Sohel Sagir Ahmed Patel v. The State Of Maharashtra And Others

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 6984 OF 2021 Sohel s/o Sagir Ahmed Patel, Age; 19 years, Occ; Education, R/o; Plot No. 6, Gut No. 38, Umer Colony, Patel Nagar, Beed By Pass Road, Aurangabad.

...PETITIONER

VERSUS

1.

The State of Maharashtra, Through its Secretary, School Education Department, Mantralaya, Mumbai -32.

2.

The Deputy Director of Education, Pune-1, Pune.

3.

Maharashtra State Board of Secondary and Higher Secondary Education, Aurangabad Divisional Board, Railway Station Road, Usmanpura, Aurangabad.

4.

The Education Officer (Primary), Zilla Parishad, Aurangabad.

Dist. Aurangabad.

5.

The Education Officer (Secondary), Zilla Parishad, Aurangabad.

Dist. Aurangabad.

6.

The Education Officer (Higher Secondary), Pune Division, Pune.

7.

Head Master, Moinul Uloom Primary School, Silk Milk Colony, Near Railway Station, Aurangabad.

8.

Head Master, Moinul Uloom High School, Silk Milk Colony, Near Railway Station, Aurangabad.

9.

Principal, Deogiri College, Usmanpura, Aurangabad.

..RESPONDENTS.

...

Advocate for the Petitioner : Mr. Shaikh Ashraf Mannulal Patel h/f Mr. Shaikh Kayyum N. Patel.

AGP for Respondent Nos. 1, 2, 5 & 6 -State : Miss. R.P. Gour Advocate for Respondent No. 3 : Mr V.R. Sonwalkar Advocate for Respondent Nos. 7 & 8 : Mr. Sohel E. Siddiqui ...

CORAM : MANGESH S. PATIL & SANDEEP V. MARNE, JJ.

DATE : 29.09.2022.

ORAL JUDGMENT : (PER - SANDEEP V. MARNE, J) 1.

Rule, made returnable forthwith. With the consent of the learned Advocates for the respective parties, heard finally at the stage of admission.

2.

The present petition is filed for correction of entry of name in the certificate and the mark sheet issued by Maharashtra State Board of Secondary and Higher Secondary Education, Aurangabad.

3.

It is common knowledge that the entry of name of the petitioner in the School record has been corrected by the Education

Officer by order dated 04.12.2020 and accordingly petitioner's name has been corrected from, "Sohel Patel Sagheer Ahmed Patel" to "Sohel Sagir Ahmed Patel".

4.

By order dated 23.02.2021. issued by the Board, the Board has refused to correct the entry on the ground that the change was sought to be effected after the petitioner has left the school. 5.

The issue is now no more res-integra, as is covered by the decision of this Court in Ku. Dhanashree Ravindra Thokle Vs. The Divisional Secretary, M.S. Board of Secondary & Higher Secondary Education, Aurangabad Divisional Board, Aurangabad, Writ Petition No. 14682 of 2021 decided on 19.09.2022.

6.

Consequently the petition is allowed. The decision of the Board dated 23.02.2021 is set aside and the respondent Board is directed to correct the entry of the name of the petitioner as "Sohel Sagir Ahmed Patel" in the mark sheet and the passing certificate. 7.

The petition is disposed of in the above terms. 8.

Rule is made absolute.

( SANDEEP V. MARNE ) ( MANGESH S. PATIL ) JUDGE JUDGE mahajansb/