SK HASAN AHMED Vs. TAHSILDAR REPALLE GUNTUR DISTRICT

JUDGEMENT

(1.) This is an application filed under Article 226 of the Constitution of India for the issuance of a writ of mandamus directing the Tahsildar, Repalle. 1st respondent herein not to renotify the vacancy of the Village Munsif, Kanagala Village, Repalle Taluk, and to forward the existing applications to the Sub-Collector, Tenali, Guntur District, the 2nd respondent for consideration.

(2.) Consequent upon the dismissal of the permanent Village Munsif of Kanagla Village, a permanent vacancy of Village Munsif of that village arose which was required to be filled up. The 1st respondent who is the competent authority to issue a notice under rule 10 of the Andhra Pradesh (Andhra Area) Village Offices Service Rules, 1969 (referred to hereinafter merely as 'the Rules') issued a notice calling for application for the post of Village Munsif from the intending candidates to be filed before him on or before 30th May, 1977. Pursuant to that notice, the petitioner who is a gradute and passed Village Munsif's test parts I and II and who has past experience also as Village Munsif of the same village applied along with another Sri Alia Venkata Krishnaiah, acting Village Munsif of the village. 8th June, 1978, 21st June, 1978 and 7th July, 1978 were fixed as dates of interview. But the Tahsildar could not be present though the petitioner attended his office on all those dates and furnished true copies of all his certificates. On 7th July, 1978 the petitioner was informed by the 1st respondent that since the petitioner and the other contesting candidate Alia Venkata Krishnaiah are all involved in M. C. No. 2 of 1978 and M. C. No. 3 of 1978, in section 107, Criminal Procedure Code proceedings on the file of the Taluk Magistrate, Repalle, the 1st respondent himself, their applications could not be entertained and pronounced his order that he has directed the renotification of the vacancy calling for further applications treating the petitioner and the other contesting candidate as disqualified. When the petitioner was not favoured with the reasons for the decision ' in writing by the Tahsildar. It is under those circumstances the extraordinary jurisdiction of this Court under Article 226 of the Constitution was invoked for the issuance of a writ of mandamus as stated supra.

(3.) In the counter-affidavit filed on behalf of the respondents, it is stated admitting the factual situation that only two applications have been received for the post of head village munsif of Kanagala Village, one from the petitioner and the other being from one by name Alia Venkata Krishnaiah. It is stated in para. 3 of the counter-affidavit that there were charges pending against Alia Venkata Krishnaiah for tampering the printed report and subsequently the Revenue, Divisional Officer, Tenali as per his order dated 6th July, 1978 confirmed the provisional findings and ordered that Sri A. V. Krishnaiah, acting head village munsif of Kanagala be removed from service with immediate effect. The removal order was served on Sri A. V. Krishnaiah on 19th August, 1978 and Sri A. Sreeramulu, hamlet village munsif of Kanagala was kept in additional charge of the Head Village Munsif of Kanagala temporarily. Sri A. V. K.rishnaiah is also involved in a Criminal ca.se bearing No 3/78 as respondent No.49 on the file of the Station House Officer, Bhattiprolu and the matter is pending before the Magistrate. He passed the Village munsif's test parts I and II and also passed S. S. L. C. He is aged about 30 years. He was treated as not eligible for the post of village munsif of Kanagala at the a time of interview held on 7th July, 1978.