MUSKU ANANTHA REDDY Vs. GOVERNMENT OF ANDHRA PRADESH

JUDGEMENT

(1.) The petitioner who is a Graduate in Arts and also a Law Graduate of the Osmania University and who enrolled himself as an Advocate of the Andbra Pradesh High Court in April, 1969 applied for the post of District Munsif pursuant to the notification issued by the Andhra Pradesh Public Service Commission in the year 1975. His Roll Number was 126.

(2.) 66 posts of District Munsifs were to be filled up by direct recruitment. The petitioner appeared for the interview before the Public Service Commission and claims to have fared well and was confident of his being selected. The Public Service Commission, the 2nd respondent herein, selected 57 candidates and the petitioner is one amongst them. His name was forwarded for appointment to the Government of Andhra Pradesh, the 1st respondent herein. The 1st respondent directed an enquiry into the antecedents of the petitioner through the local Police. The petitioner came to know that the local Police reported that he attended a meeting convened and held by the Civil Liberties Committee in 1973 in the Municipal Office. That was treated as an adverse report and the 1st respondent while approving the selection of 51 direct recruits and 10 others for appointment to the tost of District Munsif in G.O.Ms. NO. 850 Home (Courts-A) dated 14th July, 1976, dropped the petitioner. The petitioner contends that the failure of 1st respondent to appoint the petitioner inspite of his being selected for appointment by the 2nd respondent is illegal and is biased on irrelevant considerations. He states that the meeting organised by the Givil Liberties Committee was a public meeting and more attendance at or participation in the said meeting cannot be a ground for denying public employment under the State. The petitioner is not a member of any political party or communal organisation. His character and antecedents are not such as to disentitle him to appointment to a public office. In fact, the petitioner was appointed by the Assistant Gommissoner of Endowments as a trustee of Sri Venkateswara temple at Karimnagar and another temple at Tangalapalli village in Karimnagar Distict. He therefore seeks a writ of mandamus against the respondents to appoint him to the post of District Munsif with all consequential benefits

(3.) In the counter-affidavit filed by the respondents it is admitted in paragraph 3 that the petitioner is one of the candidates selected by the Andhra Pradesh Public Service Commission for appointment by direct recruitment as District Munsif in April, 1976". But it is averred that according to rule 12 (a) of the Andhra Pradesh State Judicial Service Rules, he shall be eligible for appointment to the service if his character and antecedents are such as to qualify him for such appointment. It is stated that after careful scrutiny of the confidential enquiry reports about his character and antecedents, the Governor, who is the appointing authority, Was convinced that the petitioner does not stand qualified for appointment to the post of District Munsiff in the Andhra. Pradesh State Judicial Service. Accordingly, the name cf the petitioner has been selected from the list of cand dates selected by the Andhra Pradesh Public Service Commission in 1976. It was further stated that the report as to the character and antecedents of the petitioner is confidential and privilege was claimed for not revealing the contents of those reports. His statement that he was appointed as a trustee of the two temples is not denied but it was stated that no informetion was readily available.