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2026 Supreme(Online)(P&H) 3162

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
N.S. SHEKHAWAT, J
Birendra Singh Rawat – Appellant
Versus
State of Punjab and another – Respondent


Advocates:
For the Appellants/Petitioners:Mr. Naveen Bhardwaj, Advocate, Mr. Kishore Bhardwaj, Advocate, Ms. Nishtha, Advocate
For the Respondents: Mr. Animesh Sharma, Addl. A.G., Punjab

1. The petitioner has filed the present petition with a prayer to issue a writ in the nature of certiorari for quashing the impugned advertisement DPR/PB/2668/12/2025-26/657 (Annexure P-7), whereby, the respondents had invited fresh applications for appointment to the post of Member, Punjab State Human Rights Commission (hereinafter to be referred to as ‘PSHRC’) as the duly constituted Selection Committee had already recommended the name of the petitioner for the said post in pursuance of an advertisement No. DPR/PB/18140 dated 29.10.2022 (Annexure P-1) and the Government had neither rejected nor accepted the said recommendations. A further prayer was made to issue a writ in the nature of mandamus directing the respondents to finalize the appointment process already initiated vide advertisement dated 29.10.2022 (Annexure P- 1) for the post of Member, PSHRC and to offer appointment to him forthwith.

2. Learned counsel for the petitioner vehemently argued that the PSHRC was constituted under Section 21 of the Protection of Human Rights Act 1993 (hereinafter to be referred to as ‘the PHR Act 1993’. Still further, Section 22 of the PHR Act 1993 deals with the appointment of the Chairp

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