Orissa High Court
Ashok Kumar Jena vs State Of Odisha .... Opposite Party on 3 February, 2022
Author: S.K. Panigrahi
Bench: S.K. Panigrahi
IN THE HIGH COURT OF ORISSA AT CUTTACK
CRLMC No.2958 of 2021
Ashok Kumar Jena .... Petitioner
Mr.Baidhara Sahoo, Adv.
-versus-
State of Odisha .... Opposite Party
Mr.M.K.Mohanty ,ASC
CORAM:
MR. JUSTICE S.K. PANIGRAHI
ORDER
Order No. 03.02.2022
01. 1. This matter is taken up by virtual mode.
2. Heard learned counsel for the parties.
3. The petitioner has filed this application with a prayer to quash the entire criminal proceeding vide G.R. Case No.1223 of 2021 arising out of Gangapur P.S.Case No.437 of 2021 pending in the Court of learned J.M.F.C., Aska.
4. The case in brief is that one Bhaskar Lenka, Senior Block Education Officer, Aska filed an FIR on 01.10.2021 before the Inspector Incharge, P.S. Gangapur, Ganjam. He alleged that that the petitioner was engaged as Sikhya Sahayak by the Government. He continued in the said post in Govt. Upper Primary School, Kesharpalli. It is alleged that he has secured the said job by producing a fake B.Ed. Certificate, obtained from Nababharat Shikshya Parishad, Rourkela, Odisha.
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5. Learned counsel for the petitioner submits that although the University Grant Commission, New Delhi has declared the Nababharat Sikshya Parishad, Rourkela to be a fake institution vide it's Public Notice F.No.7-3/2012 (AMPC), dated 07.10.2020, the certificate of the petitioner cannot be discredited. It is because he was the student of the said institution from 2005 till 2006. Further, the petitioner had no knowledge of the notification or clarification of U.G.C. discrediting the University. Rather, he was under the genuine belief that his degree was genuine. This is clearly revealed from Annexure-7 issued by the Controller of Examination, Berhampur University which is extracted hereunder:
The Nababharat Sikhya Parisad, Rourkela, Orissa under deemed university has been recognized by the NCTE, New Delhi and allotted code NoAPE000502 for Bachelor of Education on programme (B.Ed.) vide his letter no. ERC/04-03/95 2003/1118 and ERC/04- 03/95/2003/1119 dt. 8.4.2004 and as per letter no. PC/IFC/2003-04 dated 5.10.2004 of AICTE, New Delhi communicated his clear guidelines for equivalent with Berhampur University, Utkal University and Sambalpur University and vide letter no.17732/H.Edu dated 17.04.2005 of Govt. of Orissa in Department of Higher Education and letter no. 4325 dated 4.2.2006 of Director, S.C.E.R.T., Orissa, Bhubaneswar clarified that Nababhatat Sikhya Parisad, Rourkella is equivalent with us.
6. It is further submitted that in the entire process, the petitioner has neither committed any illegality nor tried to defraud the department. Hence, the petitioner raises the legality of such Page 2 of 3 // 3 // action and seeks quashing of entire criminal proceeding against him.
7. In view of such facts learned counsel for the State is directed to take instruction regarding Annexure-7 and file a short reply by 22nd February, 2022.
8. List this matter on 25th February, 2022.
9. As the restrictions due to resurgence of Covid-19 are continuing, learned counsel for the parties may utilize a printout of the order available in the High Court's website, at par with certified copy, subject to attestation by the Advocate concerned with his/her seal, in the manner prescribed vide Court's Office Order dated 7th January, 2022.
( S.K. Panigrahi) Judge LB Page 3 of 3