UP tightens government job rules over violent regime change activities, draws Opposition ire

The Uttar Pradesh government, led by Chief Minister Yogi Adityanath, has revised character verification rules for candidates selected for government jobs, stating that individuals involved in violent activities aimed at changing the existing regime could be deemed ineligible for public employment. The move has drawn criticism from the Opposition Samajwadi Party and the Congress amid a controversy over calls for “regime change” during a recent protest.

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

The order, however, clarifies that political ideology alone cannot be grounds for denying a candidate government employment. The registration of a first information report (FIR) or the pendency of an investigation will also not automatically disqualify an applicant.

Three-year rule for violent activities

Under the new guidelines, individuals who belong to organisations whose stated objectives include changing the existing order through violent means may be considered ineligible for government appointments.

Participation in such activities within the three years preceding the date of character verification, after a person has attained the age of 21, may be treated as evidence that they remain actively involved in such activities.

However, this presumption can be reconsidered if concrete evidence demonstrates a positive change in the individual's conduct during the intervening period.

The government has reiterated that a candidate cannot be denied employment merely because of their political beliefs or ideology. The revised rules seek to distinguish between political convictions and involvement in activities aimed at changing the existing order through violence.

FIRs and pending investigations not automatic grounds for rejection

The revised policy specifies that an FIR or a pending investigation will not, by itself, make a candidate ineligible for government employment.

Candidates who have been acquitted, cases settled through compromise and matters covered under juvenile justice law will also not attract automatic disqualification under the guidelines.

The order further addresses delays in character verification. A pending verification report need not necessarily hold up the issuance of an appointment letter. Authorities may issue a provisional appointment letter after obtaining a self-declaration and the prescribed documents from the candidate.

However, if verification establishes that a candidate is ineligible or that they have provided false information, the appointment will be cancelled immediately. Legal action may also follow.

Employees already serving in government posts will not be required to undergo fresh character verification under the revised rules. The appointing authority may, however, seek relevant information from their previous departments.

Police given 30 days to complete verification

The guidelines prescribe a 30-day deadline for district police and the Local Intelligence Unit (LIU) to submit character verification reports to the appointing authority after receiving a request. The Home Department will monitor delays in the submission of these reports.

The police and the LIU will not be required to visit a candidate's residence for verification, and the candidate's physical presence will not be mandatory.

In cases where 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 changes are intended to streamline character verification and prevent pending checks from automatically delaying government appointments, while retaining the provision to reject candidates found ineligible under the rules.

Samajwadi Party likens order to British colonial rule

The Opposition Samajwadi Party criticised the revised guidelines, describing them as reminiscent of the British Raj and arguing that the right to protest is constitutionally protected in independent India.

“Such orders were issued during the British colonial era, when the British ruled India. In independent India, however, the right to protest is a constitutional guarantee. A change in regime occurs through legal, established processes. It happens after every election, and anyone is free to participate. The current government operates with an intimidatory mindset, which is why we are seeing decrees reminiscent of the British colonial period,” Samajwadi Party spokesperson Udayveer said.

The party's criticism came amid the controversy surrounding calls for “regime change” during a recent protest.

Congress alleges government is apprehensive about Gen Z protests

Congress leader Rashid Alvi also questioned the government's authority to determine such matters, arguing that the courts should have a role.

“Is it for the government to decide on such things? Are there no courts? This shows the government is scared of the Gen Z protests,” Alvi said, describing the order as excessive.

The Opposition's objections centre on concerns that the revised verification rules could be used to discourage dissent and protests. The government, meanwhile, has clarified that political ideology alone cannot disqualify candidates and that an FIR or pending investigation is not sufficient grounds for automatic rejection.

The new guidelines will govern character verification for direct recruitment across Uttar Pradesh's government departments and associated bodies, with district police, the LIU and appointing authorities responsible for implementing the revised procedures.