Petitioners sought a PIL-driven inquiry into educational institution employees in Balasore allegedly appointed on fake certificates. The Court found the underlying letter disclosed no forged documents and held PIL cannot be used for roving enquiry, disposing of the petition while permitting a fresh move with specific particulars.
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IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) No.17579 of 2024
Sudhir Chandra Parida and …. others
Petitioners
Represented By Adv. –
Ms. P.P.Rao, Advocate
-versus-
State of Odisha and others
…. Opposite Parties
Represented By Adv. – Mr. S.B. Panda, Addl. Govt. Advocate
CORAM:
THE HON'BLE MR. JUSTICE ARINDAM SINHA,
ACTING CHIEF JUSTICE
AND
THE HON'BLE MR. JUSTICE M.S. SAHOO
ORDER
05.02.2025
Order No.
04.
1. Mrs. Rao, learned advocate appears on behalf of petitioners
and submits, her clients have disclosed information to demonstrate, employees of educational institutions in Balasore district are
working by producing fake and forged certificates at the time of appointment. Her clients had filed application, in paragraph-3 of
which names of the persons who have produced fake certificates
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and have forged them at the time of appointment, have been given.
She seeks interim direction of stopping their salaries.
2. Mr. Panda, learned advocate, Additional Government Advocate appears on behalf of State and submits, direction was made by co-ordinate Bench on order dated 12th August, 2024 for filing counter. He seeks further extension of time for it to be filed.
3. On query made we have ascertained, basis of the writ petition is mainly letter dated 28th January, 2008 bearing answer to query made for information. Text of the letter is reproduced below.
“With reference to your letter dated 22.12.2007 received in this office on 4.1.2008 and letter dated 8.1.2008 received in this office on 9.1.2008, it is to inform you that the details of information sought by you is as detailed below:
As per records available in the ERC office, Dr. B.C.Roy College of Education, West Bengal is neither recognized by ERC, NCTE, Bhubaneswar nor the institution is recognized under validation of Ordinance of 11th September 2006.
As far as the mark sheet of Shri Balaram Dey is concerned it was issued by B.C.Roy College of Education during 1992 i.e. before the establishment of NCTE.
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Therefore, question of recognition by NCTE does not arise.”
4. Petitioners seek inquiry be made regarding persons employed by educational institutions, presumably government, in district Balasore. Perusal of information furnished by said letter dated 28th January, 2008 does not indicate fake or forged documents used. It says mark sheet of Sri Balaram Dey was issued by B. C. Roy College of Education in year 1992, before establishment of the NCTE and therefore recognition by it does not arise.
5. The Public Interest Litigation avenue for moving Court cannot be used for a roving enquiry. Petitioners, if are able to discover specific particulars regarding fake or forged certificates used by persons working in any particular institution, may once again move this Court, with the particulars.
6. The writ petition is disposed of.
(Arindam Sinha) Acting Chief Justice
Signature Not Verified (M.S. Sahoo) Digitally Signed Judge
Digitally Signed Signed by: AJIT KUMAR DUTTA Reason: Authentication Location: ohc Date: 07-Feb-2025 15:20:48 dutta/Jina
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1 issue framed by the court
Should the Court direct an inquiry and stop salaries of employees allegedly appointed with fake or forged certificates in Balasore district?
Sudhir Chandra Parida and others
State of Odisha and others
Arindam Sinha
M.S. Sahoo
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
