IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH

207 Date of decision: 08.04.2026 Jagdish Kaur .....Petitioner Versus The State of Punjab and others .....Respondents CORAM: HON'BLE MR. JUSTICE NAMIT KUMAR Present : Mr. Ajun Sawhni, Advocate for Mr. Manu K. Bhandari, Advocate for the petitioner.

Mr. Surya Kumar, AAG, Punjab.

Mr. H.S. Jugait, Advocate for respondents No.3 to 5.

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NAMIT KUMAR, J. (ORAL)

1. The instant petition has been filed by the petitioner under Article 226 of the Constitution of India, seeking a writ of certiorari for quashing the order dated 02.11.2017 (Annexure P-4), whereby the private respondents have been ordered to be promoted to the posts of Clerk. Further, a writ of mandamus has been sought for directing the respondents to take the type test as prescribed, vide letter dated 23.12.2014 (Annexure P-2) of all the candidates together and further, the respondents may be directed to conduct the type test in a fair and transparent manner by videographing the same.

2. Notice of motion in the present case was issued on

18.09.2018 by passing the following order:-

“The petitioner, who is serving on Class IV post, undertook the computer typing test in English and Punjabi conducted on 23.10.2017 by the ADGP (Jails), Punjab (respondent No.2) for promotion to the post of Clerks.

The allegation is that respondents No.3 to 5 out of 8, who appeared, were separated from the group and were declared pass, whereas it is alleged that they do not know any typing. The petitioners are ready and willing to deposit any amount as costs before this Court in case their allegations are found to be false. Notice of motion for 12.11.2018.

Dasti as well.

On the asking of the Court, Mrs. Anu Chatrath Kapoor, Addl. AG, Punjab accepts notice on behalf of respondents No.1 and 2.

Learned counsel for the petitioner undertakes to furnish requisite number of copies of the paper book to the State counsel during the course of the day.”

3. Learned counsel for the petitioner has reiterated the contentions as noted in the above-said order.

4. Written statement by way of affidavit of Lakhminder Singh Jakhar, Deputy Inspector General of Prisons, Punjab, on behalf of respondents No.1 and 2 has been filed, whereby it has been stated as under:-

“3. That the office of deponent conducted Punjabi and English typing test wherein petitioner alongwith other candidates participated on 23-10-2017. It is submitted that for the aforementioned typing test, total 13 candidates were called for 11-10-2017 which was postponed for 23- 10-2017 due to administrative reasons. In this regard, intimation was given to all the aforementioned candidates. On 23-10-2017, total 10 candidates had appeared. Aforesaid typing test was conducted in the Head office, Jail Department, Punjab Chandigarh by the committee comprising of Sh. Roop Kumar, Inspector General of Prisons, Sh. Baldev Singh (Representative of Assistant Director, Department of Language, Hindi and Punjabi Cell, Mini Secretariat, Sector 9, Punjab, Chandigarh), Sh. Manjit Singh Kalra, Chief Welfare Officer, Jail Department, Punjab, Chandigarh. On the aforementioned date, petitioner alongwith other candidates appeared and test was conducted in transparent and fair manner. It is pertinent to mention here that the English and Punjabi pages which were to be typed by the candidates appearing in the test, were prepared by the official of Language Department (which is not under the administrative control of the office of deponent). Further, answer/typing sheets were also checked and result was also prepared by Sh. Baldev Singh (Representative of Assistant Director, Department of Language, Hindi and Punjabi Cell, Mini Secretariat, Sector 9, Punjab, Chandigarh). Thereafter, on 03.11.2017, the result was declared and only four candidates were declared to have passed the test. It is further submitted that the said typing test was conducted as per the instructions and rules notified by the Government of Punjab.

However, the petitioner failed