Kailas Mango Thakur v. State Of Maharashtra And Others

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD (1) WP NO.5145/2015 15 WRIT PETITION NO. 5145 OF 2015 KAILAS MANGO THAKUR

VERSUS

STATE OF MAHARASHTRA AND OTHERS ...

Advocate for Petitioner : Mr. D.B. Shinde h/f Mr.Deshmukh Mahesh S.

AGP for Respondent State: Mr. V.H.Dighe ...

CORAM : S.S. SHINDE & P.R. BORA, JJ.

Dated: May 06, 2015 ...

PER COURT :- 1.

Heard.

2.

Limited grievance raised in the petition is in respect of considering the prayer of the petitioner for correction of his school record, in the light of the relevant provisions of Paragraph Nos.26.3 and 26.4 of the Secondary Schools Code. Learned Counsel submits that, the prayer of the petitioner seeking correction is erroneously rejected only on the ground that the petitioner had already left the school. In support of his contention, learned Counsel relies on the judgment of this Court in the case of Vilas Dattatraya Ransubhe Vs. State of Maharashtra and others ( 2013(1) Bom.C.R.666). 3.

The point raised in the petition is no longer - res integra. This Court in number of petitions has held that such prayer for correction in the date of birth or caste in the school record cannot be rejected only on the ground that the AGP/production

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD (2) WP NO.5145/2015 student has left the school.

4.

In that view of the matter, the impugned communication dated 10.3.2015 is quashed and set aside. Respondent nos. 2 and 3 are directed to consider the prayer of the petitioner seeking correction in the school record on its own merits, in the light of provisions of Paragraph Nos.26.3 and 26.4 of Secondary Schools Code as expeditiously as possible, preferably, within three months from today.

Petition stands disposed of in above terms.

( P.R. BORA, J. ) ( S.S. SHINDE, J. ) ...

AGP/production