CRL.P NO.101104/2023 1 IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH DATED THIS THE 07TH DAY OF JANUARY, 2025 BEFORE THE HON’BLE MS.JUSTICE J.M.KHAZI CRIMINAL PETITION No.101104 OF 2023 BETWEEN: DR. YALLAPPA S/O. PARVATGOUDA KALLANGOUDAR AGED ABOUT 55 YEARS OCC: PRINCIPAL RAKSHA COLONY DHARWAD ...PETITIONER (BY SRI. S.M. KALWAD, ADVOCATE) AND: 1 . THE STATE OF KARNATAKA REP BY ITS SUB URBAN P S DHARWAD THROUGH ADDITIONAL SPP HIGH COURT OF KARNATAKA DHARWAD - 580 005 2 . SIDDAPPA MALLESHAPPA AKKI AGED ABOUT 46 YEARS SECTION OFFICER OFFICE OF SUPERINTENDENT OF POLICE DHARWAD-05 …RESPONDENTS (BY SRI. PRAVEENA Y. DEVAREDDIYAVARA, HCGP FOR R-1 R-2 SERVED) CRL.P NO.101104/2023 2 THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C., PRAYING TO QUASH THE COMPLAINT AND FIR REGISTERED BY THE SUB URBAN P.S., DHARWAD IN CRIME NO.66/2023 FOR THE OFFENCE PUNISHABLE UNDER SECTIONS 406 AND 420 OF IPC, PENDING ON THE FILE OF PRINCIPAL CIVIL JUDGE (JR. DN.) AND JMFC, DHARWAD. THIS PETITION HAVING BEEN HEARD AND RESERVED ON 18.12.2024, COMING ON FOR PRONOUNCEMENT OF ORDER THIS DAY, THE COURT MADE THE FOLLOWING: CORAM: THE HON’BLE MS. JUSTICE J.M.KHAZI CAV ORDER (PER: THE HON'BLE MS. JUSTICE J.M.KHAZI) Petitioner who is the sole accused has filed this petition under Section 482 of Cr.P.C with a prayer to quash the criminal proceedings initiated against him in Crime No.66/2023 of Sub-Urban Police Station Dharwad for the offences punishable under sections 406 and 420 IPC. 2. In support of the petition, the petitioner has contended that he is a post graduate in science, having done M.Sc in 1994. He was also awarded a Ph.D in zoology in 1998. He was appointed as a teacher in 1997 in Muttanna Memorial Police Children Residential School at Dharwad on contract basis. On the basis of his post graduation, and not CRL.P NO.101104/2023 3 on the basis of the B.Ed degree certificate referred in the complaint, he was promoted as principal in 2002 i.e., based on his efficiency and performance, and not on the basis of the B.Ed. degree secured in 2001. He has not claimed any promotion by producing the B.Ed Degree certificate. However, a complaint is filed against him falsely alleging that he has deceived the government by producing B.Ed degree certificate secured from an unrecognized institution, viz, Bharathiya Shiksha Parishad, Uttar Pradesh and secured promotion as Principal. On the basis of the complaint case is registered against him and there is a likelihood of filing a charge sheet and he being terminated from service. 2.1 He has not committed alleged offences and has been falsely implicated. There is a delay of 22 years in filing the complaint. In the light of Section 468 Cr.P.C, the complaint filed at belated stage is not maintainable. The ingredients of Sections 406 and 420 of IPC are not attracted. It is alleged that while serving as a Principal, the petitioner has completed the B.Ed course as a regular student from CRL.P NO.101104/2023 4 Al-Meezan Educational Institution, Hubballi, without getting prior permission from the administrative committee of the school, which is also false. He was never a regular student of the said institution and as such there was no need for seeking permission. No administrative regulations or rules are framed to govern the employees of the said institution. While pursuing the B.Ed course, the petitioner was not absent for duty. In the departmental enquiry, petitioner was not found guilty. The continuation of the proceedings would amount to abuse of the process of the Court and hence the petition. 4. Learned High Court Government Pleader representing the respondent No.1/state has filed the statement of objections stating that under the police welfare program Shri N.A Muttanna Memorial Police Children Residential School was established as per Government Order dated 05.06.1997, with the sole object of providing quality education to the children of police personnel, in service and also those who have died during the call of duty. As per the CRL.P NO.101104/2023 5 Government Order dated 25.03.1997, 22 teaching and non- teaching posts were sanctioned. On a temporary basis, teaching and non-teaching staffs were appointed, including the petitioner. He joined the service on 19.09.1997 as a Biology teacher. His service was extended from time to time. In the meanwhile, after coming to know that the petitioner is not holding basic qualifications for the post, he was given the post of warden in the residential school and continued in the said post 2001–2002. 5. In the year 2002–2003, the petitioner submitted B.Ed certificate as well as the mark card obtained from Bharathiya Shiksha Parishad, Lucknow, Uttar Pradesh (Distance course). On the basis of it, he was promoted as Principal. However, on enquiry by the regional commissioner, Belagavi, it was revealed that the said institution is not recognized by the UGC. The report was submitted to the Government on 24.11.2020 for further action. However, the petitioner filed W.P.No.105359/2018 and it was disposed of on 19.06.2023. Vide order dated 16.08.2014, the N.A CRL.P NO.101104/2023 6 Muthanna Memorial Police Children Residential School is treated as a Government School. B.Ed degree is very much essential and compulsory for the post of principal in the said school. 6. In the meanwhile, the petitioner has secured regular B.Ed Degree from Al-Meezan College Hubballi during the year 2007–08 as a regular student without obtaining permission from the school committee and also drawn a full salary from the school. 7. The petitioner is also involved in crime No.161/2014 of Malleshwaram PS for the offences punishable under Sections 468, 471, 119, 114, 417, 465, r/w Section 34 IPC. In the said case, he is arraigned as accused No.11. In the meantime, as per Government Order dated 21.01.2023 complaint is filed against the petitioner and on the basis of it, the case was registered in Cr.No.66/2023 and investigation is taken up. However petitioner filed this petition and stay is granted. There is no progress in the investigation. There is a prima facie case made out against the petitioner. It is CRL.P NO.101104/2023 7 required to be investigated at the earliest and sought for dismissal of the petition. 8. Heard arguments and perused the record. 9. Thus, it is the specific case of the prosecution that when petitioner joined service as a Biology teacher in N.A Muthanna Memorial Police Children Residential School, he was not possessing the requisite qualification in bachelor of education, though he has acquired a master's degree in M.Sc and on the next year, he also secured a doctorate degree. It is an undisputed fact that initially, the said school was established temporarily and continued every year, later on, it is considered as a permanent Government school coming under the Police department and equal to residential schools, such as Morarji Desai residential school. 10. Vide Gazette Notification dated 22.01.2011, the Cadre and Recruitment regulations have been framed governing the Karnataka residential Schools. As per this, for Principals, the minimum requisite educational qualification is CRL.P NO.101104/2023 8 a master's degree and a bachelor of education degree. It is also not in dispute that after realizing that the petitioner is not possessing the requisite degree in education, he was accommodated as warden. 11. After realising that on account of he not possessing bachelors of education degree, he would not get a promotion as the Principal, the petitioner has secured the said degree from Bharatiya Shiksha Parishad, Uttar Pradesh and produced the same. On the basis of it, the petitioner was promoted as Principal. Though in the present petition, the petitioner has contended that he never produced the said bachelor of education certificate, in Annexure-R4, which is a requisition dated 15.05.2018, given by him to the Superintendent of Police and President of the school to recall the order, sending him on compulsory leave and to disburse his salary, in the page-2 para-1, the petitioner has stated that, he has passed B.Ed examination conducted by Bharatiya Shiksha Parishad, Uttar Pradesh and during 2001 CRL.P NO.101104/2023 9 he has produced the certificate and he is promoted as Principal with effect from 01.04.2002. 12. In the meanwhile, there were allegations that the Bharatiya Shiksha Parishad, Uttara Pradesh, from which the petitioner has secured Bachelors of education certificate, is not a recognized institution. Therefore, enquiry was made with the said institution and also other sources. Since Writ Petition was pending before the Rajasthan High Court, no specific opinion was given, even by the UGC on the ground that the matter is sub-judice. However, vide Order dated 24.05.2013, the said bunch of writ petitions came to be dismissed, holding that the Bharathi Shiksha Parishad is not recognized by UGC. In fact, UGC has also given report that the said institution is not recognized by it, and it will not be a proper (requisite) qualification for appointment as principal. 13. It appears for this reason, the petitioner has also secured a regular bachelor of education degree from Al-Meezan Educational associate's B.Ed College, Hubballi. A regular bachelor of education degree means the petitioner CRL.P NO.101104/2023 10 was required to attend the college regularly with requisite attendance. However, during the period when the petitioner has allegedly studied for a bachelor of education, he has also attended to his duties as the Principal. The authorities of the said college have not provided the information as to the number of days he has attended the college on the ground that records older than 10 years are not preserved. If the petitioner has regularly attended the college, it means that he has not regularly worked in the school where he was working as a principal, or he has not attended the college and managed to get attendance on paper. It is also alleged that for studying in a regular B.Ed. college, the petitioner has not secured the permission of the concerned authority. 14. When there were allegations that the petitioner has secured promotion based on a degree certificate issued by an unrecognized institution, the then MLA has made enquiries and after getting information, he has brought this fact to the notice of the concern department to take action. In fact, the Government has issued directions to take action against the CRL.P NO.101104/2023 11 petitioner. Based on the same, the Inspector General of Police, North Division has directed the Superintendent of Police, Dharwad to file complaint against the petitioner. In turn he has authorized respondent No.2/complainant to file the complaint. 15. Accordingly, the complaint is filed. On the basis of it case is registered in Cr.No.66/2023, against which the present petition is filed. One more allegation as against the petitioner is that though residential school in question is situated in Dharwad, which is not coming under rural area, the petitioner has issued rural certificate in favour of certain students to enable them to get appointment under Rural Quota. There is prima facie material to proceed against the petitioner. In the light of the same a thorough investigation is required to enquire into the allegations. Certainly, the initiation of criminal proceedings against the petitioner cannot be termed as abuse of the process of the Court. In the result, the petitioner fails and accordingly the following: CRL.P NO.101104/2023 12 ORDER a. Petition filed by the petitioner under Section 482 of Cr.P.C is dismissed. b. Send a copy of this order to trial Court forthwith. SD/- (J.M.KHAZI) JUDGE ASN