High Court of Punjab and HaryanaCWP/15701/2015dismissed

Jarnail Singh v. F.C. Punjab And ORS.

2015-08-03Mr. Justice S.P. Bangarh2 pages

CWP15701/2015

IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH Date of decision:03.08.2015.

Jarnail Singh .............Petitioner v.

Financial Commissioner(Revenue)Punjab and others .............Respondents CORAM: HON'BLE MR.JUSTICE JASWANT SINGH Present:- Mr.Umesh Kumar Kanwar,Advocate for the petitioner Jaswant Singh,J.(Oral) Petitioner who unsuccessfully competed with respondent no.4 for the post of Numberdar (Scheduled Caste) has laid challenge to the orders dated 5.11.2012(P-1) passed by Collector,Ludhiana appointing respondent no.4 as Numberdar; order dated 22.7.2014(P-2) passed by Commissioner,Patiala Division,Patiala dismissing the appeal of the petitioner and order dated 11.3.2015 (P-3) passed by Financial Commissioner(Revenue)Punjab whereby revision filed by the petitioner was dismissed.

At the time of hearing it has only been submitted that the petitioner is more qualified than respondent no.4 as petitioner has studied upto 9th standard while respondent no.4 has studied only upto 4th standard.

After hearing the learned counsel for the petitioner I find no RAJINDER PRASHAD JOSHI 2015.08.05 11:31 I attest to the accuracy and authenticity of this document High Court, Chandigarh.

CWP15701/2015 merit in the submission made by the counsel for the petitioner. Education alone cannot be a criteria for selecting candidate for the office of Numberdar. It has been observed by the Collector that though respondent no.4 has studied upto 4th standard but earlier he has officiated as Numberdar for one year, he is member of Pasvik Committee of the School and Senior Vice President of Agricultural Society. Moreover his name has been recommended by the respectables of the Village besides Naib Tehsildar,Kum Kalan,Tehsildar Ludhiana East and SDM,Ludhiana East. Thus, the merits and demerits of both the candidates has been delineated by the Collector while appointing respondent no.4 as Numberdar. It is well settled that discretion exercised by the Collector in such matters should not be interfered unless it is totally illegal and perverse. Learned counsel for the petitioner has not been able to show that the order passed by the authorities below suffer from any illegality or perversity. In view of the above,finding no merit in this writ petition the same is hereby dismissed.

03.08.2015.

(Jaswant Singh) joshi Judge RAJINDER PRASHAD JOSHI 2015.08.05 11:31 I attest to the accuracy and authenticity of this document High Court, Chandigarh.