UP Government Tightens Job Verification Rules Over ‘Violent Regime Change’ Activities; FIR Alone Won’t Disqualify Candidates

Yogi Adityanath government says political ideology cannot be grounds for denial of public employment; Samajwadi Party and Congress accuse state of adopting an intimidating, British-era approach

The Uttar Pradesh government has tightened character verification rules for candidates selected for direct recruitment to government jobs, stating that individuals involved in violent activities aimed at changing the existing regime could be barred from public employment.

The move by the Yogi Adityanath government has drawn criticism from the Opposition Samajwadi Party (SP) and the Congress, amid a controversy over calls for “regime change” during a recent protest.

However, the revised guidelines make clear that political ideology alone cannot be grounds for denying a government job. The registration of a first information report (FIR) or the pendency of an investigation will also not automatically disqualify a candidate.

The guidelines were issued by M Devaraj, Principal Secretary in the Appointment and Personnel Department, in compliance with directions from the Allahabad High Court. They apply to candidates selected through direct recruitment in state government departments, corporations, councils and local bodies.

Violent Activities Could Lead to Disqualification

Under the government order, individuals who belong to organisations whose stated objective is to change the existing order through violent means may be considered ineligible for government employment.

The guidelines also address participation in such activities during the three years preceding character verification, provided the individual was above 21 years of age at the relevant time.

Such participation may be treated as evidence that the person remains actively involved in these activities. However, the presumption can be reconsidered if concrete evidence demonstrates a positive change in the individual's conduct during the intervening period.

The order reiterates that a candidate cannot be denied public employment merely because of their political beliefs or ideology.

Samajwadi Party Calls Order Reminiscent of British Rule

The revised policy has triggered criticism from Opposition parties, with the Samajwadi Party accusing the state government of adopting an approach reminiscent of the British colonial era.

SP spokesperson Udayveer said the right to protest was constitutionally protected in independent India and argued that changes in government through elections were part of the democratic process.

He accused the state government of adopting an intimidating approach and said the new guidelines evoked the colonial period.

Congress leader Rashid Alvi also criticised the order, questioning whether the government should determine such matters when courts were responsible for adjudicating legal disputes.

Alvi alleged that the move reflected the government's concern over Gen Z protests.

FIR or Pending Investigation Not Automatic Grounds for Rejection

The government has clarified that candidates will not automatically become ineligible merely because an FIR has been registered against them or an investigation remains pending.

The guidelines also provide that acquittals, cases resolved through compromise and matters covered under juvenile justice law will not attract automatic disqualification under the revised policy.

The provisions seek to distinguish between the existence of a criminal complaint or pending case and a determination that a candidate is ineligible for appointment.

Provisional Appointment Possible During Verification

The revised guidelines state that a pending character verification report need not necessarily delay the issuance of an appointment letter.

Authorities may issue a provisional appointment letter after obtaining the candidate's self-declaration and prescribed documents.

However, if verification establishes that a candidate is ineligible or has furnished false information, the appointment will be cancelled immediately, and further legal action may follow.

Employees already serving in government positions will not be required to undergo fresh character verification under the new rules. Appointing authorities may, however, seek relevant information from their previous departments.

Police Given 30 Days to Complete Character Verification

District police and the Local Intelligence Unit (LIU) must submit character verification reports to the appointing authority within 30 days of receiving a request.

The Home Department will monitor delays in submitting these reports.

The guidelines also state that police and the LIU will not be required to visit a candidate's residence for verification, nor will the candidate's physical presence be mandatory.

If a verification report is adverse, the district magistrate must give the candidate an opportunity to present their case, either online or in person, before forwarding a recommendation.

The revised framework sets out timelines and procedures for verification while specifying that political ideology, an FIR or a pending investigation cannot, by themselves, automatically disqualify a candidate from government employment.