Allahabad High Court
RAJA BABUversusSTATE OF U.P. AND 3 OTHERS
- Decided
Holding
The order rejecting the petitioner’s character certificate application is set aside as it was passed without applying the mind and without adhering to the Anil Kumar guidelines.
Summary
The petitioner challenged the authority's order rejecting his application for a character certificate, alleging that the order was passed without applying the mind and ignored the guidelines laid down by this Court in Anil Kumar v. State of U.P. (Writ‑C No.718 of 2025). The respondents argued that a cogent reason was recorded and the order was lawful. The Court held that the rejecting order indeed failed to consider the Anil Kumar guidelines and was therefore unsustainable. Consequently, the order was set aside and the matter remitted to the Senior Superintendent of Police, Bareilly, to reconsider the certificate in accordance with the guidelines within one month. The writ petition was allowed without any order as to costs, with a cautionary note that concealment of facts by the petitioner could invite a recall application.
Issues considered
- Whether the order rejecting the petitioner’s application for a character certificate was passed without application of mind and in violation of the guidelines laid down in Anil Kumar v. State of U.P.
- Whether such an order can be set aside by the High Court.
Subjects
- character certificate
- application of mind
- writ petition
- administrative law
- guidelines
- set aside
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - C No. - 10466 of 2026
Raja Babu
.....Petitioner(s)
Versus
State Of U.P. And 3 Others
.....Respondent(s)
Counsel for Petitioner(s) : Kalp Dev Mishra, Suneel
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 rejecting the application of the petitioner
for issuance of the character certificate by the respondents-authority has approached
this Court by means of the present writ petition.
3. Challenging the aforesaid order, learned counsel for the petitioner has contended
that said 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 rejecting 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 certificate of
the petitioner.
6. In such view of the fact, the order rejecting the online application of the petitioner
for issuance of character certificate cannot be sustained, and is accordingly set aside.
WRIC No. 10466 of 2026
2
7. The matter is remitted to the respondent No.2-Senior Superintendent of Police
District Bareilly to consider the issuance of the character certificate to the petitioner 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
Arif
(Sudhanshu Chauhan,J.) (Saral Srivastava,J.)
Digitally signed by :-
MOHAMMAD ARIF
High Court of Judicature at Allahabad
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