Court Orders FIR Against Accused in JKPSC Recruitment Fraud Case

Special Judicial Mobile Magistrate Directs SSP Crime Branch to Register FIR Following Allegations of Forgery in JKPSC Recruitment Process

• Ajay Kumar alleges that Mohd Qasim Mir secured his selection through illicit means by submitting forged documents during the recruitment process, including falsified certificates of participation in international and national conferences.
• The accused stands accused of forging an NCC certificate and tampering with a B.A. final year marks card, raising serious concerns about the integrity of his qualifications.
• Despite complaints lodged with the Chairman JKPSC, Spl DG Crime, and SSP Crime Branch Jammu, no action was taken, highlighting systemic failures in addressing reported irregularities.
•  The court, citing the Lalita Kumari Vs. Govt. of UP guidelines, emphasized the obligation of police officials to register FIRs upon the disclosure of cognizable offenses, underscoring the need for proactive law enforcement.
• In response to an inquiry by the Crime Branch Jammu confirming the forgery allegations, the court directed the SSP/SHO Crime Branch, Jammu, to register an FIR against the accused promptly, signalling a significant step towards combating fraudulent activities in the recruitment process and safeguarding the integrity of JKPSC selection procedures.
•  When contacted SSP Crime said that investigation was going on.

Mohit Mehra

Jammu, April 10: In a significant development in a Jammu and Kashmir Public Service Commission (JKPSC) recruitment fraud case, the Court of Special Judicial Mobile Magistrate, Passenger Tax, Shops & Estt. Act, Jammu, has issued an order directing the Senior Superintendent of Police (SSP) Crime Branch, Jammu, to register an FIR against an individual accused of forgery in the recruitment process for Assistant Professors.
The court order pertains to a case filed by Ajay Kumar S/O Sh Tirath Ram R/o Village Keri Manyallan, Doongi Keri, Rajouri, alleging forgery by Mohd Qasim Mir S/O Mohd. Raqeeb Mir, R/O Kotian, Tehsil Mendhar, District Poonch, in the recruitment process for Assistant Professors for Geography conducted by the Jammu and Kashmir Public Service Commission (JKPSC).
According to the complaint, Mohd Qasim Mir allegedly submitted forged documents and certificates during the recruitment process, resulting in his selection as an Assistant Professor.
Among the alleged forgeries are certificates claiming attendance at international and national conferences on dates when the accused was reportedly elsewhere.
The complaint alleged the accused of obtaining academic qualifications fraudulently and tampering with certificates and documents.
Despite earlier complaints filed by Ajay Kumar to Chairman, JKPSC, and Special DG Crime including one submitted to the SSP Crime Branch, Jammu, no action had been taken prior to the court order.
The court, citing guidelines laid down by the Hon’ble Supreme Court of India in the Lalita Kumari Vs. Govt. of UP case, directed the SSP Crime Branch, Jammu, to register an FIR against the accused and conduct an investigation.
When contacted for comments SSP Crime Branch Jammu told Jammu Jottings that the investigation into the matter was going on.
The Complainant now hopes that after this court order, the SSP Crime Branch, Jammu, will register an FIR and initiate further proceedings in accordance with the law.
The court’s decision to order the registration of an FIR underscores the seriousness of the allegations of forgery in the recruitment process. It reflects the commitment of the judiciary to uphold the rule of law and ensure accountability in matters of public interest.
This development also marks a significant step in addressing recruitment fraud and ensuring the integrity of the selection process for government positions in the region particularly JKPSC selection procedures.
Citing the reasons for the order, the Special Judicial Mobile Magistrate, Passenger Tax, Shops & Estt. Act, Jammu in its order mentions some pertinent points viz, the applicant has submitted that he along with accused Mohd Qasim were candidates in the recruitment process for Assistant Professors under various disciplines, conducted by JKPSC vide Notification No. 10-PSC(DR-P) of 2017 dated 27.10.2017 and both applicant and accused were in the race of selection for Geography’s Assistant Professor’s recruitment. The accused namely Mohd Qasim Mir was selected in the process after the presentation at JKPSC office at Resham Ghar, Jammu, of some forged documents/ certificates which along with some other documents were obtained illegally by him with collusion of authorities issuing same documents/ certificates. The forgery came into applicant’s notice after he filed RTIs in this regard, after getting eliminated from recruitment by virtue of accused’s selection, for the purpose of knowing sanctity of the documents/ certificates.
It has been submitted that accused has submitted two certificates before JKPSC at the time of interview showing that he attended international conference on 13.10.2014 &14.10.2014 at Bhaderwah Campus and as per information obtained by the applicant under RTI, on both these dates the accused was present at the GDC Mendhar. The accused has also presented a certificate of being participant of a National Conference at Jammu University on 28th and 29th of September, 2015 but on the same date he was present at GDC Mendhar. Similarly accused had obtained his ALC certificate illegally without adopting any legal mandate. It has been further submitted that the accused obtained B.Ed degree as regular candidate from session 2012-13 to 2016, but as per the information obtained under RTI, he was acting at teaching faculty from session 2012-13 to 2016.
It has been further alleged that accused forged with NCC-C certificate by tampering and mentioned grade as “A” whereas his grade as per the information furnished by NCC Director showing was “C”. It has been further submitted that the accused has also forged his B.A. final year marks Card by tampering his father name. The information received under RTI by the applicant has been annexed with the application.
It has been submitted that before approaching this Court, the complainant filed an application on 28.02.2023 before SSP Crime Branch Jammu, but no action has been taken yet. Same application was also served/submitted on the office of Crime branch through e-mail ID and also through post but in vain. Copies of the complaint dated 28.02.2023 has been annexed with the application. The applicant has also addressed a representation for registration of FIR to special DG, Crime Branch on 10.07.2023 but again no action has been taken. Copy of the representation has been annexed with the application.
It has been submitted that in Lalita Kumari Vs. Govt. of UP, Hon’ble Apex Court of the Country has laid down specific guidelines for police officials to register FIR when the information supplied discloses the commission of cognizable offences. Finally, prayer has been made for directing the Crime Branch Jammu for registration of FIR against the accused in the interest of justice.
At the time of the presentation of this application vide order dated 19.08.2023 SSP/SHO Crime Branch was directed to file action taken report on the complaint filed by the complainant in his office. SSP Crime Branch has filed detailed report on 30.09.2023 and 23.03.2024.
Perusal of the report submitted by the Crime Branch reveals that inquiry is being conducted by the Crime Branch Jammu on the application of the applicant Ajay Kumar after it was approved by CHQ. In its inquiry crime branch has submitted that the suspect Mohd Qasim Mir has manipulated/inserted/forged documents i.e. NCC certificate obtained by him from 5th Bn. NCC, Col, commanding Officer, Poonch, but till date no FIR has been registered against the accused.
8. Since as per the contents of the application as also the findings of the Crime Branch Jammu, commission of cognizable offences are made out, as such SSP/SHO Crime Branch, Jammu is directed to register FIR and investigate the matter in accordance with law forthwith. Copy of this order along with complaint and annexures be forwarded to SSP Crime Branch, Jammu for information and compliance.
The court’s directive to register an FIR highlights the gravity of the forgery accusations during the recruitment process, showcasing the judiciary’s dedication to preserving legal principles and enforcing responsibility in matters of societal concern.
This progression signifies a notable advancement in combating recruitment deceit and preserving the transparency of government job selection procedures in the area.