Mohd Mubashshir Ali Khurshid Ali Shaikh v. The State Of Maharashtra Through Its Secretary And Others

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IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD 915 WRIT PETITION NO.1871 OF 2023 MOHD MUBASHSHIR ALI KHURSHID ALI SHAIKH

VERSUS

THE STATE OF MAHARASHTRA THROUGH ITS SECRETARY AND OTHERS Mr.V.A.Bagal, Advocate for the petitioner.

Mr.S.K.Tambe, AGP for respondent/State.

Mr.M.K.Jadhav, Advocate for respondent No.3.

( CORAM : RAVINDRA V. GHUGE AND SANJAY A. DESHMUKH, JJ.) DATE : FEBRUARY 16, 2023 PER COURT :

1.

The petitioner has preferred this petition contending that the spelling of his father's name is wrongly spelt in some of the records. His father's name appears in Hindi or Marathi as "[kq'khZn vyh". This can be spelt as Khursheed Ali and also as Khurshid Ali. The school record pertaining to the petitioner as on 06.08.1999 indicates the spelling of his father's name as Khurshid. In the school leaving certificate, it was wrongly spelt as Khursheed Ali. This led to further errors in the record. The petitioner is now 35 years old and seeks an order of correction since the discrepancy in the spellng of his father's name has blocked his

- 2 - passport.

2.

The learned AGP and the learned Advocate have appeared for respondent Nos. 1, 2 and 3 respectively.

3.

Considering the Law laid down by the learned Full Bench of this Court in Janabai d/o Himmatrao Thakur Vs. State of Maharashtra and others [2019(6) Mh.L.J. 769], the case before us apparently involves an "obvious" mistake. Such mistake can be corrected. The respondent No.3/School has informed the petitioner that he may approach the Education Officer since the School cannot make any change as the petitioner has left the school.

4.

In view of the above, this petition is disposed off with directions as under :

[a] Respondent No.3 Head Master shall refer the case of the petitioner to respondent No.2 under Rule 26(4) of the School Code. [b] The Education Officer (Secondary), after receiving such proposal from the school, would take into account the order passed by this Court and issue appropriate directions for correcting the father's name of the

- 3 - petitioner in English as well as in Hindi and Marathi. [c] The school shall forward the proposal on or before 28.02.2023, and the Education Officer shall accordingly pass order on or before 21.03.2023.

( SANJAY A. DESHMUKH, J. ) ( RAVINDRA V. GHUGE, J.)