2025:CGHC:17610 Digitally signed by SHOAIB S AH NO WA AI RBA DN atW e:AR NAFR
2025.04.17 22:47:18 +0530 HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 2578 of 2025
1 - Smt. Mamta Rathore W/o Bhuneshwar Rathore Aged About 45 Years R/o Mig 43, Sharda Vihar Tehsil And District - Korba (C.G.)
... Petitioner(s)
versus
1 - State Of Chhattisgarh Through Its Secretary Education Department Mantralaya Mahanadi Bhawan Naya Raipur Raipur (C.G.) 2 - District Education OfÏcer Korga District - Korba (C.G.) 3 - Chief Executive OfÏcer Janpad Panchayat Korba District - Korba (C.G.)
4 - Block Education OfÏcer Korba District - Korba (C.G.)
5 - Chief Executive OfÏcer Jila Panchayat Korba District- Korba (C.G.)
... Respondent(s)
(Cause title taken from CIS)
For Petitioner(s) : Shri Shikhar Agnihotri, Advocate.
For Respondent(s) : Shri Suyashdhar Badgaiya, Dy. Govt.
Advocate.
Hon'ble Shri Bibhu Datta Guru , Judge
Order on Board
17.04.2025
1. By the present writ petition, the petitioner is questioning the order dated 05.03.2025 issued by the District Education OfÏcer to the petitioner who is presently working as Head Master in Primary School Khera Kechar directing the petitioner to produce the original certificate/marksheet of Class- 10th, 12th, D.Ed. As some complaint has been against the petitioner that he has obtained the service of Shikshakarmi Grade III in the year 2007 by producing a forged D.Ed. Certificate.
2. Learned counsel for the petitioner submits that the petitioner has submitted the required documents before the District Education OfÏcer by replying the show cause notice vide Annexure P/7. He further submits that in spite of submission of the said certificate the proceeding pursuance to the show cause notice dated 05.03.2025 is absolutely illegal as the District Education OfÏcer is inquiring about the recruitment process of the year 2007.
3. Learned counsel for the State on instruction submits that the District Education OfÏcer only asked the petitioner to produce the document regarding his marksheet of the Class- 10th, 12th, D.Ed and if the petitioner has submitted or place the said document before the District Education OfÏcer, then the District Education OfÏcer shall look into the said document and take necessary decision after going through the original certificate/marksheet of the petitioner's education qualifications.
4. I have heard both the parties and perused the show cause notice dated 05.03.2025 as well as (Annexure P/7) the reply submitted by the petitioner.
5. As per the Annexure P/1, it appears that the District Education OfÏcer has only asked the petitioner to produce the original marksheet of the Educational qualifications of the petitioner, as some one has lodged the complaint against the recruitment of the petitioner in the year 2007. The allegation is that the petitioner has appointed as Shikshakarmi Grade III on the basis of forged Educational certificate. Looking to the submission made by the State counsel that the District Education OfÏcer has only asked the petitioner to produce the document of educational qualification of the petitioner, and the petitioner has already submitted the documents as required by the District Education OfÏcer, it is directed that District Education OfÏcer shall take a decision by going through the original marksheet of the petitioner which has been placed by the petitioner before him and if the original document of the educational qualifications are not in dispute then no adverse action be taken against the petitioner pursuance to the show cause notice dated 05.03.2025, if any adverse action will be taken against the petitioner, the petitioner is at liberty to approach appropriate forum to question the same.
6. With the aforesaid liberty, the writ petition is disposed of.
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