Ganesh Uttam Hiwale v. The State Of Maharashtra And Others

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 10910 OF 2016 Ganesh Uttam Hiwale .. Petitioner

Versus

The State of Maharashtra and others .. Respondents Shri Hemraj P. Kshirsagar h/f Shri Deepak D. Chaudhari, Advocate for the Petitioner.

Shri P. S. Patil, Addl. G. P. for Respondent No. 1. Shri Z. Y. Pathan, Advocate for Respondent No. 2. (Absent) Respondent No. 3 served.

Shri M. A. Khan, Advocate for Respondent No. 4. (Absent) CORAM : S. V. GANGAPURWALA & MANGESH S. PATIL, JJ.

DATE : 28 th September, 2017 PER COURT :

1.

The application of the petitioner is routed through the Headmaster to the Education Officer seeking correction of the name of the mother of the petitioner in the school record. It is stated that in school record the name of the mother of the petitioner is recorded as Sonabai, however, the correct name is Laxmibai. The said application is rejected on the ground that the petitioner has left the school.

2.

We have heard the learned Addl. G. P.

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There are documents substantiating the name of the mother of the petitioner as Laxmibai, this aspect will have to be considered by the Education Officer.

4.

Considering the above, the impugned order is quashed and set aside. The Education Officer shall consider the said application on its own merits, as per Rule and follow the procedure as laid down in Rule 26.4 of the Secondary School code read with Appendix VI. The said application shall be decided on merits and shall not be rejected on the ground that petitioner has left the school.

5.

The writ petition accordingly disposed of. No costs. [MANGESH S. PATIL, J. ] [S. V. GANGAPURWALA, J. ] marathe/sep.17