Orissa HC quashes cases against 8 Keonjhar teachers over ‘fake’ BEd certificates

Court cites Bundelkhand University’s confirmation of certificate authenticity; slams police probe as mechanical

ORISSA HC123539.JPG Center-Center-Delhi

CUTTACK: The Orissa High Court has quashed criminal proceedings initiated against eight teachers who are working in different upper primary (UP) schools in Keonjhar district for allegedly submitting fake bachelor of education (BEd) degree certificates from Bundelkhand University in Jhansi.

In the order, the single judge bench of Justice Sibo Sankar Mishra held that continuation of the criminal proceedings despite the certification of genuineness of the alleged fake certificate by the university concerned amounts to gross abuse of the process of law.

In identical orders on the petitions filed separately by the eight teachers, Justice Mishra observed, “In the case at hand, the very foundation of the prosecution is rendered baseless in light of the subsequent clarifications issued by Bundelkhand University.

The action of the block education officer in lodging the FIR appears to be hasty and uninformed, and the police investigation mechanically conducted, ignoring crucial exculpatory evidence. The cognizance order also reflects non-application of judicial mind as the learned Magistrate failed to consider the materials favourable to the accused which were available on record.”

Justice Mishra quashed the criminal proceedings against the eight teachers arising out of FIRs registered in different police stations in Keonjhar district in 2020. He also quashed the orders of taking cognizance by concerned local courts in 2021.

According to the case records, the petitioners were appointed as Sikhya Sahayaks (contractual junior teachers) by the collector-cum-chief executive officer of zilla parishad (Keonjhar) in 2015-2018. They were disengaged from service by the district project coordinator (Sikhya Sahayaks), Keonjhar, on September 3, 2021 on the ground that the BEd certificate produced by them, purportedly issued by Bundelkhand University was found to be forged.

The disengagement orders were based on a communication allegedly received from the Bundelkhand University, which subsequently issued letters on September 7, 2020 and November 11, 2020, categorically affirming and conveying that the BEd certificates issued by it were genuine.