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Bombay High CourtWP/12960/2017disposed offdismissed for default

Mohammad Zeeshan Mohammad Fiaz v. The State Of Maharashtra And Others

2017-12-21Hon'Ble Shri Justice S V Gangapurwala,Hon'Ble Shri Justice V.L. Achliya4 pages

1 W.P.No.12960/17

IN THE HIGH COURT OF JUDICATURE

AT BOMBAY BENCH AT AURANGABAD.

WRIT PETITION NO.12960 OF 2017 Mohammad Zeeshan Mohammad Faiz... Petitioner.

Versus

The State of Maharashtra and others.

... Respondents.

...

Mrs.Vaishali A.Shinde,advocate for the petitioner Mr.C.S.Kulkarni, A.G.P. for the State.

Mr.C.D.Biradar, advocate for Respondent No.2 absent.

Ms.Surekha Mahajan, advocate for Respondent No.4. ...

CORAM : S.V.GANGAPURWALA AND V.L.ACHLIYA,JJ.

Date : 21.12.2017.

PER COURT :

1.

Learned counsel for petitioner seeks leave to delete Respondent No.2.

2.

Leave granted.

3.

It is submitted that the petitioner had moved the Education Officer for correction of the

2 W.P.No.12960/17 name of the father in the HSC certificate. The Education Officer has rejected the application on the ground that the petitioner had left the School.

4.

We have heard learned counsel for Respondent.

5.

Clause 26.4 read with Appendix Six of the Secondary School Code permits correction in the record of the School. The petitioner is taking education in the Bachelor of Engineering. 6.

As the petitioner is still taking education, the reason given by the Respondent would not survive and there is not much delay also.

7.

Considering above, we pass the following order :

a) The impugned order is quashed and set aside. The Respondent Education Officer shall accept the proposal of the petitioner for change

3 W.P.No.12960/17 in name of the father as suggested process the same and with its notings forward it to the authorities. The Respondent No.4 shall take suitable steps in accordance with law with regard to change of name of the father in the HSC certificate.

The said exercise be done expeditiously, preferably within three (3) months.

b) The Writ Petition is disposed of. No costs.

(V.L.ACHLIYA,J.) (S.V.GANGAPURWALA,J.) asp/office/wp12960.17

4 W.P.No.12960/17