IMPORTANT POINT
Issuance or refusal to issue a character certificate depends upon antecedents of the applicants and not his/her spouse or family members. An applicant cannot be denied character certificate on ground that his/her spouse has a criminal antecedent.

JUDGMENT

T.S. THAKUR, J.

1. Leave granted.

2. This appeal arises of out an order dated 2nd April, 2013, passed by the High Court of Judicature at Allahabad whereby Writ Petition No.17398 of 2013 filed by the appellant has been dismissed and the order passed by the District Magistrate, Basti, refusing to issue a character certificate in favour of the appellant upheld.

3. The appellant appears to have applied to the District Collector, Basti, for a character/enlistment certificate in her favour, which it appears is one of the requirements prescribed for registration as a contractor under the Irrigation Department of the State of Uttar Pradesh. The appellant, as proprietor of M/s Krishna Construction was already registered as a contractor but since the said registration was valid only for a period three years ending 31st June, 2009, a fresh character/solvency certificate was necessary for renewal of her registration.

4. The application made by the petitioner appears to have remained unattended for some time forcing her to file Writ Petition No.17945 of 2010 which was disposed of by the High Court by its order dated 5th April, 2010 directing the District Magistrate, Basti, to consider and decide the application of the appellant within a period of six weeks. The District Magistrate in compliance with the said order issued a solvency certificate in favour of the appellant on 24th May, 2010 but deferred the grant of character certificate till such time the Superintendent of Police inquired into the matter and submitted a report. On receipt of the report from the Superintendent of Police, the District Magistrate passed an order dated 15th June, 2010 declining to issue the character certificate to the appellant on the solitary ground that her husband was involved in four criminal cases during the past.

5. Aggrieved by the refusal of the character certificate in her favour, the appellant filed Writ Petition No.9875 of 2011 before the High Court which was disposed of by the High Court on 14th February, 2012 with a direction that the appellant should approach the Commissioner in appeal against the order passed by the District Magistrate. The appellant accordingly preferred an appeal before the Commissioner, Basti, who set aside the order passed by the District Magistrate and remitted the matter back to him for appropriate orders with the observation that the request for grant of a character certificate must be considered on the basis of the personal character of the person applying for the same and not of her family members. Notwithstanding that direction, the District Magistrate once again passed an order dated 12th December, 2012 rejecting the prayer for the issuance of a character certificate on the ground that the appellant did not have any knowledge of contract works which works were being got executed by her through her son and other persons. The appellant challenged the said order before the High Court in Writ Petition No.17398 of 2013 which came to be dismissed by the High Court by its order dated 2nd April, 2013. Hence the present appeal.

6. We have heard learned counsel for the parties at length and perused the orders passed by the District Magistrate and the Commissioner and those passed by the High Court. The material facts are not in dispute. It is not in dispute that the appellant is the sole proprietor of M/s Krishna Construction. It is also not in dispute that the appellant was a registered contractor with the Irrigation Department of the Government of U.P. for executing civil works. It is also not disputed that the registration was earlier granted in favour of the appellant pursuant to a solvency and character certificate issued in her favour by the District Magistrate, Basti. It is common ground that the registration of the appellant remained valid upto 31st June, 2009, whereafter the same required a renewal based on a fresh solvency certificate and a character certificate according to the applicable norms prescribed by