Petitioner challenged the appointment of Sewak Singh as Nambardar, an SC-category post. The High Court held that the Collector's recommendation is final unless shown to be perverse, and dismissed the writ petition.
The writ petition was dismissed and the appointment of Sewak Singh as Nambardar was upheld.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
CWP No.7790 of 2017
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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
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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
3 issues framed by the court
Whether the appointment of the petitioner or another candidate for the post of Nambardar, reserved for the SC category, is legally sustainable.
Whether the recommendation of the Sub Divisional Magistrate regarding the petitioner deserves judicial intervention over the District Collector's decision.
Whether the State authorities fell in proportionality of reason when selecting Sewak Singh over the petitioner for the post.
Harjinder Kaur
State of Punjab
Sewak Singh
AMIT RAWAL
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
