Atual Ragini Kale U/G Of His Mother Namely Ragini Ashabai Kale v. The Union Of India Through Its Secretary And Others

913 WP 6360 OF 2023.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 913 WRIT PETITION NO.6360 OF 2023 ATUAL RAGINI KALE U/G OF HIS MOTHER NAMELY RAGINI ASHABAI KALE

VERSUS

THE UNION OF INDIA THROUGH ITS SECRETARY AND OTHERS ...

Advocate for Petitioner : Mr. Kodale Vikas G. AGP for Respondent Nos. 2 & 3 : Mrs. M.A. Deshpande Advocate for Respondent Nos. 1 & 4 : Mr. B.M. Dhanure Advocate for Respondent No. 5 : Mr. S.S. Manale

CORAM

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

DATE : 06.07.2023 PER COURT :

Heard the learned advocate for the petitioner, learned A.G.P., learned advocate Mr. Dhanure who appears for the respondent Nos. 1 and 4 and learned advocate Mr. Manale,who appears today for respondent No. 5. 2.

The petitioner is seeking correction of his name in the SSC certificate and mark-sheet issued by the respondent No. 4-Board. The Education Officer pursuant to the Rule 26.4 of the Secondary School Code has already passed the order on 09.06.2022 which has been communicated to this respondent No. 5-School (Exh.'B') and pursuant thereto only correction is to be carried out by the respondent No. 4-Board in its record and to issue corrected certificate and mark sheet.

3.

Considering the issue, in our considered view, the respondent No. 4Board cannot go into the legality or otherwise of the proposed correction once the Education Officer under the Secondary School Code, Rule 26.4 has passed the order. It is only a matter of implementation of the order passed 1/2

913 WP 6360 OF 2023.odt by the appropriate authority.

4.

The Writ Petition is allowed and disposed of by directing the respondent No. 4-Board to take appropriate steps pursuant to the order passed by the Education Officer for correction of the petitioner's name in the SSC certificate and mark sheet and to issue a fresh SSC certificate and marksheet to him as expeditiously as possible and in any case within six weeks from today.

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