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Allahabad High Court

KHUSHABOOversusSTATE OF UP AND 2 OTHERS

Decided

Holding

The petition is disposed of with a direction to Respondent No. 3 to decide the petitioner’s representation within eight weeks.

Summary

The petitioner, Khushaboo, filed a writ petition seeking a mandamus directing Respondent No. 3 to act on his representation dated 18‑08‑2026 concerning a merit list based on his qualifications and income certificate. The petitioner alleged that the representation remained pending. The State’s standing counsel argued that the petition should not be kept pending and that the respondent should be directed to decide the representation within a fixed time. The Court, without expressing any view on the merits, disposed of the petition and ordered Respondent No. 3 to consider and decide the representation expeditiously, preferably within eight weeks of the certified copy of the order, after giving a hearing, provided no other legal impediment exists. The order was signed by Justice Manish Kumar Nigam and digitized by the Registrar.

Issues considered

  • Whether the High Court can issue a mandamus directing a public authority to decide a pending representation within a specified time frame
  • Whether the petition can be disposed of without adjudicating on the merits of the representation

Subjects

  • writ of mandamus
  • public authority
  • representation
  • administrative delay
  • high court
  • expeditious decision

Judgment

    HIGH COURT OF JUDICATURE AT ALLAHABAD
                    WRIT - A No. - 13953 of 2026



Khushaboo
                                                      .....Petitioner(s)
                                Versus

State Of Up And 2 Others
                                                     .....Respondent(s)

Counsel for Petitioner(s)                :   Himanshu Srivastava
Counsel for Respondent(s)                :   C.S.C.

Court No. - 33


           HON'BLE MANISH KUMAR NIGAM, J.

1. Heard learned counsel for the petitioner, learned Standing
Counsel for the State and perused the record.

2. The instant writ petition has been filed for the following relief:

     "A writ order or direction in the nature of mandamus
     directing the respondent no. 3 to take suitable action on the
     representation of the petitioner dated 18-08-2026, and
     prepared the merit list on the basis of petitioner's
     qualification degree as well as Income Certificate dated 12-
     08-2026."

3. Learned counsel for the petitioner submitted that the aforesaid
representation filed by the petitioner on 18.08.2026 before
respondent no. 3, is pending consideration.

4. Learned Standing Counsel has submitted that no useful
purpose would be served in keeping this petition pending and it
would be appropriate to direct the respondent no. 3 to decide the
representation of the petitioner within a time frame as fixed by
this Court.

5. Considering the facts and circumstances of the case, without
expressing any opinion on the merits of the case, the present
                                                                                           WRIA No. 13953 of 2026
                                                                  2


                                        petition stands disposed of finally with a direction to respondent
                                        No. 3 to consider and decide the aforementioned representation of
                                        the petitioner, in accordance with law, expeditiously, preferably
                                        within a period of eight weeks from the date of production of a
                                        certified copy of this order after giving opportunity of hearing to
                                        the parties concerned provided that there is no other legal
                                        impediment.




                                        September 8, 2026                     (Manish Kumar Nigam,J.)
                                        Ved Prakash




Digitally signed by :-
VED PRAKASH SHARMA
High Court of Judicature at Allahabad


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