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Allahabad High Court

ANAND KUMAR SINGHversusSTATE OF U.P. AND 3 OTHERS

Decided

Holding

The order rejecting the character certificate was set aside as it was passed without applying mind and without adhering to the Court's guidelines.

Summary

Anand Kumar Singh applied for a character certificate, which was rejected by the competent authority on 06.08.2025. He filed a writ petition challenging the order, alleging it was passed without applying mind and in violation of the guidelines laid down by this Court in Anil Kumar v. State of U.P. (Writ‑C No.718 of 2025). The respondents contended that a cogent reason was recorded and the order was lawful. The Court held that the authority had indeed failed to consider the prescribed guidelines and therefore the rejection was illegal. Consequently, the order was set aside and the matter was remitted to the Commissioner of Police, Varanasi to reconsider the application in accordance with the guidelines within one month. The writ petition was allowed without any order as to costs, with a proviso that the respondents may seek recall if any concealment by the petitioner is discovered.

Issues considered

  • Whether the order rejecting the petitioner's application for a character certificate was passed without applying mind and in breach of the guidelines laid down in Anil Kumar v. State of U.P.
  • Whether such an order can be set aside and the matter remitted for fresh consideration.

Subjects

  • character certificate
  • application of mind
  • writ petition
  • set aside
  • guidelines
  • Police
  • Uttar Pradesh

Judgment

         HIGH COURT OF JUDICATURE AT ALLAHABAD

                       WRIT - C No. - 10455 of 2026

Anand Kumar Singh
                                                               .....Petitioner(s)
                                   Versus
State Of U.P. And 3 Others
                                                            .....Respondent(s)

Counsel for Petitioner(s)        : Aushim Luthra, Surya Pratap Singh,
                                   Utkarshni Singh
Counsel for Respondent(s)        : C.S.C.

Court No. - 40
                 HON'BLE SARAL SRIVASTAVA, J.
                 HON'BLE SUDHANSHU CHAUHAN, J.

1. Heard learned counsel for the petitioner and learned Standing Counsel for
State-respondents.

2. The petitioner being aggrieved by order dated 06.08.2025 passed by the
respondent no.3 rejecting the application of the petitioner for issuance of the
character certificate has approached this Court by means of the present writ
petition.

3. Challenging the aforesaid order, learned counsel for the petitioner has
contended that impugned order has been passed without application of mind
inasmuch as it has failed to consider the guidelines laid down by this Court
in bunch of writ petitions leading of which is Writ-C No.718 of 2025 (Anil
Kumar Vs. State of U.P. Thru. Addl. Chief Secy. Deptt. Of Home Lko. &
Others). Accordingly, it is submitted that the order rejecting the character
certificate of the petitioner cannot be sustained in law.

4. Per contra, learned Standing Counsel would contend that while rejecting
the character certificate, cogent reason has been recorded by the competent
authority, and therefore, there is no illegality in the order rejecting the
character certificate of the petitioner.

5. Be that as it may, it is evident that the order rejecting the character
certificate of the petitioner has been passed without application of mind.
This Court in the case of Anil Kumar (supra) has laid down the guidelines
which has to be adhered to by the competent authority before considering the
application of character certificate whereas in the instant case, the
respondent-authority has not considered the guidelines laid down by this
Court in the case of Anil Kumar (supra) while rejecting the character
                                                                                              WRIC No. 10455 of 2026
                                                                     2

                                    certificate of the petitioner.

                                    6. In such view of the fact, the order rejecting the application of the
                                    petitioner for issuance of character certificate cannot be sustained in law and
                                    is, accordingly, set aside.

                                    7. The matter is remitted to the respondent No.2-Commissioner of Police,
                                    Commissionerate Varanasi to consider the claim of petitioner for issuance of
                                    character certificate in the light of the guidelines laid down by this Court in
                                    the case of Anil Kumar (supra) within a period of one month from the date
                                    of production of certified copy of this order.

                                    8. Thus, for the reasons given above, the writ petition is allowed with no
                                    order as to costs.

                                    9. It is made clear that if there is any concealment of fact by the petitioner in
                                    obtaining the present order, the respondents shall have the liberty to file
                                    recall application to recall the said order.

                                    March 19, 2026
                                    NS
                                                                 (Sudhanshu Chauhan,J.) (Saral Srivastava,J.)




Digitally signed by :-
NITIN KUMAR
High Court of Judicature at Allahabad


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