Davinder Kumar and Others Vs State of… — Writ and Judicial Review | Punjab & Haryana HC (2026)

Davinder Kumar and Others Vs State of… — Writ and Judicial Review | Punjab & Haryana HC (2026)

What the court decided

AI extract

Outcome

Respondent No.2 directed to consider and decide legal notice dated 15.12.2025 (Annexure P-15) submitted by the petitioners expeditiously, by passing a speaking order after affording an opportunity of hearing to the petitioners, preferably within 04 months from receipt of certified copy of this order; the decision taken thereon to be conveyed to the petitioners.

Issue for consideration

Whether a writ of certiorari should be issued quashing the list dated 28.10.2018 (Annexure P-7) and the Advertisement dated 06.08.2025 (Annexure P-13). +2 more

Ratio / Principle

Without going into the merits of the case at this stage, the petition is disposed of with a direction to respondent No.2 to consider and decide legal notice dated 15.12.2025 (Annexure P-15) submitted by the petitioners.

Key takeaways

The legal notice dated 15.12.2025 is to be decided expeditiously by passing a speaking order after affording the petitioners an opportunity of hearing, preferably within a period of 04 months from the date of receipt of certified copy of this order.ratio¶18

Detailed headnote1 paragraphs

Writ Petitions — Disposal without merits — Direction to decide pending representation: Punjab & Haryana High Court (Hon'ble Mr. Justice Namit Kumar, Oral), in CWP-18004-2026 (Davinder Kumar and others v. State of Punjab and others), a petition under Articles 226/227 of the Constitution of India seeking quashing of the list dated 28.10.2018 (Annexure P-7) and Advertisement dated 06.08.2025 (Annexure P-13) by certiorari, and allotment of vacant posts by mandamus, was disposed of without going into the merits, since the petitioners' legal notice dated 15.12.2025 (Annexure P-15) remained pending. Respondent No.2 was directed to consider and decide that legal notice expeditiously by passing a speaking order after affording the petitioners an opportunity of hearing, preferably within 04 months from receipt of certified copy of the order, and to convey the decision taken to the petitioners.

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

155

CWP-18004-2026 Date of decision : 29.05.2026

Davinder Kumar and others ....Petitioner

Versus

State of Punjab and others ...Respondents

CORAM: HON'BLE MR. JUSTICE NAMIT KUMAR

Present: Mr. Harkaran Singh, Advocate for the petitioner.

NAMIT KUMAR J. (Oral)

The present petition has been filed by the petitioners under Articles 226/227 of the Constitution of India, seeking issuance of a writ of certiorari for quashing the list dated 28.10.2018 (Annexure P-7) and Advertisement dated 06.08.2025 (Annexure P-13). Further, seeking issuance of a writ of mandamus directing respondents No.1 & 2 to consider the claim of the petitioners and give vacant post to them vide Annexures P-13 and P-1.

Learned counsel for the petitioners submits that for redressal of their grievances, the petitioners have also served legal notice dated 15.12.2025 (Annexure P-15) to the respondents which is still pending consideration. He further submits that at this stage, the petitioners would be satisfied, if appropriate directions are issued to the respondents to consider and decide the said legal notice, by passing a speaking order, in a time bound manner.

Notice of motion restricted to respondents No.1 to 3 only at this stage.

VINOD KOTHIYAL 2026.05.29 18:27 I attest to the accuracy and authenticity of this document

-2-

CWP-18004-2026

Mr. Swapan Shorey, D.A.G., Punjab accepts notice on behalf of respondents No.1 to 3. He has no objection to the innocuous prayer made by learned counsel for the petitioners.

I have heard learned counsel for the parties and have gone through the record of the case.

Without going into the merits of the case at this stage, the present petition is disposed of with a direction to respondent No.2 to consider and decide legal notice dated 15.12.2025 (Annexure P-15) submitted by the petitioners expeditiously, by passing a speaking order after affording an opportunity of hearing to the petitioners, preferably within a period of 04 months from the date of receipt of certified copy of this order. Further, the decision taken thereon shall be conveyed to

the petitioners.

(NAMIT KUMAR) 29.05.2026 JUDGE kothiyal Whether speaking/reasoned: Yes/No Whether reportable: Yes/No

VINOD KOTHIYAL 2026.05.29 18:27 I attest to the accuracy and authenticity of this document