C SEETHAIAH Vs. GOVERNMENT OF ANDHRA PRADESH

JUDGEMENT

(1.) This writ appeal is directed against the Judgment of our learned borther Ramanujulu naidu J. In WVMP 305 of 1983 vacating the interim suspension granted in WPMP 3430 of 1983 pending writ petition.

(2.) The appellant herein seeks writ of certiorari or any other appropriate writ to quash the order of Government of Andhra pradesh in G.O. Rt. No. 383 revenue (H) Department dt 8-3-1983 by which the Government refused to interfere in revision with the orders of the commissioner land revenue and rejected the same.

(3.) Due tot he death of the permanent village karnam a permanent vacancy of the Karnams post of pavanivarikandrika village arose on 19-7-1977. A notification was issued calling for applications to fill up the said post on 10-11-1980. The appellant and the third respondent herein were the only applicants for the said post. On the date when the vacancy arose the appellant who belongs to scheduled caste was aged 20 years and had studied 10th class. He underwent karnams training in the year 1977 and passed karnams test. Part II However he did not pass Karnams test. Part I the third respondent who belongs to a backward class though aged 42 years on the date when the vacancy arose as qualified for appointment to the said post. The Revenue Divisional officer by his order dt. 5-1-1981 held that the third respondent being over 35 years of age was not eligible to be appointed. He considered the claim of the appellant for appointment to the said post subject to his passing Karnams Test part I with one year. He was also of the view that the appellant being a scheduled caste candidate has a better claim than the other candidate who is a overage and not a scheduled caste candidate". Accordingly he appointed the appellant to the post of Karnam. The third respondent carried the matter in appeal to the collector who confirmed the order of the revenue divisional officer and dismissed the appeal. The third respondent carried the matter in second appeal to the commissioner and revenue who by his order dt 14-8-1981 held that the rule made IN G.O. Ms. No. 1349 Revenue Department dt 1-8-1978 prescribing the age limit by way of insertion of sub-cl. (F) to R. 10 (2) (ii) is prospective and could not be applied in filling up the vacancy which arose on 19-7-1977. In that view of the matter he held that the third respondent is eligible for appointment as Karnam. He also held that against the reserved vacancy both scheduled caste. Scheduled Tribe and Backward class candidates could be considered for appointment on the basis of their relative merit. He then proceeded to consider the relative merits of the two candidates and found that while the third respondent was fully qualified to hold the post the appellant not having passed karnams Test. Part I could not be preferred to the third respondent accordingly he set aside the orders of the collector and the Revenue divisional officer and directed appointment of the third respondent herein as Karnam. It is that order that now holds the field and the appellant who was unsuccessful before the Government in revision has invoked the Jurisdiction of this Court under Art. 226 of the Constitution.