A caveator must be notified before ex parte orders are made; failure to serve notice invalidates such orders.

1. This Writ Appeal is directed against the judgment of our learned brother Ramanujulu Naidu J. in WVMP. 305 of 1983 vacating the interim suspension granted in WPMP. 3430 of 1983 pending writ petition.

2. The appellant herein seeks Writ of Certiorari or any other appropriate writ to quash the order of Government of Andhra Pradesh in G.O. Rt. No. 382 Revenue (H) Department, dt. 8-3-1983 by which the Government refused to interfere, in revision, with the orders of the Commissioner, Land Revenue, and rejected the same.

3. Due to the death of the permanent Village Karnam a permanent vacancy of the Karnam's post of Pavanivarikandrika village arose on 19-7-1977. A notification was issued calling for applications to fill up the said post on 10-11-1980. The appellant and the third respondent herein were the only applicants for the said post. On the date when the vacancy arose, the appellant who belongs to Scheduled Caste was aged 20 years and had studied 10th Class. He underwent Karnam's training in the year 1977 and passed Karnam's Test, Part II. However, he did not pass Karnam's Test, Part I. The third respondent who belongs to a backward class though aged 42 years on the date when the vacancy arose, was qualified for appointment to the said post. The Revenue Divisional Officer by his order dt. 5-1-1981 held that the third respondent being over 35 years of age was not eligible to be appointed. He considered the claim of the appellant for appointment to the said post "subject to his passing Karnam's Test, Part I within one year." He was also of the view that the appellant "being a Scheduled Caste candidate has a better claim than the other candidate who is overage and not a Scheduled Caste candidate." Accordingly, he appointed the appellant to the post of Karnam. The third respondent carried the matter in appeal to the Collector who confirmed the order of the Revenue Divisional Officer and dismissed the appeal. The third respondent carried the matter in second appeal to the Commissioner. Land Revenue who by his order dt. 14-8-1981 held that the Rule made in G.O. Ms. No. 1349 Revenue Department dt. 1-8-1978 prescribing the age limit by way of insertion of sub-cl.(f) to R.10 (2)(ii) is prospective and could not be applied in filling up the vacancy which arose on 19-7-1977. In that view of the matter, he held that the third respondent is eligible for appointment as Karnam. He also held that against the reserved vacancy both Scheduled Caste, Scheduled Tribe and Backward Class candidates could be considered for appointment on the basis of their relative merit. He then proceeded to consider the relative merits of the two candidates and found that, while the third respondent was fully qualified to hold the post, the appellant not having passed Karnam's Test, part I could not be preferred to the third respondent. Accordingly, he set aside the orders of the Collector and the Revenue Divisional Officer, and directed appointment of the third respondent herein as Karnam. It is that order that now holds the field and the appellant who was unsuccessful before the Government in revision has invoked the jurisdiction of this Court under Art.226 of the Constitution.

4. Anticipating that the unsuccessful revision petitioner would move this Court, the third respondent herein lodged a caveat on 11-3-1983 through Sri E. Manohar. Advocate practising in the High Court. Sri E. Manohar, also sent a Notice dt. 11-3-1983 to the appellant by registered post, acknowledgment due informing the appellant that he has lodged a caveat in the Court and calling upon him to serve copies of proposed Writ Petition and other miscellaneous petitions questioning the order of the Government. That notice was received by the