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Bombay High CourtWP/14443/2021disposed off

Gopal Bhikulal Ramavat v. The State Of Maharashtra And Others

2021-12-21Hon'Ble Shri Justice S V Gangapurwala,Hon'Ble Shri Justice S. G. Dige2 pages

(1) 973-wp-14443-2021

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO.14443 OF 2021 GOPAL BHIKULAL RAMAVAT ..PETITIONER

VERSUS

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

Mr. Swapnil A. Deshmukh, Advocate for the Petitioner.

Mr. A. R. Kale, AGP for Respondents-State.

...

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

DATED : 21st DECEMBER, 2021.

PER COURT:- 1.

The proposal seeking correction in the date of birth of the petitioner in the school record is rejected by the Education Officer.

2.

The learned A.G.P. accepts notice for respondent nos.1 and 2.

3.

The proposal basically is rejected on the ground that, the petitioner has left the school by referring to Clause 26.4 of the Secondary School Code.

4.

Reliance is placed by the learned counsel for the petitioner on the judgment of the 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.

(2) 973-wp-14443-2021 5.

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

6.

The Education Officer shall reconsider the proposal seeking correction in date of birth 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 six (06) months from today.

7.

Writ Petition is disposed of. No costs.

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