“Prerogative of District Collector in Nambardar Appointments Must Not Be Disturbed,” Asserts Punjab and Haryana High Court

In a recent decision by the Punjab and Haryana High Court, the appointment of Harmesh Lal as the Nambardar of village Raipur, Tehsil Balachaur, has been upheld. Justice Rajesh Bhardwaj, in the case of Pritam Singh vs. State of Punjab & others (CWP-11505 of 2017), emphasized the significance of the District Collector’s discretion in such appointments. The judgment dated 28.07.2023 underscored, “It is the prerogative of the District Collector. Such an appointment should not be disturbed unless a gross irregularity or error is established.”

The petitioner, Pritam Singh, approached the court, challenging the appointment of respondent Harmesh Lal. Singh contended that Lal did not meet the land ownership criterion by the specified cut-off date and presented himself as a more fitting candidate due to his age, educational background, and past service in the Punjab Police.

However, the Court, referencing the case *Sukhjinder Pal Singh Vs. State of Punjab and others*, pointed out that “the appointment of Lambardar is primarily the prerogative and administrative act of the District Collector.” The court further added, referencing *Mahavir Singh vs. Khiali Ram and others*, that age is a significant factor in such appointments.

The bench, after detailed scrutiny, dismissed the petition, thereby affirming the appointment of Harmesh Lal as Nambardar. The judgment underscored that while land ownership remains an important consideration, it cannot be the sole basis for rejection or selection, especially if the Collector deems a candidate otherwise suitable.

Decided on: 28.07.2023

Pritam Singh vs State of Punjab and others 

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