Vishal Sunder Chavan Through Father Sunder Fulsing Chavan v. The State Of Maharashtra And Others

1 928-WP1536-2020+.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 928 WRIT PETITION NO. 1536 OF 2020 Vishal Sunder Chavan Through Father Sunder Fulsing Chavan .. Petitioner

Versus

The State of Maharashtra and others .. Respondents 957 WRIT PETITION NO. 1569 OF 2020 Krushna Dadasaheb Shinde .. Petitioner

Versus

The State of Maharashtra and others .. Respondents Mr. C. A. Jadhav, Advocate for Petitioners.

Mr. A. B. Girase, G. P. for Respondents-State. Ms. Nayana Patil h/f Suresh A. Mahajan, Advocate for Respondent No. 4.

CORAM :

S. V. GANGAPURWALA & SHRIKANT D. KULKARNI, JJ.

DATED : 23rd JANUARY, 2020.

PER COURT:- .

The learned counsel for the petitioners submits that the petitioners have applied for correction in the name of the mother in Writ Petition No. 1536 of 2020 and so also date of birth as 02.02.2002 instead of 10.07.2002. In writ Petition No. 1569 of 2020 the petitioner seeks correction in the name of the father of the petitioner in the record

2 928-WP1536-2020+.odt of respondent No. 4. The Education Officer has passed order for necessary correction in the school records and accordingly the school record is corrected. The respondent No. 4 / Board is not acting upon the orders of the Education Officer.

2.

The learned counsel for respondent No. 4 submits that the petitioners are pressurizing the respondent No. 4 / Board and its members. The petitioners have left the school, as such now the correction cannot be made.

3.

The Full Bench of this Court in Writ Petition No. 8085 of 2017 (Janabai Himmatrao Thakur Vs. The State of Maharashtra and others) in its order and judgment delivered on 17.10.2019 has held that obvious mistakes can be corrected even after the students have left the school. Clause 26.4 of the Secondary School Code is held to be directory to that extent.

4.

According to the petitioners, the Education Officer has already passed order directing correction as is sought by the petitioners in the school record and the same is also effected.

5.

In the light of that, the respondent No. 4 shall take decision upon the applications of the petitioners for correction in the name of the

3 928-WP1536-2020+.odt mother and date of birth of the petitioner in Writ Petition No. 1536 of 2020 and in case of petitioner in Writ Petition No. 1569 of 2020 the correction in the name of the father of the petitioner. The said decision shall be taken before 30.01.2020.

6.

With these observations and directions, writ petitions are disposed of. No costs.

( SHRIKANT D. KULKARNI ) ( S. V. GANGAPURWALA ) JUDGE JUDGE P.S.B.