Shaikh Javeed Shaikh Khadarsab v. The State Of Maharashtra Through Secretary And Others

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 81 WRIT PETITION NO.8967 OF 2022 SHAIKH JAVEED SHAIKH KHADARSAB

VERSUS

THE STATE OF MAHARASHTRA THROUGH SECRETARY AND OTHERS ...

Advocate for Petitioner: Mr. Santosh B. Gastgar AGP for Respondent/State: Mr. P. K. Lakhotiya ...

CORAM:RAVINDRA V. GHUGE AND ARUN R. PEDNEKER, JJ.

DATE: 06th SEPTEMBER, 2022 PER COURT:

1.

The Petitioner has put-forth prayer clause 'B', as under:- "(B) By issuing writ of Mandamus or any other appropriate writ, order or directions in the like nature to direct the respondent No.3 to 9 to make necessary correction in the name of petitioner in Marathi as "शेख जावीद खादरसाब"

instead "शेख जावेद खादरसाब" and in English as "SHAIKH JAVEED KHADARSAB" instead "SHAIKH JAVED KHADARSAB" in petitioner's educational record under the provisions of Sec.15, Appendix-Six of Secondary School Code and in view of Full Bench Judgment in the case of Janabai Himmatrao Thakur Versus State of Maharashtra;"

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The learned Advocate for the Petitioner submits on instructions that the Petitioner spells his name in English as 'Javeed'. We have perused the school record which indicates the name of the Petitioner as 'शेख जावेद शेख खादरसाब'. His SSC certificate also indicates his name as 'शेख जावेद शेख खादरसाब' and which is spelt in English as 'Shaikh Javed Shaikh Khadarsab'. His entire school record as well as the college record indicates that his name is 'शेख जावेद'. Even his Birth Certificate indicates his name as 'शेख जावेद खादरसाब'. However, in English, he spells his name as 'Shaikh Javeed Khadarsab', which according to the learned Advocate for the Petitioner would sound as 'शेख जावीद खादरसाब'.

3.

We are unable to accede to the request of the Petitioner, that his name should be pronounced as 'शेख जावीद'. All throughout, his name in Marathi is clearly mentioned as 'शेख जावेद'.

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In so far as the Birth Certificate and the Scheduled Tribe Validity Certificate are concerned, the name of the Petitioner is spelt in English as 'Javeed'. Being a proper noun, the Petitioner can spell his name by adding one 'e', which would not change his actual name appearing as 'जावेद' in Marathi, Hindi and in Urdu.

5.

In view of the above, we cannot accept the prayer put-forth by the Petitioner seeking a change of his name appearing in Marathi and Hindi as 'जावीद', in the light of the conclusions drawn by the learned Full Bench of this Court in the matter of Janabai d/o Himmatrao Thakur Vs. State of Maharashtra and others, 2019 (6) Mh.L.J. 769, in Paragraph No. 39.

6.

This Petition is dismissed.

[ARUN R. PEDNEKER, J.] [RAVINDRA V. GHUGE, J.] marathe