B. SANJANNA Vs. GOVERNMENT OF ANDHRA PRADESH

JUDGEMENT

(1.) M. Subbarao, the Karnamof Chabrolu Village died on December, 30, 1976 and the post of the Karnam of the village fell vacant. The Tahsildar, Nandyal on January 20, 1977 invited applications. Fourteen persons had applied for the post. When the applicants were called for interview, seven among them were present; among the seven, the Sub-Collector found B. Sanjanna was "suitable". He was a resident of Chabolu. He had passed 'Fifth Class' and tests of Karnam and Survey Training and was from Backward Classes. However he did not pass eighth class, the requisite qualification prescribed under Rule 10(3)(1) of the A.P. Village Offices Service Rules. The Sub-Collector consulted the Tahsildar under Rule 12 and ordered exemption from the prescribed educational qualifications and B. Sanjanna was appointed. The District Revenue Officer, Kurnool on December 2, 1977 confirmed the appointment. The Land Revenue Commissioner on July 19, 1978 held the notification under the rules was published on January 20, 1977 and the application of Sanjanna dated January 9, 1977 was received on January, 2, 1977; therefore the application was held to be anterior to notification under Rule 10; therefore, the suitability of Sanjanna could not have been considered. The order of appointment was set aside. The other candidates were considered and I. Nagireddi (the sixth respondent) was appointed as Karnam of Chabolu village. The Government on April 12, 1979 in G. O. Rt. No. 761 (the impugned order) on examination of the record thought fit not to interfere with the order of appointment of Nagireddi.

(2.) The facts in the above proceedings show the death of permanent Karnam had occurred on December 30, 1976. The application of Sanjanna was received on January 11, 1977 after the office of Karnam fell vacant. The fact that Sanjanna's suitability was considered by the authorities should dispeel irregularity even if there be any error in receiving the application

(3.) The question at issue is whether applications anterior to the notification are barred from consideration. The learned counsel for Nagireddi relied on a decision of this Court in W.P. No. 2041 of 1974 on November, 17, 1975. In that case Chinnappa Reddi, J. observed: