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7. Learned advocate Mr. Raju has further submitted that during the pendency of the aforesaid petition, the applicant was permitted to sit in the written examination, however, he could not appear in the physical test as he was injured on duty while trying to apprehend the accused. It is submitted that at the time of filling up the form, applicant has enclosed certain documents relating to his education qualification. At that time, applicant was possessing the qualification of New SSC, i.e., standard 10th and also cleared the Bachelor of Preparatory Program (BPP) from Dr. Babasaheb Ambedkar Open University. Both the aforesaid two documents were enclosed along with the form at the time of applying for the said post. Learned advocate Mr. Raju has also submitted that as far as BPP certificate is concerned, the examination of BPP is equivalent to stands 12th examination and after clearing the BPP, the candidate can get admission in the F.Y.B.A in the Dr. Babasaheb Ambedkar Open University. Learned advocate Mr. Raju has submitted that, in fact, at the time of filling up the form, the applicant had also annexed the copy of the said BPP certificate which is part and parcel of the record. Initially the applicant-accused had appeared for BPP examination in the year 2008, but he could not complete the same and, therefore, it is mentioned in the document itself as 'NC' which means 'Not Completed'. The Office of the concerned College also told the applicant that only when the candidate fails, then the mark-sheet is being given and that is the policy of Dr. Babasaheb Ambedkar Open University. The applicant, once NEUTRAL CITATION R/CR.MA/8718/2014 CAV JUDGMENT DATED: 28/07/2023 undefined again appeared in the BPP examination in November- December, 2008 and vide offer letter dated 15.06.2009, he was intimated that he has cleared the BPP examination, a copy of which is also produced along with the papers.

NEUTRAL CITATION R/CR.MA/8718/2014 CAV JUDGMENT DATED: 28/07/2023 undefined

10. Learned advocate Mr. Raju has further submitted that at the time of filling up the form, the applicant has mentioned that he has cleared the BPP examination and documents pertaining to the same were also produced along with the form. Learned advocate Mr. Raju has submitted that the result issued in the month of April, 2008 by Dr. Babasaheb Ambedkar Open University for BPP examination is part and parcel of the record, wherein it is clearly mentioned that result is 'NC", which means 'Not Completed'. Had there been intention on the part of the applicant to misrepresent the authority, in that event, he would have submitted the said documents along with the form. The conduct of the applicant itself shows that the action on the part of the applicant is bonafide one and on the strength of the material available on record, the person concerned who is authorized to scrutinize and verify the documents annexed along with the form, has to disqualify the candidature of the present applicant-accused. By no stretch of imagination, it can be said that the applicant-accused has committed forgery and cheating with the institution. Learned advocate Mr. Raju has read the provisions pertaining to cheating and forgery and submitted that not a single ingredient to constitute the offence under the said provisions are spelt out from the allegations levelled in the complaint and, therefore, the complaint is required to be quashed and set aside. Learned advocate Mr. Raju has further submitted that, in fact, the applicant had approached this Hon'ble Court by way of filing the special civil application, and this Court, initially at the time of admission, had granted permission to the applicant to appear in the examination. He appeared in the NEUTRAL CITATION R/CR.MA/8718/2014 CAV JUDGMENT DATED: 28/07/2023 undefined examination, but his result was kept in the sealed cover and, thereafter, the said petition was dismissed. Therefore, he approached the Hon'ble Supreme Court by preferring Special Leave Petition and assailed the judgment and order passed by this Hon'ble High Court. The said SLP was withdrawn by the applicant with a specific direction to prefer a representation before the concerned authority. Accordingly, the applicant made a representation to the concerned authority, which was eventually considered by the Commissioner, Surat and, ultimately, he was promoted in the cadre of Police Sub- Inspector and since last more than 8 to 10 years, he is working as the Police Sub-Inspector. Learned advocate Mr. Raju has submitted that considering the above stated factual aspect, this is a fit case, in which, this Court can exercise its extraordinary jurisdiction by quashing and setting aside the complaint registered against the applicant.

11. Per contra, learned APP Mr. H.K. Patel appearing on behalf of the State has vociferously submitted that the applicant is a police officer and working in the police department, and as a member of disciplinary force, one can expect that he would follow the principle of disciplinary ethics and, more particularly, at the time of submitting the documents to the concerned department for any examination held by the government machinery and he has to be more careful while providing any information. Learned APP has further submitted that one anonymous application was received by the Office of the Police Commissioner, Surat City, wherein serious allegations were levelled against the applicant NEUTRAL CITATION R/CR.MA/8718/2014 CAV JUDGMENT DATED: 28/07/2023 undefined and, therefore, discreet inquiry was started and at the end of the inquiry, it has come to the notice of the department that false and fabricated documents have been produced by the applicant at the time of submitting the form. Hence, present complaint has been registered. Learned APP Mr. Patel has also submitted that petitioner was working in the police department since 01.11.1993 and at the time of filling up the form, he had mentioned that he was possessing the qualification of SSC pass and cleared the BPP examination from Dr. Babasaheb Ambedkar Open University in the year 2008. Copy of the SSC result and the BPP certificate which is stated to be equivalent to HSC was annexed with the form. The documents which were produced by the applicant clearly shows that present applicant had not completed the BPP course even though he has tried to create an impression in the mind of the authority that he is possessing the degree equivalent to 12 th standard (HSC). Therefore, inquiry was ensued and during the course of inquiry, it was found out that BPP is not equivalent to HSC (12th standard), but the said program is arranged for the uneducated people who are capable and interested in further study from home. Therefore, Dr. Babasaheb Ambedkar Open University has arranged this program and no certificate or letter would be provided by the University on completion of BPP Course. The officer of the college has given his statement before the Investigating Officer stating that completion of BPP course cannot be used as a tool to meet with any criteria for any government service or government induction program. The said witness has very categorically stated that the college is not issuing any such certificate to the student, but a letter NEUTRAL CITATION R/CR.MA/8718/2014 CAV JUDGMENT DATED: 28/07/2023 undefined purportedly written by him under the letterhead of college was prepared and issued by him upon the request made by the applicant. He has very categorically opined that there was false notion running in the mind of people that passing of BPP is equivalent to passing of standard 12 th examination. One can join the graduation course after passing the BPP, but in fact, the BPP program cannot be considered equivalent to 12 th standard. The Investigating Officer has also recorded the statement of administrator of Dr. Babasaheb Ambedkar Open University, namely Ravi Mahendra Gaur and the said witness has also specifically stated that the person who has cleared the BPP examination cannot be considered as equivalent to standard 12th examination. The applicant did not remain present in the examination and, therefore, he has not cleared the BPP exam and preliminary education by way of BPP for graduation is not equivalent to 10+2 or any other examination. However, those candidates who do not possess the basic eligibility criteria for entrance in the regular graduation degree in the University, BPP is an internal procedure for preparing students for further study. It is true that applicant had taken admission in the University but not completed the course. As BPP course is not equivalent to standard 12 th and the said fact is very categorically described by the University and well within the knowledge of all the students of the university, despite the said fact, the applicant has annexed not completed BPP certificate along with the form by stating that he has cleared the examination equivalent to standard 12 th examination. The said action, conduct and behavior of the applicant goes on to show that with a sole intention to cheat NEUTRAL CITATION R/CR.MA/8718/2014 CAV JUDGMENT DATED: 28/07/2023 undefined the Institution, and to throw send in the eye of the institution, with mala fide intention, documents were annexed along with the application with a sole intention to secure his admission in a recruitment process and that is why after completion of through inquiry, the Office of Police Commissioner thought fit to register the complaint against him and, therefore, the said complaint cannot be thrown out at the threshold. On the contrary, the police machinery may be given free hand by continuing with the investigation. If, at all, mens rea on the part of the applicant would not be found out, then summary report will be submitted before the competent court who has jurisdiction to try the case and which does not make any difference to the future prospect of the applicant.

24. It is stated in the complaint itself that the certificate pertaining to standard 10th is genuine. The main controversy is entangled about the production of BPP certificate. Before registration of the complaint, statement of the clerk of Shri Haribapa Charitable Trust, Arts & Commerce College, namely, Amit K. Vyas was recorded. In his statement, he has very categorically stated that the said letter was issued by him on the letterhead of the Haribapa Charitable Trust, Art & Commerce College, Jasdan in his own handwriting and at the request of the applicant, the said letter was prepared and issued in favour of the applicant. He has also identified the rubber stamp, seal and his signature upon the said letter. In his statement, he has very categorically stated that the course of BPP would not equate with the standard 12th education. It is true that after clearing the BPP, one can study upto graduation through distance learning. The statement of Ravi Mahendra Gaur who is working as Deputy Academician in the Dr. NEUTRAL CITATION R/CR.MA/8718/2014 CAV JUDGMENT DATED: 28/07/2023 undefined Babasaheb Ambedkar Open Uniiversity also came to be recorded and he has stated in his statement that BPP means Bachelor of Preparatory Program. The person who has not studied and does not have writing and reading skill, can get admission in the Babasaheb Ambedkar Open University in the BPP program course to improve his writing and reading skill and after clearing the BPP course in the same University, one can study upto graduation and the certificate obtained from the said University would never equate with standard 10th or 12th examination. By no stretch of imagination, it can be said that the person who has cleared the BPP examination has passed out the standard 12th examination. The said witness has very caterogically stated that after scrutinizing and verifying the record available on file, it is found out that the applicant-Jayrajsinh Gadhvi has not cleared BPP course from their University because as per the record he was absence in one exam and, therefore, could not clear the exam. On the strength of the aforesaid statement recorded by the concerned Inquiry Officer, complaint came to be registered.