Danish Baseerat Ali Siddiqui And Another v. The State Of Maharashtra And Others
1 WP 10878-16
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD WRIT PETITION NO. 10878 OF 2016 1.
Danish Baseerat Ali Siddiqui Age: 29 yrs. Occ. Student r/o Vidyanekaten colony, Jalna Road, Aurangabad.
2.
Halima Baseerat Ali Siddiqui, Age 65 yrs, occ. Household r/o Vidyanekaten Colony Jalna Road, Aurangabad [GPA Holder for petitioner No. 1) ...PETITIONER versus 1.
The State of Maharashtra Through its Secretary, to the Govt. School Education and sport Department Mantralaya, Mumbai -32.
2.
Education Officer (Primary) Zilla Parishad, Aurangabad.
[Deleted ] 3.
The Education Officer (Secondary) Zilla Parishad, Aurangabad.
4.
The Maharashtra State Board of Secondary and Higher Secondary Education, Pune.
5.
Dr. Babasaheb Ambedkar Marathwada University, Aurangabad.
[Deleted ] 6.
Holly Cross English High School, Aurangabad. [Deleted ] ...RESPONDENTS .....
Mrs. Vaishali Shinde , Advocate for petitioner Mr. K. N. Lokhande, AGP for respondents No. 1 to 3 Mrs. Surekha Mahajan, Advocate for Respondent No. 4 Respondents No. 2, 5 and 6 are deleted .....
2 WP 10878-16 CORAM : R.M. BORDE AND K.K. SONAWANE, JJ.
DATED : 25th OCTOBER, 2016.
ORAL JUDGMENT :- [ Per : R.M. Borde, J.] 1.
Leave to delete respondents No. 2, 5 and 6.
2.
Leave to correct title clause of respondent No. 4 as 'Maharashtra State Secondary and Higher Secondary Board, Aurangabad Division, Aurangabad.' Necessary corrections be made forthwith. 3.
Rule. Rule made returnable forthwith. With the consent of parties, petition is taken up for final decision, at admission stage. 4.
The petitioner is seeking quashment of order passed by the Education Officer (Secondary ) rejecting application tendered by the petitioner No. 1 - Danish Baseerat Ali Siddiqui for corrections of typographical mistake in the name of his father in school record. 5.
It is contended that name of father of petitioner No. 1 in school record is recorded as "Basirat Ali" instead of "Baseerat Ali" and as such typographical mistake needs to be corrected in respect of father's name of petitioner No. 1 in school record. The application tendered by petitioner No. 1, however, has been rejected by the Education Officer, (Secondary) on the ground that since pupil has left the school and as such corrections cannot be effected. The application for corrections of father's name in school record tendered by the petitioner - student received through Headmaster of the school, where pupil was taking education cannot be turned down only on the ground that pupil has left
3 WP 10878-16 the school. Typographical mistake in the school record in respect of father's name of petitioner No. 1 can be corrected.
6. Since corrections sought for is only in respect of typographical mistake appearing in record of father's name of petitioner No. 1, request made by the petitioner for consideration of application for effecting necessary corrections can be favourably considered. Order dated 10-10-2016 passed by the Education officer (Secondary) rejecting application tendered by the petitioner is quashed and set aside. Respondent No. 3 is directed to consider the application tendered by petitioner and issue necessary directions for corrections, which are of the nature of typographical mistake and inadvertent in nature relating to corrections in spelling mistake occurred in recording father's name of petitioner No. 1. Education Officer(Secondary) shall consider the request of the petitioner No. 1 positively and shall not reject the same solely on the ground that pupil has left the school. 7.
Writ petition is allowed in above terms. Rule is made absolute accordingly. There shall be no order as to costs. [K. K. SONAWANE, J.] [R.M. BORDE, J.] MTK