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Bombay High CourtWP/10060/2023disposed off

Abhishek Balaji Wagale v. The State Of Maharashtra Through Its Principal Secretary And Others

2023-09-04Hon'Ble Shri Justice Mangesh S. Patil,Hon'Ble Shri Justice Shailesh P. Brahme2 pages

09 WP 10060 OF 2023.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 9 WRIT PETITION NO.10060 OF 2023 ABHISHEK BALAJI WAGALE

VERSUS

THE STATE OF MAHARASHTRA THROUGH ITS PRINCIPAL SECRETARY AND OTHERS ...

Advocate for Petitioner : Mr. Shinde Balaji S. AGP for Respondent No. 1 : Mr. S. G. Sangale Advocate for Respondent No. 2 : Mr. Ghute Suhas B.

CORAM

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

DATE : 04.09.2023 PER COURT :

Heard the learned advocate for the petitioner and the learned advocate Mr. Ghute who appears for the respondent no. 2-Education Officer (Primary).

2.

It appears that the petitioner is seeking correction of the primary school record. The respondent No 3 is the headmaster. However, it appears that though the petitioner had addressed request letters to the rest of the headmasters of different schools, he did not make any such representation to the respondent No. 3. Unless there is a proposal from headmaster, the respondent No. 2 Education Officer (Primary) will not be able to take appropriate decision under Clause 26.4 of the Secondary School Code. 3.

We dispose of the writ petition by permitting the petitioner to approach the respondent No. 3 with a request letter, whereupon the respondent No. 3 shall make appropriate proposal to the Education Officer (Primary) within two weeks of receipt of the petitioner's application. 1/2

09 WP 10060 OF 2023.odt 4.

The Education Officer (Primary) after receipt of the proposal shall pass appropriate order within four weeks from the date of receipt of the proposal in the light of the observations made in the matter of Janabai d/o Himmatrao Thakur Vs. State of Maharashtra and Ors.; 2019 (6) Mh.J.J. 769.

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