Sangita Sunil Satuke v. The State Of Maharashtra And Others

(1) 80-wp-13875-2021

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO.13875 OF 2021 SANGITA SUNIL SATUKE ..PETITIONER

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS ..RESPONDENTS ...

Mr. Shivaji S. Pathade, Advocate for the Petitioner.

Mr. S. B. Pulkundwar, AGP for Respondents-State. ...

CORAM : S. V. GANGAPURWALA & S. G. DIGE, JJ.

DATED : 13th DECEMBER, 2021.

PER COURT:- 1.

At the request of petitioner leave to correct the petitioner.

2.

The petitioner seeks directions to correct the name of the mother of the petitioner in the school record. The name of the petitioner's mother appears as Sangitabai, the same be corrected as Sangita. The proposal was forwarded by the Headmaster to the Education Officer. The Education Officer rejected it on the ground that, the petitioner had left the school.

3.

We have heard the learned A.G.P. for respondent nos.1 to 4.

(2) 80-wp-13875-2021 4.

Full Bench of this Court in a case of Janabai Himmatrao Thakur Vs. State of Maharashtra and Others reported in 2019 (6) Mh.L.J. 769 has observed that, Clause 26.4 of the Secondary School Code is directory and if it is a case of an obvious mistake, then the Education Officer can entertain the application even after student has left the school.

5.

In light of that, the impugned order is quashed and set aside.

6.

The Education Officer shall reconsider the proposal for change of name of mother of the petitioner in the school record afresh. The Education Officer shall first arrive at a conclusion whether obvious mistake exists and if it is a case of an obvious mistake, then shall pass order on its own merits. The said exercise shall be done preferably within a period of four months from today.

7.

Writ Petition is disposed of. No costs.

(S. G. DIGE) (S. V. GANGAPURWALA) JUDGE JUDGE Devendra/December-2021