Sheela Kishanrao Waghmare v. The State Of Maharashtra And Others

1 25-WP304-17.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO.304 OF 2017 Sheela w/o. Kishanrao Waghmare, Age : 29 years, Occ. Anganwadi Sevika, r/o. Tontaba, Tq. Kinwat, Dist. Nanded ..Petitioner Vs.

The State of Maharashtra, Through its Secretary, Women and Child Development Department, Mantralaya, Mumbai and ors.

..Respodents -- Mr.C.R.Thorat, Advocate for petitioner Mr.A.B.Girase, G.P. for respondent nos.1 and 3 Mr.S.B.Pulkundwar, Advocate for respondent no.2 -- CORAM : V.M. KANADE AND SANGITRAO S. PATIL, JJ.

DATE : JANUARY 18, 2017 PER COURT :

Heard.

2.

The petitioner had applied for correction of her date of birth after she has passed out from the school. Respondent no.3 - Education Officer

2 25-WP304-17.odt has refused to entertain the application relying on 26.4 of the S.S. Code.

3.

Our attention is invited to a judgment in the case of Shaikh Shafi Ahmed Khadarsab Vs. The State of Maharashtra and ors., 2012(7) All.MR.437. In view of the said judgment, the Education Officer should not have summarily rejected the application filed by the petitioner for correction in her date of birth and should have followed the ratio laid down the in the said judgment.

4.

We, therefore, direct respondent no.3 - Education Officer (Secondary), Zilla Parishad, Nanded to decide the application of the petitioner on merits and in accordance with law under Rule 26.4 of the S.S. Code, within a period of four weeks from today.

5.

With these direction, the petition stands disposed of.

[SANGITRAO S. PATIL, J.] [V.M. KANADE, J.] kbp