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Judgment
The dispute between the parties relates to the appointment to the office of Village Headman of Village Dhunike, Tehsil and District Bathinda. The petitioner was 31 years of age and an MBA by qualification, whereas r
“5.I have considered the arguments advanced by the learned counsel for the parties and have also gone through the record. That after the death of previous lambardar of village Dhunike, Tehsil and District Bathinda process was initiated by the Id. District Collector, Bathinda to fill up this vacancy. The District Collector without considering the proper merits and demerits of the candidates appointed appellant Jagmeet Singh as new lambardar of the village vide order dated 30.11.2021. Similarly, the Commissioner, Faridkot Division by exceeding his jurisdiction and without discussing the merits of the respondent appointed him as new lambardar by setting aside the order of Id. District Collector only on the grounds that the respondent is son of deceased lambardar. The Commissioner also fails to evaluate the merits of the candidates in detail. It is settled law that in the appointment of lambardar, it is the duty case on the Collector who is head of the revenue district to weigh the comparative merits of the candidates, who applied for the position of lambardar and to appointed most meritorious and suitable candidate for the post of lambardar after considering every aspect of the contesting candidate, but the Collector, Bathinda fails to do so.
6.On perusal of this case, I found that the Courts below are failed to consider the merits of all the candidates and appointed the non-suitable candidate as lambardar. It needs fresh consideration. In view of this, I deem it appropriate to remand the case back to the District Collector, Bathinda by setting aside the impugned orders dated 09.11.2022 passed by Commissioner, Faridkot Division, Faridkot and order dated 30.11.2021 passed by the District Collector, Bathinda. The Collector shall appoint the most meritorious candidate after re-considering the inter-se merits of the candidates, by passing an appropriate order, in accordance with law. The parties are directed to appear before the Id. District Collector, Bathinda on 02.08.2023.”