Mr. Arun Tambe v. State Of Maharashtra And ORS.

Urmila Ingale

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 7029 OF 2017 Mr.Arun Tambe .. Petitioner Vs.

State of Maharashtra and ors.

.. Respondents Mrs.Neeta Karnik, for the Petitioner.

Mr.V.M.Mali, AGP for Respondents No. 1 & 6 - State. Mr.S.B.Shetye a/w Mr.Mayur Jadhav, for Respondents No. 4 & 5.

Mr.Kiran Gandhi a/w Mr.Anuj Jaiswal I/b M/s.Little & Co;l, for Respondents No. 2 & 3.

CORAM : B.R.GAVAI & M.S.KARNIK, JJ.

DATE : 15th OCTOBER, 2018 P.C. :

.

The Petitioner has approached this Court for changing his name which is on record as 'Arun Sondkar' to 'Arun Tambe'. After attaining the age of 18, the Petitioner has decided to change his surname as that of his mother's present surname. Accordingly the change is notified in the Gazette notification. 1/3

2.

The Division Bench of this Court in Writ Petition No. 433 of 2012 had an occasion to consider the similar issue. 3.

We are of the view that present Petition also can be disposed of in terms of the view taken by the learned Judges of the Division Bench.

4.

In that view of the matter, the Petition is disposed of with the following directions.

i) The Petitioner shall make an application to the Deputy Director of Education, Mumbai Region, Mumbai in accordance with the Rule 26.4 of the Secondary Schools Code (Revised Edition, 1979) and Appendix

(6) thereof.

ii) The said application shall be decided by the Deputy Director of Education, Mumbai within a period of 4 weeks from the date on which the said application is made after giving an opportunity of being heard to the Petitioner and after considering the material to be placed on record by the Petitioner.

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iii) In the event, the Deputy Director of Education, Mumbai allows the application of the Petitioner and directs the corrections/changes in the name of the Petitioner in the school record, necessary corrections/changes shall be carried out by the Respondent No.3 and Respondent No.5 in SSC certificate and the degree certificate respectively. iv) The same shall be done by Respondent No.3 and Respondent No. 5 within a period of 2 weeks from the date on which the Petitioner produces the order passed by the Deputy Director of Education, Mumbai.

(M.S.KARNIK, J.) (B.R.GAVAI, J.) 3/3