Bajirao Manjabapu Ghumbare v. Dy. Director (Education), (Secondary And Higher Secondary) State Of Maharashtra And ORS.

97. WP 10494 of 2018.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 10494 OF 2018 Bajirao Manjabapu Ghumbare

...Petitioner

vs.

Dy. Director (Education), (Secondary and Higher Secondary) State of Maharashtra and Ors.

...Respondents

***** Mr. Ganesh Bhujbal - Advocate for the Petitioner Mr. S. L. Babar - AGP for the Respondent-State. ***** CORAM :

S.V. GANGAPURWALA AND S. M. MODAK, JJ.

DATE :

13th JULY, 2022 P. C. :- 1.

The proposal is submitted for correction of date of birth in the school record is rejected.

2.

The application/proposal seeking correction of date of birth in the school record is rejected relying upon the clause 26.4 of the Secondary School Code. The Full bench of this Court in case of Janabai Himmatrao Thakur Vs. The State of Maharashtra in Writ Petition No. 8085 of 2017, decided on 17/10/2019 has held that Clause 26.4 of the Secondary School Code is directory and if genuine mistake is committed the same can be corrected even if students have left the school. 3.

In light of that, impugned Order is quashed and set aside. The SEEMA KSHITIJ YELKAR by SEEMA KSHITIJ YELKAR Date: 2022.07.20 17:46:47 +0530 Seema 1/2

97. WP 10494 of 2018.doc Deputy Director of Education shall reconsider the proposal for seeking correction of date of birth of the Petitioner in the school record afresh on its own merits and shall take decision in light of the judgment of the Full bench of this Court Janabai Himmatrao Thakur (Supra). 4.

Writ Petition is disposed of. No costs.

[S. M. MODAK, J.] [S.V. GANGAPURWALA,J.] Seema 2/2