Dayanand Dadarao Tupe v. The State Of Maharashtra Through Its Principal Secretary And Others

2024:BHC-AUG:67-DB 2.24wp (1)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 36 WRIT PETITION NO. 2 OF 2024 DAYANAND DADARAO TUPE

VERSUS

THE STATE OF MAHARASHTRA THROUGH ITS PRINCIPAL SECRETARY AND OTHERS ....

Mrs Kavita S. Bhale, Advocate for Petitioner; Mr P. K. Lakhotiya, A.G.P. for Respondent Nos.1 & 3 Mr K. N. Shermale, Advocate h/f Mr U. S. Mote, Advocate for Respondent No.2 CORAM : RAVINDRA V. GHUGE AND Y. G. KHOBRAGADE, JJ.

DATE : 2nd January, 2024 PER COURT:

1.

The Petitioner has already received an order from the learned Judicial Magistrate First Class, Phulambri, dated 12/03/2021 in Criminal Misc. Application No.32/2021, by which, his date of birth has been declared to be 01/01/1998. 2.

The learned Advocate representing Respondent No.2 / Secondary and Higher Secondary School Education Divisional Board, Chhatrapati Sambhajinagar (Board), submits that, Respondent No.3/ Education Officer (Secondary), Zilla Parishad,

2.24wp (2) Chhatrapati Sambhajinagar will have to first exercise his powers under Rule 26(3) and 26(4) of the Secondary School Code. 3.

In view of the above, this Writ Petition is disposed off. We direct Respondent No.3 to follow the decision of the Court, dated 12/03/2021, and the pending Application of the Petitioner be accordingly decided within 30 days. Thereafter, the Petitioner would collect the said order and place it before Respondent No.2/Board, by tendering an appropriate Application in accordance with the prescribed procedure. Respondent No.2/Board would issue appropriate certificates within 30 days. (Y. G. KHOBRAGADE, J.) (RAVINDRA V. GHUGE, J.) sjk