Petition herein is, inter alia, seeking a writ in the nature of Certiorari for setting aside order dated 08.02.2017 (Annexure P-5) passed by the learned Financial Commissioner (Appeals), Punjab, whereby the order dated 22.11.2011 (Annexure P-4) passed by the learned Divisional Commissioner, Jalandhar, appointing the petitioner as Lambardar of Village Mirzapur, District Kapurthala; has been set aside.

2. Briefly, upon demise of Sh. Dault Singh, previous Lambardar of Village Mirzapur, District Kapurthala, proceedings for filling up the said vacancy were initiated, whereupon petitioner – Lakhwinder Singh son of Hajur Singh and respondent No.3 – Lakhwinder Singh son of Puran Singh, also applied for the said vacancy.

2.1 The learned Naib Tehsildar, Dhilwan, as well as the learned Sub Divisional Magistrate, Kapurthala, recommended the candidature of petitioner – Lakhwinder Singh son of Hajur Singh for appointment to the aforesaid vacancy, and the matter was placed before the learned Collector, Kapurthala.

2.2 The learned Collector, Kapurthala, upon considering relative merits and demerits of all the candidates, appointed respondent No.3 – Lakhwinder Singh son of Puran Singh as Lambardar of Village Mirzapur, vide order dated 11.02.2011 (Annexure P-2).

2.3 Feeling aggrieved against the aforesaid order dated 11.02.2011 (Annexure P-2), petitioner preferred an appeal before the learned Divisional Commissioner, Jalandhar, who, vide order dated 22.11.2011 (Annexure P-4), set aside the Collector’s order (Annexure P-2) and appointed the petitioner as Lambardar of Village Mirzapur.

2.4 Being dissatisfied, respondent No.3 preferred a revision petition (ROR No.301 of 2016) before the learned Financial Commissioner (Appeals), Punjab, which was allowed vide order dated 08.02.2017 (Annexure P-5) and the learned Collector’s order dated 11.02.2011 (Annexure P-2), appointing respondent No.3 as Lambardar of Village Mirzapur, was upheld.

3. In the aforementioned circumstances, petitioner has filed the present writ petition before this Court, seeking relief(s) as noticed hereinabove.

4. Learned counsel for the petitioner submits that the learned Collector, Kapurthala, and the learned Financial Commissioner (Appeals), Punjab, have erred in law and fact in appointing respondent No.3 – Lakhwinder Singh son of Puran Singh as Lambardar of Village Mirzapur. It is contended that the petitioner is more meritorious for the said appointment on the ground that he is more educated, being Matric Pass, whereas, respondent No.3 is only Middle Pass. Learned counsel further submits that the learned Naib Tehsildar, Dhilwan, as well as the learned Sub Divisional Magistrate, Kapurthala, had recommended the candidature of the petitioner for appointment to the vacant post of Lambardar. However, such recommendations were ignored by the learned Collector, Kapurthala, and subsequently by the learned Financial Commissioner (Appeals), Punjab.

4.1 Learned counsel for the petitioner submits that respondent No.3 does not possess clean antecedents as he was involved in a criminal case bearing FIR No.21 dated 20.03.2001, registered at Police Station Dhilwan; although he was acquitted later on, vide judgment dated 23.08.2004 (Annexure P-9) passed by the learned Additional Sessions Judge, Kapurthala.

4.2 With the aforesaid submissions, learned counsel for the petitioner has prayed for setting aside the order dated 08.02.2017 (Annexure P-5) passed by the learned Financial Commissioner (Appeals), Punjab, and for upholding the order dated 22.11.2011 (Annexure P-4) passed by the learned Divisional Commissioner, Jalandhar.

5. The aforesaid submissions made by learned counsel for the petitioner have been controverted by learned counsel for respondent No.3. It is submitted that respondent No.3 has been rightly appointed as Lambardar of Village Mirzapur and that no illegality or perversity can be attributed to the orders passed by the learned Collector, Kapurthala, and the learned Financial Commissioner