Arun Motiram Ahire v. State Of Maharashtra And ORS.

45-WP-5950-2017.DOC jsn

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.5950 OF 2017 Arun Motiram Ahire ... Petitioner V/s.

State of Maharashtra & Ors.

... Respondents Mr. R.K. Mendadkar, with Priyanka Shaw for the Petitioner. Mr. A.R. Kapadnis for Respondent No.3.

Mr. Babar, AGP for State / Respondent Nos.1 and 2.

CORAM:

A.A.SAYED & RIYAZ I. CHAGLA, JJ.

DATE:

18TH FEBRUARY, 2019.

PC:- 1.

The Petitioner has impugned the rejection of his Application by Respondent No.2 - Deputy Director of Education for correction of his caste in his School Leaving Certificate on the ground that such correction cannot be made after leaving school. 2.

The learned Counsel for Respondent No.3 fairly states that in view of the judgment of Division Bench of this Court in Vilas S/o. Dattatraya Ransubhe Vs. The State of Maharahstra & Ors.1 which is also followed in Ravindra Chandramohan Bandi Vs. Education Officer (Primary) and Anr.2 in the event the Petitioner makes a fresh application before the Deputy Education Writ Petition No. 3266 of 2012 decided on 8th October, 2012. Writ Petition No.4694 of 2014 decided on 6th August, 2014. 1/2

45-WP-5950-2017.DOC Officer, the same shall be decided in accordance with law. Learned Counsel for the Petitioner states that such fresh Application shall be made through the School within a period of one month from today. If such Application is made the same shall be decided expeditiously in accordance with law after considering the judgments of this Court. To facilitate the decision on the fresh Application, the impugned remarks dated 1 March, 2017 are set aside. We make it clear that we have not gone into the merits or otherwise of this matter. All contentions including delay and latches are kept open.

3.

The Petition is disposed of accordingly.

( RIYAZ I. CHAGLA J. ) (A.A.SAYED, J.) 2/2