Kishor Chhagan Koli v. The State Of Maharashtra Through Its Principal Secretary And Others

1 wp.12301.2023

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD.

946 WRIT PETITION NO.12301 OF 2023 KISHOR CHHAGAN KOLI

VERSUS

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

Advocate for Petitioner : Mr. Vitthal G. Salgare AGP for Respondent / State : Mr. K. N. Lokhande Advocate for Respondents No.3 & 4 : Mr. N. N. Desale ...

CORAM : MANGESH S. PATIL AND NEERAJ P. DHOTE, JJ.

DATED : NOVEMBER 30, 2023 PER COURT :

.

Heard both the sides.

2.

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

3.

It need not be emphasized that if the corrections sought fall in the category of obvious mistake as has been interpreted and commented by the Full Bench of this Court in the matter of Janabai d/o. Himmatrao Thakur vs. State of Maharashtra and Ors., 2019 (6) Mh.L.J. 769, no decision could have been taken by the Education Officer on the ground that the petitioner had left the school, without ascertaining if it was so.

2 wp.12301.2023 4.

In light of the above, we proceed to pass the following order:

ORDER

(i) The impugned communication / order is quashed and set aside. The respondent no.3 - Education Officer (Primary) shall take a fresh decision in the light of observations in the matter of Janabai d/o. Himmatrao Thakur vs. State of Maharashtra and Ors., 2019 (6) Mh.L.J. 769, as expeditiously as possible and in any case within four weeks. The writ petition is disposed of accordingly.

[NEERAJ P. DHOTE] [MANGESH S. PATIL] JUDGE JUDGE GGP