GORA SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) Petitioner has approached this Court challenging the order dated 24.09.2013 (Annexure P-3) passed by the Collector, Bhiwani, whereby, candidature of the petitioner has been rejected holding him ineligible for appointment to the post of Lambardar for the reason that he does not fulfill the prescribed educational qualification, appeal preferred the petitioner against the said order has been dismissed by the Commissioner, Hisar Division, Hisar, on 04.07.2014 (Annexure P-5) followed by an order dated 31.10.2017 (Annexure P-7) passed by the Financial Commissioner, Haryana upholding the order passed by the Collector, Bhiwani.

(2.) It is the contention of the learned counsel for the petitioner that as per Rule 15(i) of the Punjab Land Revenue Rules, the requirement for appointment to the post of Lambardar so far as educational qualification is concerned, is "candidate should be literate preferably middle pass ". Counsel, thus, contends that as per the admitted facts and so mentioned in the order passed by the Collector, Bhiwani, dated 24.09.2013 (Annexure P-3), petitioner is 5th class pass and therefore, is a literate person. Middle pass is a preferable qualification but it is not a mandatory educational qualification. He, therefore, contends that the impugned orders passed by the authorities below cannot sustain and deserve to be set aside as they are contrary to the statutory rules.

(3.) Learned counsel for the State prays for some time to file reply to the writ petition, however, the said request of the counsel for the State is declined on the ground that the present case does not require reference to any fact and the rule in question, which is relevant for decision of the present case is Rule 15(i) where the educational qualification has been prescribed for appointment to the post of Lambardar (Headman). Perusal of the said rule would leave no manner of doubt that the requirement for appointment to the post of Lambardar is that a candidate should be literate for being eligible for consideration, however, if he is middle class pass candidate, that is his preferable qualification. Admittedly, petitioner is 5th class pass and therefore, cannot be said to be an illiterate person and would fall in the category of literate. If that be so, it cannot be said that the petitioner is not eligible for consideration for appointment to the post of Lambardar. Therefore, the impugned orders passed by the authorities below cannot sustain and deserve to be set aside being contrary to the statutory rules.