High Court of Punjab and HaryanaCWP/13601/2015dismissed

Kirpal Singh v. State Of Punjab & ORS

2015-07-22Mr. Justice S.P. Bangarh2 pages

CWP 13601/2015

IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH Date of decision:22.07.2015.

Kirpal Singh .............Petitioner v.

State of Punjab and others .............Respondent CORAM: HON'BLE MR.JUSTICE JASWANT SINGH Present:- Mr.Malkeet Singh,Advocate for the petitioner Jaswant Singh,J.(Oral) The unsuccessful candidate for appointment as Numberdar of Village Lidhar Kalan,Tehsil Phillaur, District Jalandhar has filed the present writ petition challenging the order dated 5.4.2011 (P-1) passed by Collector, Jalandhar whereby respondent no.5-Harbaljit Singh has been appointed as Numberdar; further challenge is to the appellate order dated 27.9.2011(P-2) passed by Commissioner, Jalandhar and the order dated 7.4.2015(P-3) passed by the revisional authority upholding the order at Annexure P-1.

Learned counsel for the petitioner has very vehemently argued that the petitioner is much more meritorious than respondent no.5, who has been solely appointed on the basis of his hereditary claim since father of respondent no.5 was also Numberdar. Therefore, it is submitted that all the impugned orders at P-1 to P-3 are liable to be RAJINDER PRASHAD JOSHI 2015.07.22 16:02 I attest to the accuracy and authenticity of this document High Court, Chandigarh.

CWP 13601/2015 set aside.

After hearing learned counsel at length this Court is not inclined to interfere with the impugned order passed by the District Collector, Jalandhar which has been upheld by both- the appellate as well as revisional authority. A perusal of order dated 5.4.2011(P-1) reveals that the District Collector has considered the comparative merits and arrived at a conclusion which is not solely based on the hereditary claim of respondent no.5. The finding arrived at regarding merit of respondent no.5 does not suffer from any perversity so as to warrant interference in exercise of extraordinary jurisdiction of this Court.

Dismissed.

22.07.2015.

(Jaswant Singh) joshi Judge RAJINDER PRASHAD JOSHI 2015.07.22 16:02 I attest to the accuracy and authenticity of this document High Court, Chandigarh.