Mahesh Ashok Pentewad v. The State Of Maharashtra Through Its Secretary And Others

952.wp.12017.23.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO.12017 OF 2023 Mahesh s/o Ashok Pentewad ... PETITIONER

VERSUS

1.

The State of Maharashtra through its Secretary, School Education Department, Mantralaya, Mumbai - 400 032.

2.

The Education Officer (Primary) Nanded Waghala City Municipal Corporation, Nanded 3.

The Education Officer (Secondary), Zilla Parishad, Nanded.

4.

The Maharashtra State Board of Secondary and Higher Secondary Education, Pune. Divisional Board, Latur, through its Divisional Secretary.

5.

The Headmaster, Primary School-1, Vazirabad, Nanded Waghala City Municipal Corporation, Nanded.

6.

The Headmaster, Peoples High School, Gokulnagar, Nanded, Tal. & Dist. Nanded.

...

RESPONDENTS ...

Advocate for petitioner : Mr. Rodge Krishna Pratap AGP for Respondents/State : Mr. S.B. Yawalkar Advocate for respondent Nos.2 and 5 : Mr. S.P. Urgunde Advocate for respondent No.4 : Ms. N.D. Patil h/f. Ms. Surekha Mahajan ...

CORAM

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

DATE : 20.10.2023 1/2

952.wp.12017.23.odt PER COURT :

Heard.

2.

The petitioner is seeking correction of the school record in respect of his date of birth.

3.

A request was made by him to the respondent No.2 who is the Education Officer (Primary) of the Nanded Waghala City Municipal Corporation. By communication dated 17.07.2023 he has refused to concede to the request on the ground that he had left the school and the powers could not be exercised under Clause 26.1 of the Secondary School Code, 1977.

4.

In the matter of Janabai d/o. Himmatrao Thakur Vs. State of Maharashtra and Ors.; 2019 (6) Mh.L.J. 769 full bench of this Court has considered all the aspects and inter alia has laid down that merely because a student leaves the school, a request cannot be refused to be considered to exercise the powers under that clause.

5.

We quash and set aside the impugned communication and direct the respondent No.2 - Education Officer (Primary) to pass appropriate order in the light of the decision in the matter of Janabai d/o. Himmatrao Thakur (supra) as expeditiously as possible and in any case within three weeks.

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