Premraj Dnyanoba Gawali v. The State Of Maharashtra And Another

( 1 )

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 11577 OF 2015 PREMRAJ DNYANOBA GAWALI

VERSUS

THE STATE OF MAHARASHTRA AND ANOTHER Mr.S.S.Panale, Advocate for the petitioner.

Mr.S.P.Sonpawale, AGP for respondent/State.

Mr.S.S.Jadhavar, Advocate for respondent No.2. CORAM : S.V.GANGAPURWALA & S.M.GAVHANE,JJ.

DATED :

04.10.2018 P.C. :- 1.

Mr. Panale, learned Counsel submits that there was mistake in recording name of father of the petitioner in school record so also caste. The petitioner has filed application for correction in the school record to that effect. As the application was not being entertained, the petitioner filed Writ Petition bearing No. 11071 of 2014. This Court under order dated 13.04.2015 directed the Education Officer to consider the application of the petitioner on its own merits. Pursuant thereto the Education Officer on 01.07.2015 passed order directing to carry out the correction in the name of the father of the

( 2 ) petitioner in school record. Eventually the school record is corrected and name of the petitioner has been corrected from "Premraj Danial Gavali" to "Premraj Dnyanoba Gavali", so also changed caste was recorded. In the said writ petition the Maharashtra State Board of Technical Education was not party. In view of that the Maharashtra State Board of Technical Education has not carried out the amendment.

2.

Mr. Jadhavar, learned Counsel for the respondent-Board submits that in view of Regulation 13 of the Maharashtra State Board of Technical Education, once diploma certificate issued, correction cannot be carried out.

3.

We have considered the submissions. It appears that the school record of the petitioner has been corrected. Now the certificate issued by the Board would not be in consonance with the school record which is subsequently corrected. The certificate will have to be

( 3 ) in tune with the same.

4.

Considering the peculiar facts, it will be essential to direct the Board to correct the name of the petitioner in the mark-sheet and certificate issued by it, though there is delay in doing so.

5.

Considering the above, the Board shall issue mark-sheet and certificate to the petitioner correcting the name of the father of the petitioner from "Danial" to "Dnyanoba". We have passed present order in the peculiar facts of the case, as narrated above and same would not be a precedent.

6.

The writ petition is accordingly disposed of. No costs.

[S.M.GAVHANE,J.] [S.V.GANGAPURWALA,J.] /2018/ 18/ snk OCT