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Allahabad High Court

BRAHMCHARINI DR. REKHA JAINversusSTATE OF UTTAR PRADESH AND 3 OTHERS

Decided

Holding

The Court may issue a mandamus directing the Commission to decide the representation within eight weeks, without deciding the merits of the case.

Summary

Petitioner Dr. Rekha Jain filed a writ petition seeking a mandamus directing the Chairperson of the Uttar Pradesh State Commission for Women to decide a representation filed on 01‑09‑2025. The petitioner alleged that despite filing the representation, no decision had been taken, causing undue delay. The respondents argued that there was no objection to the direction. The Court examined whether it could issue a writ of mandamus to compel the Commission to act within a reasonable time. It held that the Court could direct the Commission to decide the matter expeditiously, without adjudicating the merits. Accordingly, the petition was disposed by ordering the Chairperson to pass an order within eight weeks of the certified copy of the judgment.

Issues considered

  • Whether the High Court can issue a writ of mandamus directing the State Commission for Women to decide a pending representation within a stipulated time

Subjects

  • writ of mandamus
  • administrative law
  • State Commission for Women
  • delay in decision
  • expeditious relief

Judgment

         HIGH COURT OF JUDICATURE AT ALLAHABAD
                         WRIT - C No. - 4197 of 2026

Brahmcharini Dr. Rekha Jain
                                                             .....Petitioner(s)
                                   Versus

State Of Uttar Pradesh And 3 Others
                                                           .....Respondent(s)

Counsel for Petitioner(s)             :   Anup Shukla, Devansh Misra
Counsel for Respondent(s)             :   C.S.C.

Court No. - 4
                   HON'BLE NEERAJ TIWARI, J.
                   HON'BLE GARIMA PRASHAD, J.

1. Heard learned counsel for the petitioner and learned standing counsel
for State-respondents.

2. Present petition has been filed seeking following substantial relief:-

"A). Issue a writ, order or direction in the nature of mandamus directing
the Respondent No.2 - Chairperson, Uttar Pradesh State Commission for
Women to decide the complaint dated 01.09.2025 filed by the Petitioner
in an expeditious manner."

3. Learned counsel for the petitioner submitted that for redressal of his
grievance, petitioner has filed representation dated 01.09.2025 before
respondent No.2- Chairperson, Uttar Pradesh State Commission for
Women, but till date no decision has been taken. Lastly, it is submitted
that a direction may be issued to respondent No.2 to decide the aforesaid
representation within a stipulated time, for which learned standing
counsel has no objection.

4. In view of the facts and circumstances of the case, the writ petition is
disposed of directing respondent No. 2 to decide the representation of the
petitioner dated 01.09.2025 in accordance with law maximum within
period of eight weeks from the date of submission of certified copy of this
order.

5. It is made clear that this Court has not adjudicated the case on merits. It
                                                                                          WRIC No. 4197 of 2026
                                                                  2


                                    is upon respondent No.2 to pass order after considering the relevant Rules
                                    as well as facts of the case.



                                                                      (Garima Prashad,J.) (Neeraj Tiwari,J.)
                                    March 19, 2026
                                    Sachin Mishra




Digitally signed by :-
SACHIN MISHRA
High Court of Judicature at Allahabad


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