SWARN CHAND Vs. KEWAL RAM

JUDGEMENT

(1.) This is an appeal under section 13 of the Punjab Land Revenue Act, 1887, seeking to set aside the order dated 4.9.2001 of the Commissioner, Jalandhar Division, Jalandhar and to restore the order dated 30.10.2000 of the District Collector, Hoshiarpur, in the matter of appointment of Scheduled Caste Lambardar of v. Bullowal, tehsil and district Hoshiarpur.

(2.) The District Collector held that appellant Swarn Chand resides in the village and is always available to the people. So, for that matter is respondent Kewal Ram who runs a shop. The key factor that influenced the choice of the District Collector is that appellant Swarn Chand is the son of the deceased lambardar. Hereditary claim is not one of the criteria listed in Rule 19-B of the Punjab land Revenue Rules. As such, the choice of the District Collector is not in accordance with the statutory provision.

(3.) The Commissioner held that respondent Kewal Ram possesses marginally better educational qualifications and is handicapped. Although there is no quota for handicapped persons, it does not appear that the choice of the Commissioner is wrong. Accordingly, the petition is dismissed.