Allahabad HC Summons Senior UP Official Over Prolonged Vacancy at Minorities Commission
The Lucknow Bench has directed the Additional Chief Secretary, Minorities Welfare to appear personally after the UP government failed to nominate the Minorities Commission's Chairman and Members even after the previous tenure lapsed in 2024.
A Division Bench of the Allahabad High Court at Lucknow has directed the Additional Chief Secretary, Minorities Welfare Department, Government of Uttar Pradesh, to appear personally on 20 July 2026 and explain why the Chairman and Members of the Uttar Pradesh Commission for Minorities have not been nominated despite the previous Commission's tenure having ended in 2024. The order, passed on 6 July 2026 by Justice Rajan Roy and Justice Manjive Shukla, also requires the officer to explain why no written instructions were furnished to the State Counsel throughout the course of this PIL. The bench described the State's conduct as “highly disrespectful” of an earlier order passed by the Co-ordinate Bench on 24 April 2026.
The PIL and What It Seeks
The PIL, numbered PIL No. 34 of 2025, was filed by petitioner Shams Tabrez through counsel Shamsher Yadav Jagrana. The petition asks the court to direct the respondents — the State of UP through the Additional Chief Secretary, Minorities Welfare Department — to take appropriate and effective action to appoint the Chairman and Members of the Uttar Pradesh Commission for Minorities.
The matter was first listed before a bench led by Chief Justice Arun Bhansali on 17 January 2025. On that date, Standing Counsel sought time to obtain instructions, and the matter was adjourned to 10 February 2025.
State's Position Over Successive Hearings
When the matter came up before Chief Justice Arun Bhansali and Justice Jaspreet Singh on 24 April 2026, the State counsel produced instructions dated 4 February 2025 — prepared over fourteen months earlier — which merely stated that “the proceedings for nomination of the Chairman and Members of the Minorities Commission are under process.”
Even on that April date, the State counsel informed the bench that instructions sought the previous day reflected the same position: nominations remained under process. The bench of Chief Justice Bhansali and Justice Jaspreet Singh recorded that the previous Commission's tenure had ended in 2024 and that the apparent inaction was “writ large.” Standing Counsel was granted time to ensure that proper written instructions on the current status of proceedings would be placed before the court on the next date. The matter was then listed for 13 May 2026.
Bench's Finding on 6 July 2026
When the matter came before Justice Rajan Roy and Justice Manjive Shukla on 6 July 2026, the State Counsel could offer only oral instructions to the effect that the nomination process was still ongoing. No written instructions had been provided.
The bench was direct in its assessment. It held that relying solely on oral instructions — and providing no written record whatsoever — was disrespectful of the 24 April 2026 order, which had itself recorded the State's inaction in clear terms. The bench observed that despite the strong language used in the Co-ordinate Bench's order, the position had not changed: neither written instructions nor any nomination had been forthcoming.
The bench framed the issue around two distinct failures on the State's part: the continued absence of any nomination to the Minorities Commission, and the failure to place written instructions before the State Counsel at any hearing since April 2026.
Direction for Personal Appearance
Declining to accept any further oral representations, the bench directed that the Additional Chief Secretary, Minorities Welfare Department, UP Government, Civil Secretariat, Lucknow appear before the court on 20 July 2026. The officer is required to submit a personal explanation on two points: why nominations to the Commission have not been made, and why written instructions were never provided to the State Counsel.
The bench added a contingency: if the post of Additional Chief Secretary is vacant, the Principal Secretary holding charge shall appear instead on 20 July 2026. The State Counsel was directed to ensure compliance with this order.
Order
The Division Bench of Justice Rajan Roy and Justice Manjive Shukla, sitting at the Lucknow Bench of the Allahabad High Court, directed the Additional Chief Secretary (or, in the alternative, the Principal Secretary), Minorities Welfare Department, UP Government to appear personally on 20 July 2026. The officer must explain the continued failure to nominate the Chairman and Members of the Uttar Pradesh Commission for Minorities and the absence of written instructions to State Counsel. PIL No. 34 of 2025 is listed as fresh on 20 July 2026.