HC rejects petition on fake non-creamy layer certificate


HC rejects petition on fake non-creamy layer 

certificate

               
 The Aurangabad bench of Bombay high court recently rejected a petition filed by a father-son duo against police action against them for allegedly obtaining a fake non-creamy layer certificate. Following a complaint lodged by computer consultant Manish Bhat, the police registered two different offences against Rajeev Bhanudas Chaudhari, his son Swaraj and principal of JT Mahajan Polytechnic (Faijpur) Pradip Patil under various sections of the Indian Penal Code. Rajeev was accused of creating a false record of non-creamy layer and using that certificate, Swaraj got admission into first year diploma in civil engineering course in the reserved category.Following Bhat’s complaint, direction was given by the government to inquire into the matter. The inquiry revealed that using the bar-code of Setu Suvidha Kendra, a false non-creamy layer certificate was prepared by Rajeev using duplicate stamps of the tehsildar office. Following registration of firs with the Bhusawal police in 2016, the father-son duo approached the high court seeking to quash the matter.The matter came up for hearing before jusitices T V Nalawade and Mangesh S Patil who observed: “Circumstances show that there was virtually no case on merits to the petitioner in both the matters. The first crime was registered for preparation of false certificate and the second crime was registered due to the aforesaid circumstances. In the first crime charge-sheet is filed. The second crime is registered as false certificate used by Swaraj and the college had helped him for using the certificate. Even after giving direction by the government department, necessary steps like cancellation of admission were not taken and the student was admitted into the second year.’’ The bench added that “mere payment of fee of open category is not acceptable as the admission itself could not have been given to Swaraj in view of the cut-off marks, declared in the centralized admission process”

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