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2025 DAILYLAW 92633 (ALL)

SHUBHAM KUMAR GOND v. STATE OF U.P. AND 3 OTHERS

WRIA/13276/2025 · 2025-09-07

Ajit Kumar

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - A No. - 13276 of 2025 Court No. - 4 HON'BLE AJIT KUMAR, J. 1. Heard learned counsel for petitioner and learned Standing Counsel. 2. By means of this petition filed under Article 226 of the Constitution petitioner has prayed for following reliefs: "i) Issue a writ, order or direction, in the nature of certiorari, quashing the impugned order dated 04.08.2025 passed by respondent No. 4/ Superintendent of Police, Pratapgarh, District Pratapgarh, by which the candidature/ selection of the petitioner has been rejected for the Constable in Civil Police (U.P.), pursuant to the Advertisement Director Recruitment-2023 dated 23.12.2023 (Annexure No. 1 to the writ petition). i) Issue a writ, order or direction, in the nature of mandamus, commanding/ directing the Respondents to consider the candidature/ selection of the petitioner on the post of Constable in Civil Police (U.P.), pursuant to the Advertisement Director Recruitment- 2023 dated 23.12.2023 issued by the Respondent no. 2." 3. Learned counsel for petitioner submits that petitioner was minor when he was implicated in the criminal case and now final report has been submitted it is further submitted that the claim of the petitioner stands covered by the judgment of the Division Bench of this Court in the matter of Shivam Maurya v. State of U.P. and others 2020 ADJ Page No. 6(DB) and hence, the claim of the petitioner can be directed to be disposed of in terms of the law laid down by the Division Bench of this Court in the case of Shivam Maurya (supra). 4. Learned Standing Counsel does not have any objection. 5. In view of the above this petition stands disposed of with the direction to the concerned respondent to take a final decision in the matter inviting character certificate from District Magistrate concerned as only non-cognizable report is claimed to have been registered against the petitioner. Appropriate decision shall be Versus Counsel for Petitioner(s) : Arun Kumar, Birendra Kumar Gautam Counsel for Respondent(s) : C.S.C. Shubham Kumar Gond .....Petitioner(s) State Of U.P. And 3 Others .....Respondent(s) taken. A direction is issued in the matter of grant of character certificate within four weeks from the date of production of certified copy of this order. It is made clear that District Magistrate concerned shall issue character certificate after verifying records. Upon receiving the character certificate if granted, a decision shall be taken within a period of four weeks and upon the same concerned competent respondent nos. 2/3/ 4 shall take further action within a further two weeks. September 8, 2025 IrfanUddin WRIA No. 13276 of 2025 2 (Ajit Kumar,J.) Digitally signed by :- IRFAN UDDIN SIDDIKI High Court of Judicature at Allahabad