Mere recommendations in the selection process do not confer a right to appointment; the state exercises discretion in final appointments based on administrative necessity.

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 Chairperson and Members of the PSHRC and the same has been reproduced below:-

Section 22 of the PHR Act 1993

“22. Appointment of Chairperson and Members of State Commission.-

(1) The Chairperson and Members shall be appointed by the Governor by warrant under his hand and seal:

Provided that every appointment under this sub-section shall be made after obtaining the recommendation of a Committee consisting of,-

(a) the Chief Minister - Chairperson;

(b) Speaker of the Legislative Assembly - Member,

(c) Minister in-charge of the Department of Home in that State -Member,

d) Leader of the Opposition in the Legislative Assembly - Member."

3. As per the aforesaid provisions of law, the appointment of Chairperson or the member is made on the recommendations of the Selection Committee. He further contended that vide advertisement No.DPR-/PB/ 18140 dated 29.10.2022 (Annexure P-1), the Government of Punjab invited the applications from various individuals for the post of Member (Non-Judicial) in the PSHRC. The petitioner, being a social-welfare oriented person, duly applied for the said post on 11.01.2023. The meeting of Selection Committee consisting of Chief Minister, Punjab, Home Minister, Speaker of Legislative Assembly and Leader of Opposition was held for scrutinizing the applications for the post of the Member (Non- Judicial) at the residence of Chief Minister, Punjab. As per the knowledge of the petitioner, the file of the petitioner was sent to higher authorities on 07.08.2023 for further action. The petitioner also came to know that the police verification was conducted on 10.09.2024 and he had a reason to believe that he had been selected for the post of Member (Non-Judicial) PSHRC. However, the formal notification under the warrant and seal of the Governor of Punjab did not arrive even after the lapse of reasonable time period. The petitioner also made inquiries through the RTI Act with regard to the status of selection process, however, he was intimated that the matter was “under process” and the information would be shared once finalized. The petitioner filed an appeal under the Right to Information Act and the appellate authority also declined to disclose any further information, by referring to the provision of Section 8(1)(i) of the Right to Information Act. Even, the firs