Shaikh Akhtar Ahmed Shaikh Basheer Ahmed v. The State Of Maharashtra Through Secretary And Others

2025:BHC-AUG:10508-DB 109 WP NO. 4717 OF 2025

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 4717 OF 2025 SHAIKH AKHTAR AHMED SHAIKH BASHEER AHMED

VERSUS

THE STATE OF MAHARASHTRA THROUGH SECRETARY AND OTHERS ...

Mr. Farooqui Luqmaan Kaseem Farooqui, Advocate for the Petitioner Ms. V. N. Patil Jadhav, AGP for Respondent Nos. 1 to 3 ...

CORAM

:

MANGESH S. PATIL AND PRAFULLA S. KHUBALKAR, JJ.

DATE : 07.04.2025 PER COURT :

.

Heard.

2.

The petitioner is challenging the order of respondent No. 3 - the Education Officer (Secondary) dated 13.09.2024, whereby he has returned the proposal forwarded by the headmaster for carrying out necessary corrections to the school record of the petitioner resorting to Rule 26.4 of the Secondary School Code on the ground that the petitioner had left the school long back. 3.

We have heard learned AGP for respondent Nos. 1 to 3. 4.

The impugned communication reflects that under the perception that the power under Rule 26.4 of the Secondary School 1/2

109 WP NO. 4717 OF 2025 Code cannot be exercised after the student has passed out from the school would not be wholly legally sustainable ground in light of parameters laid down in the matter of Janabai d/o Himmatrao Thakur Vs. State of Maharashtra and Ors.; 2019 (6) Mh.J.J. 769. In appropriate case, such correction can be made by resorting to the very same provision, even if the student has left the school. The impugned communication does not reflect that respondent No. 3 - the Education Officer (Secondary) has born in mind these parameters. The order/communication is not legally sustainable. Respondent No. 3 - the Education Officer (Secondary) will have to undertake threadbare scrutiny applying parameters/observations laid down in the matter of Janabai (Supra).

5.

The writ petition is allowed partly. The impugned communication is quashed and set aside. Respondent No. 3 - the Education Officer (Secondary) shall reconsider the same proposal on its own merits and by bearing in mind and applying the principles laid down in the matter of Janabai (Supra). The decision shall be taken afresh, as expeditiously as possible, and in any case, within six weeks.

(PRAFULLA S. KHUBALKAR, J.) (MANGESH S. PATIL, J.) jhs/ 2/2