Bhubaneswar: Orissa High Court has slammed the tendencies of some ‘Ambitious Parents’ that are ready to bribe influential officials to get admission into government medical/engineering colleges or govt jobs.
Orissa HC Justice Shibo Shankar Mishra delivering a judgement on a case of dishonour of cheque under Section 138 of Negotiable Instruments (NI) Act, has heavily criticised the emerging tendencies among parents to get admission to coveted course or jobs.
The top court has also pondered over the big issue of how the ‘Ambitious Parents’ are bringing up a generation that will be devoid of values like INTEGRITY, HARD WORK and SELF DISCOVERY.
ORISSA HC BIG COMMENTS
Justice Sibo Shankar Mishra deprecated the growing tendencies of bribing in education or jobs sector. While delivering the judgment, Justice SS Mishra made following observations.
- Ambitious parents indulging in the illegal methods to secure admission of their wards to a good college at the cost of meritocracy and fairness in education, is indeed a crime.
- Such actions not only deprive deserving candidates of their rightful opportunities but also foster an environment of dishonesty and corruption, ultimately harming the future of education and society at large.
- Parents must evolve beyond a regressive mind-set that imposes career choices upon their children, driven by unfulfilled personal aspirations.
ORISSA HC LESSONS FOR PARENTS
Justice SS Mishra further observed that:
- It is natural for parents to dream of a successful future for their children.
- But such aspirations must be nurtured through ethical means rather than unlawful shortcuts.
- Parents must act as facilitators in their child’s educational and career journey
- They limit themselves to offering guidance and motivation while respecting their individuality.
- They should aid, but not dictate the decision-making process, support their child’s choices.
- Provide them with the freedom to explore their skills
- Encourage them to develop and achieve through merit and perseverance.
ORISSA HC BATS FOR FAIR PLAY
Orissa HC Justice SS Mishra strongly observed that:
- Upholding these values will ensure fairness in education
- It will also foster a generation that values integrity, hard work, and self-discovery.
CASE BACKGROUND
Justice SS Mishra was hearing a case where the parent complainant, who serves in the police department, has given money to the accused (the petitioner) to secure her son’s admission into a government run medical college by using his influence.
However, when the admission deal couldn’t go through, the bribe giver has sought refund of money from the accused. The accused gave two cheques to the bribe giver, and when the bribe giver went to bank to encash them, the bank dishonored the checks drawn.
Aggrieved at the cheque dishonor, the bribe giver filed a case against the receiver under section 138 of NI Act. The receiver approached Orissa HC to quash the case calling this ‘Illegal deal’ not coming under the purview of Sections 138 of NI Act.
HC COMMENT ON ‘AMBITIOUS’ COP
Justice SS Mishra observed that:
- The indulgence of the parent-complainant, who serves in the police department, in such an act that contradicts the very ethos of society is highly condemnable.
- This not only raises questions about the complainant’s own conduct but also necessitates a closer examination of the transaction in question.
‘ILLEGAL DEAL’ NOT COMES UNDER S 138NI ACT: HC
The Orissa HC clearly stated that it is well settled (under Section 138 NI Act) that once a cheque is admitted to have been signed and issued in favour of the holder, there is a statutory presumption operates to the effect that it is issued in discharge of a legally enforceable debt or liability.
- The HC, however, observed that trial will take place against the bribe taker who knowingly signed and sent cheques to the complainant that the banks didn’t honour
- But the HC will not help the complainant in recovery of money in an ‘illegal-deal’.
