Vinod Devidas Wagh v. The State Of Maharashtra And Others

1 W.P.No.9539/16

IN THE HIGH COURT OF JUDICATURE AT

BOMBAY BENCH AT AURANGABAD.

WRIT PETITION NO.9539 OF 2016 Vinod S/o Devidas Wagh ... Petitioner.

Versus

The State of Maharashtra and others.

... Respondents.

...

Mr.R.R.Karpe, advocate for the petitioner.

Miss. R.P.Gaur, A.G.P. for the State.

Mr.Prasad Jadhavar, advocate holding for Mr.S.V.Dixit, advocate for Respondent No.4.

...

CORAM : S.V.GANGAPURWALA AND SANGITRAO S. PATIL,JJ.

Date : 17.04.2017.

PER COURT :

1.

Heard.

2.

The petitioner seeks correction in the School Leaving Certificate with regard to the name of his mother. It is submitted that the mother of the petitioner died when the petitioner was small child. The father of the petitioner

2 W.P.No.9539/16 remarried and in the School record, name of the step-mother of the petitioner is recorded. The birth certificate of the petitioner also records the correct name of the mother of the petitioner. Learned counsel submits that the name of the mother requires to be changed. The father has filed affidavit thereby stating correct facts. 3.

Learned A.G.P. submits that as the petitioner has left the School, the said correction can not be carried out.

4.

The correction sought by the petitioner is not with regard to the change of date of birth or with regard to the caste, however, it is with regard to change in the name of the mother. The birth certificate of the petitioner is produced on record, so also the affidavit of the father of the petitioner stating that the name of the mother of the petitioner is Gayabai and she has expired in 1998 and has performed second marriage with Manisha, who is the step-mother of the petitioner.

3 W.P.No.9539/16 4.

Considering this peculiar circumstance, the Respondent shall entertain the application of the petitioner for correction of the name of the mother of the petitioner in accordance with clause 26.4 read with Appendix VI of the School Code, after verifying the documents. The same be done expeditiously, preferably within four (4) months.

5.

The Writ Petition is disposed of. No costs.

(SANGITRAO S. PATIL,J.) (S.V.GANGAPURWALA,J.) asp/office/wp9539.16

4 W.P.No.9539/16