The Tribunal had issued a direction for appointment of the respondent.
Though the Commissioner had pointed out in his numbere that numberorder of appointment would be issued pending the scrutiny by the Supervisory Committee numberinated in the above Government order, yet the Chairman chose to proceed with the appointment but the Committee, in the meanwhile, had met and recorded that the respondent who was selected by the Chairman had passed only SSC with 207 marks while one of the candidates Shri Kollu Satyanarayana was a B.A. graduate and secured 224 marks with SSC examination.
This was issued with a view to eliminate mal practices in the selection process.
Admittedly, the selection had taken place on March 28, 1992.
No reason was given as to why a better candidate was number preferred to a candidate who secured lesser marks.
The admitted facts are that to fill up the post of Chairman, the Chairman of the Municipality called for names from the employment exchange.
The Government, on becoming aware of the mal practice being companymitted in the method of recruitment of the candidates and that undue favouratism was being shown, have issued G.O. No.413, MA dated March 10, 1992 under which though the Committee headed by the Chairman of the Municipality was companypetent to select the candidates, it was required to be companynter verified by a companymittee companysisting of District Collector Convener , District Educational Officer in case of recruitment of Municipal School teachers, Regional Joint Director of Municipal Administration and Municipal Commissioner companycerned, was companystituted to scrutinise the selection and then on the basis of the recommendations so made, the appointment would be made.
We have heard learned companynsel on both sides.
Thus this appeal by special leave.
Under those circumstances, the respondent had gone to the Tribunal for a direction.
Accordingly, the direction came to be issued.
This appeal by special leave arises against the order of the A.P. Admn.
Leave granted.
When the names were sent preceding the selection, the Chairman was a companypetent authority to make selection without any companynter verification of the process of selecting the candidates, pursuant to the Government Memorandum No.372, Municipal Administration dated February 18, 1992.
Tribunal, Hyderabad dated 10.11.1995 made in O.A. No.1499/94.
