Arjun Vitthal Chavan v. The State Of Maharashtra Thr Secretary Education Dept. And ORS

2024:BHC-AS:19134 Sayyed 23-WP.5051.2023 modified.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.5051 OF 2023 Arjun Vitthal Chavan ..Petitioner Vs.

The State of Maharashtra & Ors.

..Respondents __________ Mr. Ajinkya M. Udane for the Petitioner.

Ms. R. A. Salunkhe, AGP for the Respondent-State. __________ CORAM :

A. S. CHANDURKAR & JITENDRA JAIN, JJ.

DATE :

23rd APRIL 2024.

P.C.:

1.

The challenge raised in this writ petition is to the order dated 1st November 2021 passed by the Superintendent, Education Department (Secondary) Zilla Parishad, Solapur and the order dated 30th May 2022 passed by the Education Officer (Primary), Zilla Parishad Kolhapur.

2.

It is seen that since the procedure as prescribed by Clause 26 of the Secondary School Code was not adopted the application came to be rejected.

3.

The learned counsel for the Petitioner seeks leave to withdraw the present writ petition with a further liberty to take fresh steps for having his son's date of birth corrected in the school record in accordance with Clause 26 of the Secondary School Code.

Sayyed 23-WP.5051.2023 modified.doc 4.

In view of aforesaid, the writ petition is permitted to be withdrawn with liberty to take fresh steps to have the Petitioner's son's date of birth corrected in accordance with Clause 26 of the Secondary School Code. If the Petitioner moves any application in that regard within a period of two week's from today, the concerned Authority shall decide the same within a period of four weeks of receiving such application.

5.

Needless to state that in case the Petitioner is aggrieved by the decision he would be free to take such steps as are permissible in law. 6.

All contentions raised in the writ petition are kept open. (JITENDRA JAIN, J.) (A. S. CHANDURKAR, J.) (This order is modified as per speaking order dated 25th April 2024.) Signed by: Sayyed Saeed Ali Designation: PA To Honourable Judge Date: 25/04/2024 19:32:40