Ganesh Kacharuji Ghansavadh v. The State Of Maharashtra Through Its Secretary And Others

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 911 WRIT PETITION NO.2156 OF 2023 GANESH KACHARUJI GHANSAVADH

VERSUS

THE STATE OF MAHARASHTRA THROUGH ITS SECRETARY AND OTHERS .....

Advocate for Petitioner : Mr. Shaikh Ashraf Patel AGP for Respondent Nos. 1, 2, 5 and 6: Mr. S.K. Tambe Advocate for Respondent No.3 : Ms. Nayana Patil h/f Ms. Surekha Mahajan .....

CORAM : RAVINDRA V. GHUGE AND SANJAY A. DESHMUKH, JJ.

DATED : 23rd FEBRUARY, 2023.

PER COURT :- 1.

The petitioner has put forth prayer clause B as under:- "B) By issuing writ of mandamus or any other appropriate writ or order in the like nature, Respondent No.3 may kindly be directed to make correction in the name of petitioner from incorrect name Arvind Ganesh Ghansawand to correct name as "Arvind Ganesh Ghansavadh" in the Secondary School Certificate and Mark Sheet."

2.

This petition is filed by the father on behalf of the minor son. On 21.2.2023, we had directed the petitioner to place on record the documents pertaining to his school record. Today, we have seen the college certificate of the petitioner, which indicates his surname in Marathi as "घनसावध". In English it is spelt as "Ghansavadh". The

-2S.S.C. school certificate of the petitioner also carries the same surname, but the alphabet "w" is used in place of "v". The document issued by the Aurangabad Municipal Corporation in Marathi indicates the surname as "घनसावध". The said surname has been correctly typed in the caste certificate received by the father. e-SHRAM Card issued by the Ministry of Labour & Employment, Government of India, indicates the surname of the petitioner as "Ghansavadh". Similar is the record pertaining to the bank.

3.

We have perused certain certificates even of the biological brother of the petitioner and other relatives. It is obvious that the surname of the petitioner is "Ghansavadh" which is wrongly mentioned as "Ghansawand" in the H.S.C. school certificate which is based on the school leaving certificate issued by Aura International School.

4.

It is, therefore, obvious that the petitioner's surname has suffered a typographical mistake which can be said to be an obvious mistake, within the parameters of paragraph 39(a) to (d) of the judgment delivered by the Full Bench in Janabai Himmatrao Thakur vs. The State of Maharashtra and others, 2019 (6) Mh.L.J.769. 5.

In view of the above, this petition is disposed off. The petitioner shall make an application for correction in the spelling of his surname under Rule 26(4) of the Secondary School Code to the

-3Education Officer, within 15 days. The Education Officer shall thereafter, pass an appropriate order permitting such change, on or before 31.03.2023. Thereafter, the petitioner can apply to the S.S.C./H.S.C. Board for seeking correction in his surname and simultaneously approach the School for correction of his surname, by placing a copy of this order on record before the said authorities. (SANJAY A. DESHMUKH, J.) (RAVINDRA V. GHUGE , J.) rlj/