Abhijit Ramesh Shinde Now Abhijit Shrikrishna Shinde v. The State Of Mah And ORS

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 2686 OF 2012 ABHIJIT RAMESH SHINDE NOW ABHIJIT SHRIKRISHNA SHINDE

VERSUS

THE STATE OF MAHARASHTRA AND ORS ...

Advocate for Petitioner : Shri Palve B.N.

AGP for Respondents 1 & 7 : Shri Shinde B.A.

Advocate for Respondents 4 & 5 : Shri Dande S.S. ...

CORAM : RAVINDRA V. GHUGE & SUNIL K. KOTWAL, JJ. Dated: November 01, 2017 ...

PER COURT :- 1.

By this petition, the petitioner prays that the name of his father 'Ramesh' appearing in the records be deleted and the name 'Shrikrishna' be entered as his father's name in his Birth Certificate, School Leaving Certificate, Secondary School Certificate, Higher Secondary School Certificate and the Income Tax Department's Permanent Account Number Card. 2.

Contention is that the actual name of the petitioner's father is 'Shrikrishna' and what is entered in the records is 'Ramesh'. It is further submitted that by oversight, the name of the father of the petitioner has been mentioned as 'Ramesh' in the Birth Certificate

and the entire School Records. Grievance is that the name of the petitioner's father is not 'Ramesh'.

3.

We have considered the submissions of the learned Counsel for the petitioner and have gone through the record before us. We find that the Birth Certificate indicates the name of the petitioner's father as 'Ramesh Dnyaneshwar Shinde' and his mother's name is 'Bharati Ramesh Shinde'. There is no similarity between the names 'Ramesh' and 'Shrikrishna' so as to believe the contention of the petitioner that there was a mistake in writing the name of his father.

4.

The School Record also indicates that the petitioner's father's name is entered as 'Ramesh'. The application for admitting the petitioner in the First Standard must have been filed by his father. As his father mentioned his name as 'Ramesh', the School authorities entered the said name accordingly. 5.

The Secondary School Certificate issued by the Maharashtra State Board of Secondary and Higher Secondary Education also indicates the father's name as 'Ramesh'. The Higher Secondary Certificate also indicates the same name. The

petitioner has taken admission in the Pragati College of Arts and Commerce, Dombivali, by mentioning his father's name as 'Ramesh' and the Certificate indicating that he has passed his F.Y.J.C. also mentions the same father's name. The petitioner has obtained the PAN Card from the Income Tax Department mentioning his name as 'Abhijit Ramesh Shinde'. 6.

We find from the records that the father of the petitioner has sworn an affidavit on 4.7.2005 stating that his name is 'Shrikrishna'. Based on the same the petitioner got his name changed through the Government Gazette pertaining to the Change of Name, Age and Religion. We do not find the said Gazette to have any evidentiary value since the Maharashtra Government has specifically mentioned in the Gazette that the State Government does not treat the information published in the Gazette as being verified or confirmed by the Government. 7.

Considering the above, we do not find any such document, which can be said to have been maintained under any Statute or a part of the Statutory record by which, the father's name of the petitioner could be seen to be 'Shrikrishna' and not 'Ramesh'.

8.

Based on the material that has been placed before us, we do not find that this petition deserves to be entertained. The same is, therefore, dismissed.

( SUNIL K. KOTWAL, J. ) ( RAVINDRA V. GHUGE, J. ) ...

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