Allahabad High Court

: Akhilesh Kumar Tripathi, Atipriya Gautam, Shyam Sharan Shrivastava, Sr. Advocate Counsel for Respondent(s) : C.S.C. Court No. - 4 HON'BLE AJIT KUMAR, J.

1. Heard Sri Vijay Gautam, learned Senior Advocate assisted by Sri Shyam Saran Srivastava, learned counsel for the petitioner and learned Standing Counsel for the State respondents.

2. Petitioner is aggrieved by the order dated 30th August, 2025 passed by the Deputy Commissioner of Police, Headquarter, Gautam Buddh Nagar, whereby candidature of the petitioner for appointment on the post of constable has been rejected only on the ground that upon investigation being conducted in the matter of petitioner’s primary education from class 3 to 5 in R.G.S. Public School Azadnagar, Gudau, Firozabad, in the scholar register there was found whitener and petitioner's name did not figure in the roll of student that too not maintained in alphabetical order, inasmuch as the date of birth recorded in the aadhar card of the petitioner was found different from the one recorded in his other official documents including high school certificate.

3. It is argued by learned counsel for the petitioner that for the purposes of date of birth high school certificate is the only document that is approved by the State Government and, therefore, if any other date of birth is recorded in any other document including the aadhar, it could not have in any manner affected candidature of the petitioner.

4. It is argued further that even in police recruitment rule there is no such rules which may require petitioner to furnish certificates or mark-sheets of primary education/ primary school where a candidate has in support of the date of birth his high school certificate. It is also argued that the date of birth in service record is, therefore, recorded only on the basis of the high school certificate.

5. It is also argued by learned Senior Advocate that if the school scholar register contains whitener in front of name of candidates and the 2 WRIA No. 14063 of 2025 candidates list was not prepared in the alphabetical order in the scholar register, it is the school who is to be blamed and not the candidate. It is argued that the report in any manner does not disclose that in its verification that petitioner’s name was not found to be recorded in the scholar register.

6. It is further contended that even the scholar register of class III to class V, as a matter of fact, ought not to have been mattered in police verification and the proper course for the officer concerned conducting investigation for the purposes of verification, was to have examined the scholar register of the school from where the petitioner had passed out his high school examination. He has also taken the Court to the high school certificate brought on record that was issued on 17th May, 2015 by Board of High School and Intermediate Education, U.P. for High School Examination-2015 in which date of birth of the petitioner is recorded as 5th July, 2000. It is also argued by learned Senior Advocate appearing for the petitioner that police verification report does not in any manner doubt the name of the father and mother of the petitioner.

7. Learned Standing Counsel on the contrary submits that in the police verification report the entire records of the candidate relating to his academic qualification and the school from where he pursued, is checked and verified and therefore, the verification report should not be questioned. However, he could not dispute that the high school examination marksheet would matter for the purposes of determination of date of birth of a candidate. He also does not dispute that the name of the father and mother of petitioner given in the high school certificate are not in any manner different from his aadhar card.

8. Having heard learned counsel for the respective parties and having perused the records, I find that police verification report simply mentions that the date of birth of the petitioner is different in different marksheets and transfer certificates of class III to class V and that in R.G.S. Public School Azadnagar, Gudau, Firozabad, there is a whitener in front of names of the students in the scholar register inasmuch as petitioner's name in different school was not found to be there in not alphabetically maintained scholar register. However, the report does not in any manner mentions the name of the school namely, S.G.D.S.I.C. Sadashukh, K. Kupa, Firozabad, from where the petitioner passed out his high school examination, inasmuch as the report also does not doubt the high school certificate of the petitioner issued by the Board of High School and Intermediate Education, Uttar Pradesh.

9. In my considered view, in matters of police verification where the date of birth seems to be doubtful, the authority ought to have proceeded to get the high school certificate of a candidate verified from the board which had issued the high school certificate. Having not done so, the police verification report cannot be held to be justified one. Petitioner has 3 WRIA No. 14063 of 2025 brought the high school certificate on record which shows that he has passed out the high school examination as a regular student after pursuing his studies at S.G.D.S.I.C. Sadashukh, K. Kupa, Firozabad. The report also does not indicate in any manner that it is because of the difference of date of birth in the primary mark-sheets or transfer certificates, it would have any bearing upon the date of birth recorded in the high school certificate.

10. It is a settled legal position that for the purpose of government service a candidate's date of birth recorded in High School certificate is to be reckoned with and where minimum qualification is High School, one must possess the same. Hence police verification for date of birth etc should be aimed at High School certificate. The credentials of a candidate are to verified by verifying as to whether any criminal case is pending or not. It is only where qualification required is below High School that Junior High School academic records should be verified.

11. In the circumstances, therefore, I am not able to sustain the police verification report on the basis of which the candidature of the petitioner has been rejected for the purposes of appointment on the post of constable. Resultantly, the order dated 30th August, 2025 rejecting the candidature of the petitioner is hereby quashed. In turn now the police verification report is also quashed.

12. Let a fresh police verification report on the basis of high school examination passed out by the petitioner from Board of High School and Intermediate, Prayagraj be submitted.

13. Appropriate police verification report shall be submitted within a period of four weeks from the date of presentation of certified copy of this order and thereafter the authority shall proceed to pass fresh order regarding candidature of the petitioner for appointment on the post of constable. September 18, 2025 Atmesh (Ajit Kumar,J.)

: Akhilesh Kumar Tripathi, Atipriya Gautam, Shyam Sharan Shrivastava, Sr. Advocate Counsel for Respondent(s) : C.S.C. Court No. - 4 HON'BLE AJIT KUMAR, J.

1. Heard Sri Vijay Gautam, learned Senior Advocate assisted by Sri Shyam Saran Srivastava, learned counsel for the petitioner and learned Standing Counsel for the State respondents.

2. Petitioner is aggrieved by the order dated 30th August, 2025 passed by the Deputy Commissioner of Police, Headquarter, Gautam Buddh Nagar, whereby candidature of the petitioner for appointment on the post of constable has been rejected only on the ground that upon investigation being conducted in the matter of petitioner’s primary education from class 3 to 5 in R.G.S. Public School Azadnagar, Gudau, Firozabad, in the scholar register there was found whitener and petitioner's name did not figure in the roll of student that too not maintained in alphabetical order, inasmuch as the date of birth recorded in the aadhar card of the petitioner was found different from the one recorded in his other official documents including high school certificate.

3. It is argued by learned counsel for the petitioner that for the purposes of date of birth high school certificate is the only document that is approved by the State Government and, therefore, if any other date of birth is recorded in any other document including the aadhar, it could not have in any manner affected candidature of the petitioner.

4. It is argued further that even in police recruitment rule there is no such rules which may require petitioner to furnish certificates or mark-sheets of primary education/ primary school where a candidate has in support of the date of birth his high school certificate. It is also argued that the date of birth in service record is, therefore, recorded only on the basis of the high school certificate.

5. It is also argued by learned Senior Advocate that if the school scholar register contains whitener in front of name of candidates and the 2 WRIA No. 14063 of 2025 candidates list was not prepared in the alphabetical order in the scholar register, it is the school who is to be blamed and not the candidate. It is argued that the report in any manner does not disclose that in its verification that petitioner’s name was not found to be recorded in the scholar register.

6. It is further contended that even the scholar register of class III to class V, as a matter of fact, ought not to have been mattered in police verification and the proper course for the officer concerned conducting investigation for the purposes of verification, was to have examined the scholar register of the school from where the petitioner had passed out his high school examination. He has also taken the Court to the high school certificate brought on record that was issued on 17th May, 2015 by Board of High School and Intermediate Education, U.P. for High School Examination-2015 in which date of birth of the petitioner is recorded as 5th July, 2000. It is also argued by learned Senior Advocate appearing for the petitioner that police verification report does not in any manner doubt the name of the father and mother of the petitioner.

7. Learned Standing Counsel on the contrary submits that in the police verification report the entire records of the candidate relating to his academic qualification and the school from where he pursued, is checked and verified and therefore, the verification report should not be questioned. However, he could not dispute that the high school examination marksheet would matter for the purposes of determination of date of birth of a candidate. He also does not dispute that the name of the father and mother of petitioner given in the high school certificate are not in any manner different from his aadhar card.

8. Having heard learned counsel for the respective parties and having perused the records, I find that police verification report simply mentions that the date of birth of the petitioner is different in different marksheets and transfer certificates of class III to class V and that in R.G.S. Public School Azadnagar, Gudau, Firozabad, there is a whitener in front of names of the students in the scholar register inasmuch as petitioner's name in different school was not found to be there in not alphabetically maintained scholar register. However, the report does not in any manner mentions the name of the school namely, S.G.D.S.I.C. Sadashukh, K. Kupa, Firozabad, from where the petitioner passed out his high school examination, inasmuch as the report also does not doubt the high school certificate of the petitioner issued by the Board of High School and Intermediate Education, Uttar Pradesh.

9. In my considered view, in matters of police verification where the date of birth seems to be doubtful, the authority ought to have proceeded to get the high school certificate of a candidate verified from the board which had issued the high school certificate. Having not done so, the police verification report cannot be held to be justified one. Petitioner has 3 WRIA No. 14063 of 2025 brought the high school certificate on record which shows that he has passed out the high school examination as a regular student after pursuing his studies at S.G.D.S.I.C. Sadashukh, K. Kupa, Firozabad. The report also does not indicate in any manner that it is because of the difference of date of birth in the primary mark-sheets or transfer certificates, it would have any bearing upon the date of birth recorded in the high school certificate.

10. It is a settled legal position that for the purpose of government service a candidate's date of birth recorded in High School certificate is to be reckoned with and where minimum qualification is High School, one must possess the same. Hence police verification for date of birth etc should be aimed at High School certificate. The credentials of a candidate are to verified by verifying as to whether any criminal case is pending or not. It is only where qualification required is below High School that Junior High School academic records should be verified.

11. In the circumstances, therefore, I am not able to sustain the police verification report on the basis of which the candidature of the petitioner has been rejected for the purposes of appointment on the post of constable. Resultantly, the order dated 30th August, 2025 rejecting the candidature of the petitioner is hereby quashed. In turn now the police verification report is also quashed.

12. Let a fresh police verification report on the basis of high school examination passed out by the petitioner from Board of High School and Intermediate, Prayagraj be submitted.

13. Appropriate police verification report shall be submitted within a period of four weeks from the date of presentation of certified copy of this order and thereafter the authority shall proceed to pass fresh order regarding candidature of the petitioner for appointment on the post of constable. September 18, 2025 Atmesh (Ajit Kumar,J.)