Prakash Hanuman Pattekar 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. 10982 OF 2017 Prakash Hanuman Pattekar .. Petitioner

Versus

The State of Maharashtra and others .. Respondents Shri V. P. Sawant, Advocate h/f Shri A. D. Hande, Advocate for the Petitioner.

Shri S. G. Karlekar, A.G.P. for the Respondent No. 1. Shri P. D. Suryawanshi, Advocate for Respondent Nos. 2 and 3. Ms. Surekha Mahajan, Advocate for the Respondent No. 4. CORAM : S. V. GANGAPURWALA AND ARUN M. DHAVALE, JJ.

DATE : 23RD JANUARY, 2018.

FINAL ORDER :

.

The learned counsel for the petitioner submits that, the petitioner prayed for correction of his date of birth in the school record, however, the application is rejected only on the ground that the petitioner has left the school. The learned counsel submits that, the clause No. 26.4 of the Secondary School Code is directory. Even if, the student leaves the school, record can be corrected. The learned counsel submits that, the birth record maintained by the Gram Panchayat shows correct date of birth of the petitioner as 31.12.1993. The learned counsel submits that,

2 wp 10982.17 the Gram Panchayat record has presumptive value. 2.

We have also heard the learned A. G. P. and the learned counsel for respondent Nos. 2 and 3.

3.

Considering the school record, S.S.C. certificate and the date on which the petitioner has passed 10th standard and the date on which the petitioner has taken admission in the 01st standard. The case put forth by the petitioner does not inspire confidence. If the case of petitioner is accepted, then the petitioner took admission in the 01st standard at the age of two and half years and passed the 10th standard at the age of twelve and half years.

4.

Considering the above anomaly, we are not inclined to entertain the writ petition. The writ petition as such is disposed of. No costs.

[ARUN M. DHAVALE, J.] [S. V. GANGAPURWALA, J.] bsb/Jan. 17