Law:

Section:

Punjab Land Revenue Rules, 1968--- ----Rr. 17 & 19---Constitution of Pakistan, Arts.4, 25, 27 & 36---Lambardar, appointment of---Qualifications---Scope---Religion of the candidate---Effect---Performance as 'Sarbrah lambardar' as being son of permanent lambardar---Effect---Petitioner contended that respondent being member of the religious minority was not qualified to be permanent lambardar and that petitioner was more educated than the respondent---Respondent contended that he had performed well as 'Sarbrah lambardar' in the lifetime of his father who was permanent lambardar---Validity---Collector had appointed the respondent as permanent lambardar taking into consideration the fact that he had performed his duties as "Sarbrah lambardar" for a long period in accordance with law and was never defaulter in payment of land revenue and also owned 32 Kanals 9 Marlas land in the village, whereas the petitioner having no experience in the relevant field was not suitable---Member, Board of Revenue, had passed the order after affording full opportunity of hearing to the parties after considering merits and demerits of both the candidates for the post---Main thrust of the petitioner that he was more educated than the respondent and as such a better candidate for the post of lambardar, was misconceived, as R.17 of Punjab Land Revenue Rules, 1968 was silent on the subject---Rule 19 of Punjab Land Revenue Rules, 1968 stipulated that for appointment of lambardar the ground of proximity of relationship with late lambardar would be valid when there was nothing to indicate any reason which could have disqualified the successor lambardar to appointment and that under the said Rule power of appointment of lambardar was vested in hierarchy of the Revenue Officers created under Punjab Land Revenue Act, 1968 as revenue officers were better qualified to make a choice as against the court of general jurisdiction regarding appointment of lambardar---Mere fact that the respondent was member of minority community was not a disqualification under Punjab Land Revenue Rules, 1968 because lambardar was not required to perform any religious duty---Respondent's father had also…

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