Rujuta Ajitsing Girase Through G.P.A. Ninad Prakashsingh Patil v. The State Of Maharashtra And Others

1 wp 11234.21

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 11234 OF 2021 Rujuta W/o Ajitsing Girase Through G.P.A. Ninad Prakashsingh Patil .. Petitioner

Versus

The State of Maharashtra and others .. Respondents Shri Amarjitsing B. Girase, Advocate for the Petitioner. Shri A. R. Kale, A.G.P. for Respondent Nos. 1 and 8. Shri Rahul S. Pawar, Advocate for Respondent Nos. 2 and 3. Shri Maheshkumar S. Sonawane, Advocate for Respondent Nos. 5 and 6.

CORAM :

S. V. GANGAPURWALA AND R. N. LADDHA, JJ.

DATE :

11TH OCTOBER, 2021.

FINAL ORDER :

.

It is submitted that, application given by the petitioner for change of place of birth is rejected by the Education Officer Primary.

2.

Mr. Girase, the learned advocate for the petitioner submits that, the place of birth of the petitioner is correctly recorded while taking admission in the 10th standard and in the register maintained under the Birth and Death Registration Act by the Municipal Council. Said place of birth is Chopada, however, in the school record of I standard, the place of birth is erroneously recorded as Holnantha. The application is rejected by the

2 wp 11234.21 Education Officer on the ground that the petitioner has left the school.

3.

The learned Assistant Government Pleader accepts notice for respondent Nos. 1 and 8. Mr. Pawar, the learned counsel appears for respondent Nos. 2 and 3. Mr. Sonawane, the learned counsel waives notice for respondent Nos. 5 and 6. 4.

It appears that, the proposal was forwarded by the school to the Education Officer for correction of place of birth. The same is rejected only on the ground that, the petitioner has left the school. The Full Bench of this Court in Writ Petition No. 8085 of 2017 under judgment and order dated 17th October, 2019 has held that obvious mistake can be corrected even after student has left the school.

5.

In the light of the above, the impugned order dated 30.08.2021 passed by the Education Officer is quashed and set aside. The Education Officer shall consider whether obvious mistake exists and shall not reject the application only on the ground that the petitioner has left the school. 6.

In view of the above, the writ petition is disposed of. No costs.

[R. N. LADDHA, J.] [S. V. GANGAPURWALA, J.] bsb/Oct.21