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Bombay High CourtWP/10164/2022disposed off

Pathan Mohammad Khan Sherkhan v. The State Of Maharashtra Through Its Secretary And Others

2023-08-22Hon'Ble Shri Justice Mangesh S. Patil,Hon'Ble Shri Justice Shailesh P. Brahme2 pages

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 10164 OF 2022 Pathan Mohammadkhan Sherkhan .. Petitioner

Versus

The State of Maharashtra and others .. Respondents Shri G. R. Syed, Advocate for the Petitioner. Shri A. S. Shinde, A.G.P. for the Respondent No. 1. Shri S. B. Pulkundwar, Advocate for the Respondent No. 2. Shri A. S. Avdhare, Advocate for the Respondent Nos. 3 and 4. CORAM :

MANGESH S. PATIL AND SHAILESH P. BRAHME, JJ.

DATE :

22 AUGUST 2023.

FINAL ORDER :

.

Heard. The petitioner is seeking correction of the school record.

2.

The learned advocate for the petitioner submits that inspite of the petitioner having approached the respondent Nos. 3 and 4/school, his application is not being accepted by the school authorities. It is only thereafter the Head Master is supposed to submit a proposal soliciting an order from the Education Officer in terms of Clause 26.4 of the Secondary School Code. 3.

The learned advocate Mr. Avdhare, who appears for the respondent Nos. 3 and 4 on instructions submits that the

2 wp 10164.22 petitioner has never approached the school.

4.

Without indulging into any further scrutiny, in our considered view it would be appropriate to direct the petitioner to appear and submit the application with the respondent Nos. 3 and 4/school for correction of school record. He shall file such application on 28 August 2023. Whereafter the respondent Nos. 3 and 4 shall forward the proposal within a period of one week to the respondent No. 2, who shall thereafter consider and take appropriate decision on the proposal within a period of four (04) weeks of receipt of the proposal from the head master. 5.

Needless to state that the authorities would be guided by the decision of the Full Bench of this Court in the matter of Janabai D/o Himmatrao Thakur Vs. The State of Maharashtra and another reported in 2019(6) Mh.L.J. 769.

6.

The writ petition is disposed of.

[ SHAILESH P. BRAHME, J. ] [ MANGESH S. PATIL, J. ] bsb/Aug. 23