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2025 DAILYLAW 172488 (ALL)

RANJEET PRASAD v. STATE OF UTTAR PRADESH AND 4 OTHERS

WRIA/13788/2025 · 2025-10-29

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - A No. - 13788 of 2025 Court No. - 32 HON'BLE SAURABH SHYAM SHAMSHERY, J. 1. Heard Sri Ashok Khare, learned Senior Advocate assisted by Sri Mohd. Yasin, learned counsel for petitioner and Sri Santosh Kumar Mishra, learned Standing Counsel for State-Respondents. 2. Petitioner was offered appointment vide order dated 30.06.2025 on the post of Instructor. However, he was not able to produce a Character Certificate since it was refused on ground that admittedly petitioner is facing a criminal case arising out of Case Crime No. 173 of 2018, under Sections 308, 323, 325, 504, 506 IPC, Police Station Nagra, District Ballia. 3. Learned Senior Advocate appearing for petitioner submits that the reason assigned while not providing Character Certificate is not the outcome of due procedure as provided in a very old Government Order dated 28.04.1958. He also placed reliance on a judgment passed by Supreme Court in Avtar Singh vs. Union of India and others (2016)8 SCC 471 that still the claim of petitioner can be considered in the light of conclusions made in para 38 of judgment (38.1 to 38.11). Versus Counsel for Petitioner(s) : Siddharth Khare, Sr. Advocate Counsel for Respondent(s) : C.S.C. Ranjeet Prasad .....Petitioner(s) State Of Uttar Pradesh And 4 Others .....Respondent(s) 4. Learned Standing Counsel appearing for State-Respondents, fairly submits that in case petitioner submits a fresh representation, his grievance will be considered in accordance with law. 5. Considering the above submissions and without entering into merit of case, this writ petition is disposed of with liberty to petitioner to file a fresh representation enclosing all relevant documents on fact as well as on law and in such event the grievance of petitioner will be considered by concerned respondent in the light of judgment passed by Supreme Court in Avtar Singh (supra) as well as this Court’s judgment in Sonu Yadav vs. State of U.P. and others, 2021:AHC:4491. In case of any legal impediment, the same shall be communicated to petitioner within a reasonable period. October 30, 2025 AK WRIA No. 13788 of 2025 2 (Saurabh Shyam Shamshery,J.) Digitally signed by :- AWADESH KUMAR High Court of Judicature at Allahabad