Ujwal Bhagwantrao Patil v. The State Of Maharashtra Through Its Principal Secretary And Others

2024:BHC-AUG:18692-DB 104 WP 4288 24.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 104 WRIT PETITION NO. 4288 OF 2024 UJWAL BHAGWANTRAO PATIL

VERSUS

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

Advocate for the Petitioner : Mr. Savant Vilas P AGP for Respondent nos. 1 & 2 : Mrs. P.J. Borade Advocate for Respondent no. 3 : Mr. E.S. Potdar ...

CORAM

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

DATE : 19.08.2024 PER COURT :

Heard.

2.

The petitioner is seeking correction of the school record to the extent of his surname and is aggrieved by the order passed by the respondent no. 2-Education Officer (Secondary) refusing to consider the request only on the ground that the correction in surname cannot be ordered in the light of Clause 26.4 of the Secondary School Code, in spite of the specific wording of Clause 26.4 referring to correction even in the surname. 3.

No other ground is relied upon by the Education Officer (Secondary) while passing the impugned order. Since it is ex facie inconsistent with the provision of Clause 26.4, the writ petition is allowed. 4.

The impugned order is quashed and set aside. The respondent no. 2Education Officer (Secondary) shall pass a fresh order on the self same proposal, as expeditiously as possible, and in any case within four weeks. 1/2

104 WP 4288 24.odt However, the proposal shall not be rejected on the ground mentioned in the impugned order/communication.

4.

In passing the fresh order, the respondent no. 2-Education Officer (Secondary) would be guided by the decision of the full bench of this Court in the matter of Janabai d/o Himmatrao Thakur Vs. State of Maharashtra and Ors.; 2019 (6) Mh.J.J. 769.

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