Young and Educated: Punjab and Haryana High Court Reinstates Lakhvir Singh as Lambardar, Citing ‘Dynamic Leadership’ Qualities

The High Court of Punjab and Haryana has reinstated Lakhvir Singh as the Lambardar of Village Kapoorgarh, overturning the Financial Commissioner’s order which had set aside Singh’s appointment. Justice Harsh Bunger’s judgment emphasized the significance of age, educational qualifications, and local administrative recommendations in such appointments.

The case originated when the previous Lambardar of Village Kapoorgarh, Shingara Singh, passed away, necessitating a replacement. Following the proclamation for filling the vacancy, six candidates applied, including Lakhvir Singh and Balvir Singh. The local police verified the antecedents of the candidates. The Tehsildar recommended Avtar Singh, while the Assistant Collector Ist Grade endorsed Lakhvir Singh. The Collector ultimately appointed Lakhvir Singh based on his youth, education, and previous role as a Panch of the Gram Panchayat. This decision was challenged through appeals, leading to a remand by the Financial Commissioner, which was subsequently overturned by the High Court.

The court examined the relative merits of the candidates, noting that Lakhvir Singh, aged 31, holds a B.A. degree and was recommended by the Assistant Collector Ist Grade. In contrast, Balvir Singh, aged 60, and Avtar Singh, aged 55, were less educated and had different levels of land holdings and previous administrative roles.

Justice Bunger highlighted that Lakhvir Singh’s youth and education were critical factors. The judgment referenced the Supreme Court’s view in Mahavir Singh v. Khiali Ram, which states that age is a relevant factor in such appointments. “The petitioner is younger in age and more educated, factors which are crucial for the dynamic role of Lambardar,” the court noted.

The court underscored the importance of the recommendations from local administrative officers. Lakhvir Singh was favored by the Assistant Collector Ist Grade, reflecting his suitability for the role based on local administrative insights.

The judgment critiqued the Financial Commissioner for not respecting the choice of the Collector, a principle supported by the court in Kuldip Singh vs Financial Commissioner. The court stated, “The subjective satisfaction of the Collector, who interacts personally with the candidates and understands their suitability, cannot be lightly set aside.”

Justice Harsh Bunger remarked, “The Collector’s appointment of the petitioner was based on a detailed consideration of the candidates’ relative merits. Overturning this decision without substantial grounds undermines the administrative process.”

The High Court’s decision reinstates Lakhvir Singh as the Lambardar, emphasizing the value of youth, education, and local administrative recommendations in such appointments. This judgment reaffirms the judicial respect for the Collector’s discretion and sets a precedent for similar future cases.

Date of Decision: July 31, 2024