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Bombay High CourtWP/14914/2019disposed offdismissed for default

Satish Panditrao Mote v. The State Of Maharashtra And Others

2020-03-12Hon'Ble Shri Justice S V Gangapurwala,Hon'Ble Shri Justice Shrikant D. Kulkarni2 pages

110 WP No 14914 of 2019.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 110 WRIT PETITION NO.14914 OF 2019 SATISH PANDITRAO MOTE

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS ...

Advocate for Petitioners : Mr.Nayana D. Patil AGP for Respondent Nos.1 and 2 : Smt.M.A.Deshpande Advocate for Respondent No.4 : Mr.A.A.Jagatkar ...

CORAM : S.V. GANGAPURWALA & SHRIKANT D. KULKARNI, JJ.

DATE : 12/03/2020.

PER COURT :- 1.

The proposal filed by the petitioner for correction of date of birth is rejected by respondent No.2 on the ground that the petitioner has left School. 2.

The Full Bench of this Court in a case of Janabai Himatrao Thakur Vs. State of Maharashtra and others in Writ Petition No.8085/2017 decided on 17th October, 2019, held that the obvious mistake can be corrected even after the students left the School. It is submitted that in the primary-school record of the

110 WP No 14914 of 2019.odt petitioner, date of birth is recorded correctly as 21/07/1960. However, in the Secondary School Certificate it is recorded as 21/07/1959.

3.

Considering the above, the impugned order is quashed and set-aside.

4.

The Education Officer shall take decision upon the proposal for change of date of birth afresh on its own merits preferably within six weeks.

5.

The proposal shall not be rejected on the ground that the petitioner has left the School. 6.

Writ Petition is disposed of. No costs.

( SHRIKANT D. KULKARNI ) ( S. V. GANGAPURWALA ) JUDGE JUDGE SSTare