Rohit Baburao Singanwad v. The State Of Maharashtra Through School Education Department And Others

2025:BHC-AUG:9532-DB 5-wp13274.2024.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 13274 OF 2024 Rohit Baburao Singanwad ..Petitioner

VERSUS

The State Of Maharashtra, Through School Education Department And Others ..Respondents ---- Mr.C.R.Thorat, Advocate for petitioner Mr.A.S.Shinde, AGP for respondent nos.1 and 2 ----

CORAM

:

R.G.AVACHAT AND PRAFULLA S. KHUBALKAR, JJ.

DATE :

MARCH 28, 2025 ORAL JUDGMENT (PER PRAFULLA S. KHUBALKAR, J) :- Heard learned counsel for the petitioner and learned AGP for respondent nos.1 and 2.

2.

Rule. Rule, made returnable forthwith. Heard finally, with the consent of learned counsel for the parties. 3.

The petitioner has challenged the decision of the Education Officer (Secondary), Zilla Parishad, Nanded, refusing to correct the surname of the petitioner as `Singanwad', which is incorrectly mentioned in the school record as `Shinganwad'. The petitioner had submitted an application on 23.09.2024 through the school authorities

5-wp13274.2024 for correction of the surname. The petitioner's contention was that his surname was correctly recorded in the primary school record, however, subsequently, the mistake occurred and the same is reflected in the Secondary School Certificate. The petitioner submits that in view of the record available, demonstrating correct spelling of the surname, the mistake ought to have been corrected by the Education Officer. The reason for rejection of the application of the petitioner has not been spelt out; but it is submitted by learned counsel for the petitioner that since the student had already left the school, the correction could not be carried out. 4.

We have heard the parties. The incorrect mention of the petitioner's surname appears to be on account of some inadvertence at some level. The correction, if allowed, will not confer any undue benefit to the petitioner. Rather, in the interest of justice, the correction needs to be allowed. We are of the opinion that the mistake of surname as `Shinganwad' instead of `Singanwad' is an obvious mistake and needs to be corrected. In view of the judgment of the Full Bench in the case of Janabai Himmatrao Thakur Vs. State of Maharashtra, 2019(6)ABR 565, the petition can be disposed of by directing the respondents to correct the surname of the petitioner.

5-wp13274.2024 5.

Hence, we allow the petition. The decision taken by respondent - Education Officer, refusing to correct the surname of the petitioner, is quashed. The respondent - Education Officer is directed to allow the petitioner's application for correction of his surname as `Singanwad', within a period of two weeks from the date of receipt of a copy of this order. Based on the decision of the Education Officer, the petitioner is at liberty to apply for correction in the other records before the concerned authorities. Rule is made absolute accordingly.

[PRAFULLA S. KHUBALKAR, J.] [R.G. AVACHAT, J.] KBP