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Neutral Citation No. - 2025:AHC:89675 Court No. - 4 Case :- WRIT - A No. - 6595 of 2025 Petitioner :- Shivam Gautam Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Durvesh Kumar Counsel for Respondent :- C.S.C. Hon'ble Ajit Kumar,J.
1. Heard learned counsel for the petitioner as well as learned Standing Counsel.
2. By means of this petition filed under Article 226 of the Constitution, petitioner wants a direction to the respondents not to reject the candidature of the petitioner for appointment as Constable in Civil Police only for the reason there is a criminal case registered against him.
3. Upon a pointed query being made as to whether appointment orders have been issued, learned counsel for the petitioner submits that petitioner though has been placed in the select list but he has the apprehension that police verification report will not come in his favour on account of pending criminal case and accordingly his case is liable to be considered in the light of law laid down by Supreme Court in Avtar Singh v. Union of India & Ors, (2016) 8 SCC 471.
4. Sri Kumar, however, submits that till date appointment process has yet not been initiated by the respondents.
5. In view of the above, while the appointment process has yet not been initiated, I consider the petition to be premature at this stage. However. liberty rests with the petitioner to apply before this Court again after the appointment process is initiated ignoring petitioner's candidature by the appointing authority.
6. In view of the above, this petition is hereby dismissed as premature with liberty aforesaid. Order Date :- 20.5.2025 Deepika Digitally signed by :- DEEPIKA SINGH High Court of Judicature at Allahabad