The Allahabad High Court has set aside an order rejecting Ravi Kumar Gupta’s candidature for the post of Uttar Pradesh Police Constable because a criminal case was pending against him. Justice Manish Kumar Nigam held that the rejection order could not stand because the authorities had failed to independently assess the nature of the allegations and the circumstances of the case.
The Court allowed Gupta’s writ petition and directed the authorities to reconsider his candidature in accordance with the applicable government orders and judicial precedents.
Background
Gupta applied for the UP Police Constable recruitment process in 2023. After clearing the written examination, document verification, physical standard test and medical examination, he was selected and allotted Prayagraj for his Joint Training Course.
During character verification, Gupta disclosed a pending criminal case registered in 2022 at Dubhar Police Station in Ballia district. A chargesheet had been filed, but the criminal trial remained pending. The authorities subsequently refused to permit him to join training.
On November 25, 2025, the Deputy Commissioner of Police, Headquarters, Prayagraj, rejected his candidature, relying on the Director General of Police’s instructions dated April 5, 2025, and the Government Order dated April 28, 1958.
Gupta challenged the decision, arguing that he had disclosed the case and that its mere pendency did not automatically make him unsuitable for appointment.
The High Court examined Rule 16 of the Uttar Pradesh Police Constable and Head Constable Service Rules, 2015, along with the government order governing character verification. It also considered the Supreme Court’s ruling in Avtar Singh v. Union of India, which explains how employers should assess criminal antecedents during recruitment.
The Court noted that the First Information Report contained general allegations and did not assign Gupta a specific role. It further observed that the authorities had relied on the recommendations of the District Magistrate and Superintendent of Police without independently examining the relevant circumstances.
The Court observed:
“This Court is of the considered opinion that the order impugned cannot be sustained.”
Justice Nigam emphasised that the appointing authority must apply its mind to the facts of the individual case rather than reject a candidate solely on the basis of a pending criminal proceeding.
The High Court allowed the writ petition and set aside the order dated November 25, 2025, rejecting Gupta’s candidature.
It directed the Deputy Commissioner of Police, Headquarters, Prayagraj, to pass a fresh order after reconsidering the matter in light of the Court’s observations and the relevant Supreme Court judgments.
The authority was directed to complete the reconsideration expeditiously, preferably within two months from the date of production of a certified copy of the order.
Case Details
- Case Title: Ravi Kumar Gupta v. State of U.P. and 5 Others
- Case Number: Writ-A No. 711 of 2026
- Judge: Justice Manish Kumar Nigam
- Decision Date: September 28, 2026
