The court emphasized the importance of respecting the recommendations made by lower authorities in the selection process and highlighted the need for evidence to support challenges to appointment decisions.

G.S. Singhvi, J. - In this petition filed under Article 226 of the Constitution of India, the petitioner has prayed for quashing order Annexure P.9 dated 29.11.2001 passed by the Financial Commissioner Appeals-I, Punjab (respondent No. 1) and for restoration of order Annexure P-7 dated 7.8.2001 passed by the Commissioner, Jalandhar Division, Jalandhar.

2. The facts necessary for deciding the writ petition are that in pursuance of the proclamation made in village Miani through Halqa Patwari, the petitioner is said to have submitted application dated nil to the Naib Tehsildar for appointment of Lambardar of the village. Five other candidates including respondent No. 3 also applied in response to the proclamation. Their applications were forwarded by Naib Tehsildar-cum-Assistant Collector Grade-II, Tanda to the Tehsildar Dasuya vide Annexure P.1 dated nil. He recommended that respondent No. 3 be appointed as Lambardar. The relevant extract of the recommendations made by the Naib Tehsildar reads as under :-

"Antecedents of these candidates were duly verified from the police which are attached with the file and found satisfactory. Therefore, keeping in view the aforesaid facts, the name of Shri Subhash Chander Ex-Naik son of Bhagat Ram resident of village Miani is recommended for the appointment of Lambardar because he belongs to Ad-dharmi caste and younger in age as 37 years old. He is having his vote and ration card in the village. He owns his own kothi in the village and is owner of 3 shops. He retired from the Army and is drawing his pension. He does not participate in any political party and has not taken any loan and moreover, no case is pending against him. He knows the working of Lambardar."

3. The Tehsildar, Dasuya approved the recommendations made by the Naib Tehsildar and vide Annexure P.3 dated 26.4.1999, he forwarded the case to the Sub Divisional Magistrate with the following remarks :-

"All the candidates are permanent resident of village Miani and belong to Harijan caste. The record was perused and the candidates were heard. Thereafter, I have code to the conclusion that out of the candidates, Shri Subhash Chander son of Bhagat Ram is suitable for the appointment of Lambardar. I agree with the report of Naib Tehsildar, Tanda and recommend the name of Subhash Chander son of Bhagat Ram, resident of village Miani for the appointment of Harijan Lambardar."

4. The Sub Divisional Magistrate-cum-Assistant Collector 1st Grade, Dasuya agreed with the recommendations made by the Naib Tehsildar and Tehsildar and submitted the case to the Deputy Commissioner, Hoshiarpur for appointment of Lambardar by recording the following observations :

"Aforesaid six candidates appeared in the Court. They have been heard and every candidate has intimated about them and their qualifications, Shri Subhash Chander, Ex-Naik has stated that during his service he participated in different operations and has been awarded with Siachin- Glacier. An entry to this effect also found in the Discharge Book attached with the file. He has also stated that his father was also previously a Lambardar and has also known the work of Lambardari. File has been pursued. The records of Naib Tehsildar, Tanda and Tehsildar, Dasuya have been perused. Amongst these candidates, I found suitable Shri Subhash Chander, Ex.Naib. Therefore, agreeing with the reports of Naib Tehsildar Tanda and Tehsildar Dasuya. I recommend the name of Subhash Chander Ex-Naik for the appointment of new Harijan Lambardar of village Miani in place of Shri Bhagat Ram, discharged Lambardar. Candidates are directed to appear before learned Deputy Commissioner, Hoshiarpur on 26.7.1999.

5. After considering the report of Sub Divisional Magistrate, Dasuya and hearing the candidates and their Advocates, District Collector, Hoshiarpur passed order Annexure P.5 dated 3.5.2000 for appointment of respondent No. 3 as Lambardar. The relevant extracts of the order passed by the District Magistrate are r