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High Court of Punjab and HaryanaCWP/7790/2017dismissed

Harjinder Kaur v. State Of Punjab And Others

2017-04-19Mr. Justice Arun Monga2 pages

CWP No.7790 of 2017 {1}

IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH CWP No.7790 of 2017 Date of decision:19.04.2017 Harjinder Kaur ... Petitioner Vs.

State of Punjab and others ... Respondents

CORAM:

HON'BLE MR. JUSTICE AMIT RAWAL Present:- Mr. Saurabh Kaushik, Advocate for the petitioner.

AMIT RAWAL J. (Oral) The petitioner is aggrieved of the impugned orders dated 14.06.2013, 04.03.2014 and 07.01.2015, whereby, respondent No.4 - Sewak Singh, has been appointed as Nambardar. Mr.Saurabh Kaushik, learned counsel for the petitioner submits that though father-in-law of the petitioner was Nambardar, yet weightage should have been given to her as she is more conversant with the work of Nambardar. Her age is more than other candidates due to which she is more experienced than respondent No.4. The post was reserved for SC category and the Sub Divisional Magistrate recommended her name to be appointed as Nambardar. All these factors have not been taken into consideration by the authorities below, thus, the impugned orders are not sustainable in the eye of law and liable to be set aside.

I have heard learned counsel for the petitioner, appraised the paper book and of the view that it is settled law that recommendation of the Savita 2017.04.21 13:54 I attest to the accuracy and integrity of this document High Court Chandigarh

CWP No.7790 of 2017 {2} Collector is the final and cannot be tinkered with until and unless there is gross illegality and perversity. No such ground has been taken. The recommendation of the Collector would be final. The District Collector has taken into consideration the fact that Sewak Singh was having good code and conduct in village. He had also given 7 fans to village as donation and he is well educated youngster. All these factors weighed in the mind of the authorities below and in my view, this was the best decision which cannot be said to be devoid of merit and fallen within the scope of judicial review. In view of the aforementioned, the writ petition is dismissed. (AMIT RAWAL) JUDGE April 19, 2017 savita Whether Speaking/Reasoned Yes/No Whether Reportable Yes/No Savita 2017.04.21 13:54 I attest to the accuracy and integrity of this document High Court Chandigarh