Rashmi Suresh Thakur v. Education Officer Primary Zilla Parishad Jalgaon

2024:BHC-AUG:17124-DB 46.WP.3521.19.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO.3521 OF 2019 RASHMI SURESH THAKUR

VERSUS

1. EDUCATION OFFICER PRIMARY ZILLA PARISHAD, JALGAON

2. B.U.N. RAYSONY MARATHI PRIMARY SCHOOL, JALGAON ...

Advocate for the Petitioner:Mr. Umesh Gite h/f. Mr. Deshmukh Mahesh S. AGP for Respondents: Mr. Sonawane Maheshkumar S. ...

CORAM

: MANGESH S. PATIL & SHAILESH P. BRAHME, JJ.

DATE : 05.08.2024 ORDER : (SHAILESH P. BRAHME, J.) :

Heard both the sides.

2.

The petitioner is challenging the order dated 06.03.2017 passed by respondent - Education Officer, rejecting his application for correction of the school record.

3.

Petitioner had submitted his application for correction of caste which was wrongly recorded in his school record. The application was forwarded to the Education Officer in the prescribed formate. By impugned order Education Officer rejected the application only on the ground that under Rule 26.4 of Secondary School Code, 1977 it was not permissible to carry out any correction ones the pupil leaves the school. 1/2

46.WP.3521.19.odt This issue is no more res integra. Already in the matter of Janabai d/o. Himmatrao Thakur Vs. State of Maharashtra and Ors.; 2019 (6) Mh.L.J. 769, the legal position has been made clear. The impugned order is unsustainable.

4.

We, therefore, dispose of this writ petition by quashing the impugned order and relegating the matter to the Education Officer to decide it afresh in view of parameters laid down in matter of Janabai d/o. Himmatrao Thakur (supra). The decision shall be taken within a period of four weeks.

(SHAILESH P. BRAHME, J.) (MANGESH S. PATIL, J.) habeeb 2/2