along with some others applied to be appointed in the permanent vacancy of Village Munsif of Rajupalem. That was in pursuance of a notification issued by the Tahsildar Sattenapalli on 7-5-1980. In all, seven applications had been received in time. The Tahsildar interviewed the applicants on 11-8.1980 and on the basis of that interview he submitted a report to the Revenue Divisional Officer, Guntur who is the appointing authority. Even before the Revenue Divisional Officer, Guntur could take a decision and act upon on the interview report of the Tahsildar, the third respondent who was one of the applicants for the job applied to the Government and sought exemption from the age disqualification which he was suffering under the Village Officers' Service Rules. The Government passed G O.Rt. 1665 dated 10-10-1980 exempting the third respondent from the operation of proviso to sub-clause (f) of clause (ii) of sub-rule (2) of Rule 10 of the Andhra Pradesh (Andhra Area) Village Officers' Service Rules 1969 (hereinafer referred to as 'the Rules'). Now acting on the basis of that G.O. and taking into consideration the report sent by the Tahsildar, the Rovenue Divisional Officer, Guntur preferred the third respondent as Village Munsif of Rajupalem to the petitioner and appointed him. The petitioner, whe had thus been rejected by the Revenue Divisional Officer, Guntur for appointment as Village Munsif of Rajupalem, had filed this writ petition.

(2.) There are two questions that fall for consideration in this writ petition. (1) Whether the Government has the power to grant exemption? (2) Whether the Government acted intra vires of its authority and power under Rule 10 of the Rules in granting exemption to the third respondent from the operation of disqualification clause contained in proviso (f) to subclause (ii) of clause (2) of Rule 10?

(3.) The aforesaid Rules are made under Article 309 of the Constitution. Sub-clause (ii) (f) of Rule 10 (2) with which we are concerned in this writ petition reads thus: (ii) No person shall be eligible for appointment to any Village officer, if he (f) has completed the age of thirty-five years, on the date on whcih the permanent vacancy has arisen, provided that the Government may in special case exempt any person from the operation of sub-clause (f)".