The choice of the Collector in the appointment of Lambardar cannot be lightly set aside unless there is some perversity or illegality in the order. The relevance of the candidate's age, educational qualifications, and influence in the village were key legal principles established in the judgment.

JUDGMENT

Vikas Bahl, J. (Oral) - This is a Civil Writ Petition under Article 226/227 of the Constitution of India for issuance of a writ in the nature of certiorari for quashing the order dated 19.11.2014 (Annexure P-2) passed by respondent No.2, order dated 04.08.2016 (Annexure P-3) passed by respondent No.1; order dated 22.03.2018 (Annexure P-4) passed by respondent No.3-District Collector; order dated 27.10.2020 (Annexure P-6) passed by respondent No.2; and order dated 17.01.2022 (Annexure P-8) passed by the respondent No.1 vide which appointment of respondent No.5 to the post of Lambardar of village Chung, Tehsil Patti, District Tarn Taran, has been upheld.

2. Brief facts of the present case are that after the death of Virsa Singh on 16.09.2002, who was the permanent Nambardar of village Chung, Tehsil Patti, District Tarn Taran, the process of filling up the vacant post of Lambardar was initiated. After due proclamation, the applications were submitted and five persons i.e., Gurcharan Singh, Gurnam Singh, Buta Singh-respondent No.4, Sarabjit Singh-respondent No.5 and the present petitioner Gurmit Singh, applied for the said post. The Collector, Tarn Taran in the first round, vide order dated 05.05.2011 (P-1), appointed the present petitioner as the Lambardar of village Chung, Tehsil Patti, District Tarn Taran. Both respondent No.5-Sarabjit Singh and respondent No.4-Buta Singh filed two separate appeals against the said order dated 05.05.2011 (P-1) and the said appeals were allowed and the matter was remanded back by the Commissioner, Jalandhar Division, Jalandhar to the District Collector, Tarn Taran for a fresh decision vide order dated 19.11.2014. While remanding the matter, it was observed that allegations have been levelled against the present petitioner of being in illegal possession of the panchayat land by both the appellants therein and for the said purpose, the relevant jamabandi was also presented before the Commissioner, Jalandhar Division, Jalandhar. It was also observed by the Commissioner, Jalandhar Division, Jalandhar that no certificate of educational qualification had been produced by the petitioner and the basic qualification of education had not been considered by the District Collector, Tarn Taran. The petitioner filed one ROR No.90 of 2015 against the said order and the Financial Commissioner (Appeals), Punjab dismissed the same vide order dated 04.08.2016 (Annexure P-3) and thus, upheld the order dated 19.11.2014.

3. The Financial Commissioner (Appeals), Punjab vide order dated 04.08.2016, had also observed that the allegation of encroachment of panchayat land by the present petitioner has been supported by the relevant revenue record i.e., jamabandi and had taken note of the fact that although, the petitioner had claimed that he had passed 5th class, but no certificate regarding the educational qualification of the petitioner had been produced, thus, it was observed that the Commissioner, Jalandhar Division, Jalandhar had rightly remanded the matter back to the Collector, Tarn Taran. It is not in dispute that the said orders had attained finality.

4. In the second round, after remand of the matter, the Collector, Tarn Taran, vide order dated 22.03.2018 appointed respondent No.5-Sarabjit Singh as the Lambardar. The comparative merits and demerits of the candidates were considered. It was observed that respondent No.5-Sarabjit Singh was the best candidate as he is 10+2 class pass and also has good influence in the village. The other qualifications and merits of respondent No.5, including the fact that he was 35 years of age and owns 05 acres of land, were also noticed. The fact that the present petitioner was 49 years of age and even as per his own case, was 5th class pass, was also noticed. The Collector, Tarn Taran further considered the fact that the present petitioner was stated to be in illegal possession of Government land of Gram Panchayat bearing Khasra No.279(0-12) within the area of village Chung