In a notable verdict, a Haryana Revenue Court has ruled that a woman can hold the post of lambardar (head of revenue matters in a village). A 1909 law prevents women from being appointed ‘lambardars’ because of prevalence of ‘purdah system’ & other social restrictions. With this order, the court has upheld the appointment of Shashi Bala, a resident of Malikpur Khadar village in Haryana’s Yamunanagar district, as ‘lambardar’.
The Revenue Court of Ashok Khemka, financial commissioner, Haryana observed that “Under the Punjab Land Revenue Rules, 1909, a female is not ordinarily eligible to head the village, but the letter of rules framed in 1909 cannot be applied in the present time. The duties of ‘lambardar’ enumerated in the rules of 1909 have undergone a vast change… Women were deliberately ignored in consideration of appointment to the post of ‘lambardar’ earlier. In the present time, with the abolition of purdah system & women making great strides in all walks of public life & human endeavour, the female gender is equally capable of performing duties of a headman".
IKhemka said in his order that “When there is negligible representation of women on the post of lambardar, it becomes a duty to correct the gender bias & advance their cause in conformity with the spirit of Article 15 (3) of the Constitution.”
Khemka, a senior IAS officer who holds the Revenue Courts as financial commissioner, passed the order while dismissing a plea filed by Pardeep Kumar, a resident of Malikpur Khadar village in Yamunanagar.
‘Discretion must in selecting best candidate’
In this case, Pardeep Kumar was appointed ‘lambardar’ (SC category) of Malikpur Khadar village in Yamunanagar district on Aug 11, 2010 by the collector. His appointment was challenged by Shashi Bala. On March 1, 2011, the commissioner set aside Pardeep Kumar’s appointment after re-assessment of relative merits of both the candidates & ordered appointment of Shashi Bala as the ‘lambardar’. Aggrieved from this order, Pardeep had challenged the commissioner’s orders before the financial commissioner’s Court.
While deciding the matter, Khemka noted that the assessment of relative merits of candidates is a subjective opinion & an element of discretion is inevitable in selecting the best candidate for the job.
“In the present case, the Shashi Bala has demonstrated her keen interest by appearing before this court on four dates of hearing. Due to the keen interest demonstrated by Shashi Bala & being a woman, I am inclined to uphold the order of the commissioner appointing her to the post of lambardar (SC category),” he held.
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