Mulla Mujammil Yadul Through His Guardian Mulla Badesab Yadul v. Maharashtra State Board Of Secondary And Higher Secondary Education And Others

2025:BHC-AUG:19976-DB

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 5962 OF 2025 Mulla Mujammil Yadul Through His Guardian Mulla Badesab Yadul

VERSUS

Maharashtra State Board Of Secondary And Higher Secondary Education And Others ...

• Mr. Palnitkar Sanket Shantaram, Advocate for the Petitioner • Mr. S. P. Sonpawale, AGP for Respondent No. 3 • Mr. S. B. Pulkundwar, Advocate for Respondent Nos. 2 and 4 ...

CORAM

:

MANISH PITALE AND Y. G. KHOBRAGADE, JJ.

DATE : 29.07.2025 PER COURT :

1.

By this petition, the petitioner seeks an appropriate direction to the Headmasters of the primary and secondary schools in which he studied, to forward his proposals for correction of date of birth to the Education Officer (primary) and Education Officer (Secondary) of the Zilla Parishad, Nanded, as per Rule 26.4 of the Secondary Schools Code, 2015.

2.

Although this petition is listed for the first time, we find that the nature of the direction sought on behalf of the petitioner can be granted at this stage, particularly as the respective Education Officers 1/3

of Zilla Parishad are represented by counsels. One of the schools, i.e., the primary school, can also be represented by the same counsel. 3.

The learned counsel for the petitioner has invited our attention to Exhibit - 'G', which is an application/proposal moved before respondent No. 5 - the Secondary School for correction of date of birth and it was received 25.09.2023. A copy of a similar application/proposal moved before respondent No. 4 - the Primary School on 25.10.2023 is tendered. The same is taken on record and marked 'X' for the purpose of identification. 4.

We find that under Rule 26.4, read with Appendix 6 of the Secondary School Code, 2015, the Headmasters of the schools are expected to forward such proposals to the concerned Education Officers for being decided in accordance with law. It appears that no action has been taken by the respective Headmasters on the said proposals.

5.

As we intend to give a direction merely to forward the proposals to the concerned Education Officers, service of notice on respondent No. 5 is dispensed with. As noted earlier, the contesting respondents - Education Officers, Zilla Parishad, Nanded are already represented by counsels.

2/3

6.

In view of the above, the writ petition is disposed of by directing the Headmasters of the primary and secondary schools, i.e., respondent Nos. 4 and 5 respectively, to forward the proposals moved by the petitioner for correction of date of birth to respondent Nos. 2 - the Education Officer (Primary) and respondent No. 3 - the Education Officer (Secondary), within a period of three weeks from the date of receipt of a copy of this order.

7.

Respondent Nos. 2 and 3 shall thereafter decide the said proposals within a period of four weeks, strictly in accordance with law.

8.

We have expressed no opinion on the merits of the case of the petitioner.

9.

In view of the above, the Writ Petition is disposed of. (Y. G. KHOBRAGADE, J.) (MANISH PITALE, J.) 3/3