Pappu Alias Ayush Kisan Jadhav v. The State Of Maharashtra Through Its Secretary And Others

2024:BHC-AUG:13635-DB 1 wp 7039.24

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 7039 OF 2024 Pappu @ Ayush Kisan Jadhav .. Petitioner

Versus

The State of Maharashtra and others .. Respondents Shri Madhukar M. Parghane, Advocate for the Petitioner. Shri R. S. Wani, A.G.P. for the Respondent Nos. 1 and 4. CORAM : MANGESH S. PATIL AND SHAILESH P. BRAHME, JJ.

DATE : 09 JULY, 2024.

FINAL ORDER :

.

Heard both the sides.

2.

The petitioner is seeking correction of the school record to the extent of his first name in the light of clause 26.4 of the Secondary School Code. He is aggrieved by the fact that the Education Officer (Secondary) by the impugned communication has refused to consider the request only on the ground that he is no longer studying in the school.

3.

The Full Bench in the matter of Janabai D/o Himmatrao Thakur Vs. The State of Maharashtra and another reported in 2019(6) Mh.L.J. 769, wherein it was held that pupil having left the school may not be an impediment for exercising the powers

2 wp 7039.24 under Clause 26.4 of the S. S. Code in the peculiar facts and circumstances laid down therein. There is no proper scrutiny of the proposal in the light of the observations made in the matter of Janabai D/o Himmatrao Thakur Vs. The State of Maharashtra and another (supra).

4.

Writ petition is allowed partly. Impugned order is quashed and set aside. Education Officer (Secondary)/respondent No. 4 shall reconsider the proposal of the petitioner on its own merits and in the light of the parameters laid down in the matter of Janabai D/o Himmatrao Thakur Vs. The State of Maharashtra and another (supra). The decision shall be taken as expeditiously as possible and in any case within a period of four (04) weeks from today.

5.

Writ petition is disposed of.

[ SHAILESH P. BRAHME, J. ] [ MANGESH S. PATIL, J. ] bsb/July 24