Manyata Devi Vs. State of U.P. & Ors.
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Head Note
Constitution of India, 1950 - Article 14 , Article 226
Registration as Contractor - Character Certificate - Non Issue of - In the first order of refusal passed by Magistrate he opined that since the appellant's husband had criminal cases registered against him, she was disentitled from claiming a certificate of good moral character -Held that it is difficult to appreciate how criminal cases registered against the husband of the appellant could possibly deny her a certificate of good moral character - Commissioner was perfectly justified in setting aside the order passed by the District Magistrate and directing him to consider the request for the issue of a certificate based on the character of the applicant and not her relative or member of the family -Certificate again denied not because the appellant or anyone in her family was implicated in any criminal case but on the ground that she had no experience in getting the contract works executed - Reasoning given by the District Magistrate held to be wholly irrelevant - Order passed by the High Court affirming the order of District Magistrate liable to be set aside - District Magistrate to reconsider the matter and dispose of the application for grant of a character certificate keeping in view the observations made in the judgment -Even when the character certificate is issued by the District Magistrate in favour of the appellant, the Competent Authority shall be free to examine the prayer for registration or renewal in accordance with law having regard to the requirements that already exist or may be prescribed on the subject by the authority competent to do so.
Topic(s)-Character Certificate - Non Issue of - Direction to reconsider as per observations