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2025 DAILYLAW 188100 (ALL)

ANURAG KHATIK v. THE STATE OF U.P. AND 7 OTHERS

WRIA/15859/2025 · 2025-10-28

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Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - A No. - 15859 of 2025 Court No. - 34 HON'BLE VIKAS BUDHWAR, J. 1. Heard Sri Rishabh Kesarwani, learned counsel for the petitioner and Sri Pramod Kumar Srivastava, learned Additional Chief Standing Counsel, who appears for State-respondents. 2. The case of the writ petitioner is that an advertisement came to be published on 23.12.2023 for recruitment on the post of police constables, the writ petitioner claims to have applied under S.C. (Male) Category, written examination was held on 23/24/25/30/31.08.2024 and the writ petitioner qualified the same and thereafter documents verification and Physical Standard Test (DV/PST) was to be conduced on 27.01.2025, according to the writ petitioner, the character verification has not been done. He submits that the writ petitioner has been inflicted with a criminal case being FIR No. 0312 of 2024, under Section 115(2)/ 352/ 351(3)/324(4) BNSS 2023. Submission is that in view of the Government order dated 28.04.1958. There are certain guidelines according to which character verification is to be done and merely because an applicant/ candidate has been convicted would not ipso facto be a ground to forestall his selection/ appointment as a conscious decision is to be taken by the appointing authority. He seeks to rely upon the Hon'ble Apex Court judgment in Avtar Singh v. Union of India and others reported in 2016 (8) SCC 471. 3. Prayer in the present petition is for a direction to the respondents to consider his claim. 4. Learned Standing Counsel submits that a suitable decision will be taken with regard to the character verification of the writ petitioner. Versus Counsel for Petitioner(s) : Rishabh Kesarwani Counsel for Respondent(s) : C.S.C. Anurag Khatik .....Petitioner(s) The State Of U.P. And 7 Others .....Respondent(s) 5. To such a submission, learned counsel for the petitioner has no objection and he gracefully accepts the same. 6. Considering the submissions of the rival parties as well as stand taken by them, the writ petition is being disposed off granting liberty to the writ petitioner to prefer a comprehensive representation along with the self- attested copy of the writ petition before the seventh respondent, The Senior Superintendent of Police, District Jhansi, who shall on the receipt of the same by 07.11.2025, proceed to decide the claim of the petitioner strictly in accordance with law within a period of two months from the date of presentation of the certified copy of the order. 7. Needless to point out that the writ petition has been decided without seeking any response from the respondents. Thus, passing of this order may not be construed to an expression that this Court has gone into the merits of the case. 8. With the aforesaid observation, the writ petition is disposed off. October 29, 2025 A. Prajapati WRIA No. 15859 of 2025 2 (Vikas Budhwar,J.) Digitally signed by :- ASHUTOSH KUMAR PRAJAPATI High Court of Judicature at Allahabad