Vijay Ashok Choure Alias Vijay Ashruba Choure Through Its Natural Guardian v. The State Of Maharashtra Through The Secretary And Others

907 WP 5266 OF 2023.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 907 WRIT PETITION NO.5266 OF 2023 MANISHA ASHOK CHOURE MANISHA ASHRUBA CHOURE

VERSUS

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

Advocate for Petitioner : Mr. Totawad Omprakash D. AGP for Respondent Nos. 1 : Mr. S.G. Sangale Advocate for Respondent No. 2 : Mr. Suryawanshi Prashant D. Advocate for Respondent No. 3 : Mr. S.S. Thombre ...

908 WRIT PETITION NO.5274 OF 2023 VIJAY ASHOK CHOURE ALIAS VIJAY ASHRUBA CHOURE THROUGHITS NATURAL GUARDIAN

VERSUS

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

Advocate for Petitioner : Mr. Totawad Omprakash D. AGP for Respondent Nos. 1 : Mr. S.G. Sangale Advocate for Respondent No. 2 : Mr. Suryawanshi Prashant D. ...

CORAM

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

DATE : 09.08.2023 PER COURT :

Heard both the sides finally.

2.

The petitioners in both these petitions are seeking correction of their school record in respect of first name of their father. By the similar orders, the respondent No. 2-Education Officer (Secondary) has refused the proposals received by him from the headmasters of the schools on the ground that by virtue of Clause 26.4 of the Secondary School Code, the school record cannot be corrected after the pupil has passed out of the 1/2

907 WP 5266 OF 2023.odt school. In fact, 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, has expressly laid down that this is not a legally sustainable ground. If it is an obvious mistake, such correction can be made even after the pupil has left the school. Consequently, only reason assigned by the respondent No. 2-Education Officer (Secondary) in both these matters to refuse or reject the proposals for correction of the school record is not sustainable in law. 3.

The Writ Petitions are allowed. The impugned orders are quashed and set aside. The matters are remitted back to the respondent No. 2Education Officer (Secondary) Zilla Parishad Beed for decision afresh in the light of the decision in the matter of Janabai d/o Himmatrao Thakur (supra). The decision shall be taken as expeditiously as possible and in any case within four weeks from today.

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