(1.) This writ petition arises out of the Andhifa Pradesh (Andhra Area) Village Officers Service Rules, 1965 and it involves the interpretation of sub-rules (2) and (6) of rule 10 and the true effect of the preferential qualifications 1 over the basic qualifications of competing candidates for the selection of the village officer. The petitioner and the 5th respondent are the competing candidates for the selection to the post of village karnam of Karrivalasa. The vacancy was notified on 1st May, 1979, and the Assistant Collector, Parvathipuram appointed the 5th respondent as village karnam. Against the said order the petitioner preferred an appeal and the Joint Collector, Vizianagaram by his order, dated 21st May, 1980, reversed the said order and appointed the petitioner on the ground that the petitioner worked as a temporary village karnam of Padmapuram village for a period of one year eight months and also worked as a temporary village karnam of Karrivalasa for a period of three years before the notification was issued and consequently he has got the adequate knowledge in revenue matters of the village and he should be preferred to that of the 5th respondent. The appeal by the 5th respondent against that order was dismissed by the Commissioner of Land Revenue by his order, dated 27th December, 1980. However, the Government reversed the said order on a further revision by his order, dated 26th June, 1982, holding, that the 5th respondent holds higher academic qualification as he studied upto Intermediate and hence rule 10 (6) is attracted and preference, must be given to him. Against the said order of the Government, the present writ petition is filed.
(2.) It is necessary to examine the relative scope of rule 10 (2) (i) (a) and (b), rule 10 (3) (i) and rule 10 (6), which are in the following- terms:-
(3.) This view of the commissioner is acceptable as being consistent with the correct rule of interpretation that arises in the present case. The learned Counsel for the 5th respondent urged that his client is also a resident of the same village and the knowledge over the revenue matters can be ascribed to Mm also. But as already helld, sub-rule (2) (i) (a) says that adequate knowledge of rural conditions in general and of the village concerned in particular -shall taken into accounts. A person who acted in the present post before the notification was issued for over three years fulfils the requirement of possessing the adequate knowledge of rural conditions in general and of the village concerned in particular and knowledge of revenue matters.