B. P. JEEVAN REDDY, J.

( 1 ) BY G. O. Ms. No. 604, Revenue, dated 23-5-1977, sub-rule (7) was added in Rule 10 of the A. P. (Andhra Area) Village Offices Service Rules, 1969. It reads as follows:" (7) Out of every two vacancies of the posts of "class I Village officers" specified in rule 3 arising in a revenue division, the second vacancy shall be filled up from among the qualified candidates belonging to the Scheduled castes, Scheduled Tribes and backward Classes. "

( 2 ) THE expressions village Office and village Officer are defined by clauses (k) and (1) in Rule 2 of the Rules, they read as foliows:-" (k) village Office means any of the offices held by a headman, munsiff, reddy, monigar, peddakapu, patel, karnam, patwari, neerganti, neeradi, vetii, kawalkar, toti, talayani, tandalgar, sethsindhi or any such village office by whatever designation it may be locally known. Explanation:- For the purposes of these rules, a village office is an office of profit under the Government and the holder of that office is a public servant within the meaning of section 21 of the indian Penal Code". " (1) village Officer means any person who holds any of the village offices of headman, munsif, reddy, monigar, peddakapu, patel, karnam, or patwari or any such village office by whatever designation it may be locally known. "

( 3 ) RULE 3 mentions the classes and categories of village officers and village servants. In so far as it is relevant for our purposes, it reads as follows:-"3. The Service shall consist of the following classes and categories of village officers and village servants:- class I - VILLAGE OFFICERS category (1):headman, Munsiff, Reddy, Monigar, Peddakapu, Patel and their assistants. Category (2):karnam, Patwari and their assistants. Category (3):triune Officer. CLASS II - VILLAGE SERVANTS category (I):-Vetti, Kawalkar, Toti, Talayari, Tandalgar and Setbsindhi. Category (2):neerganti and Neeradi". The appointing authority in the case of village-officers in the Revenue divisional Officer. Rule 10 prescribes the qualifications in the case of village - officers in category (1), as well as village officers in category (2 ). It is not necessary to refer to the other provisions in the said Rules.

( 4 ) PRIOR to the introduction of sub-rule (7) in Rule 10, there was no provision for reservation in favour of either backward classes, or scheduled-castes or scheduled-tribes, in the matter of appointment to the said posts. It is for the first time that such a provision is made, obviously with a view to provide adequate representation in the village-Offices to the members of backward classes, scheduled-castes and Scheduled-tribes. Art. 16 (4) of the Constitution permits such reservation. The validity of the said rule and its implementation is called in question in this batch of writ petitions.

( 5 ) IT is not necessary to state the facts in each of the writ petitions. It would be sufficient to refer to the facts in W. P. No. 3525/1978. I will refer to the facts in other writ petitions wherever they are necessary.

( 6 ) THE father of the petitioner in W. P. No. 3525/78 was the permanent village Munsif of Chimalamarri village in Narasaraopet, Taluk, Guntur District. He died on 25-11-1977. On 14-12-1977, the Revenue Divisional Officer issued a notification calling for applications for regular appointment to the said post. The notification did not mention that the post was reserved for members of backward classes, Scheduled-castes or schedule-tribes. Applications were invited from all eligible candidates. The last date for receipt of applications was 31-12-1977. Only the petitioner and the 3rd respondent applied in pursuance to the said notification. The 3rd respondent belongs to backward classes, while the petitioner does not belong to any of the backward classes, scheduled castes or Scheduled tribes. At the time of consideration however, the Revenue Divisional Officer proceeded to treat the said post as having been reserved under sub

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