Ku. Sara Hatim Akolawala v. Deputy Director Of Education, Amravati Division, Amravati And Others

1 wp3235.24

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, AT NAGPUR.

WRIT PETITION NO. 3235 OF 2024 ( Ku. Sara Hatim Akolawala ..vs.. Deputy Director of Education, Amravati Division and others ) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Mr. P.S. Patil, Counsel for the petitioner, Mr. S.M. Ghodeswar, AGP for respondent No.1, Mr. B.B. Tiwari, Counsel h/f. Mr. S. Alaspure, Counsel for respondent No.3. CORAM : NITIN W. SAMBRE & ABHAY J. MANTRI, JJ.

DATED : 20-09-2024 We quash and set aside the order impugned dated 04-04-2024 as same is contrary to the view expressed by the Full Bench judgment of this Court in the matter of Janabai d/o Himmatrao Thakur v. State of Maharashtra and others, 2019(6) Mh.L.J. 769, particularly paragraph No.39(c) which reads thus - "Thus, in the light of the above, an application for change in the name, surname or caste, either due to reasons/cause unnoticed before or even occurring subsequently, being errors which fall within the category of 'obvious mistakes', can be made, even after the student has left school in the light of the language of Clause 26.3 in the manner as indicated by Appendix Six in the forms as prescribed in the S.S. Code." 2.

We permit the petitioner or representative with blood relations to appear before the Deputy Director of Education, Amravati on 07-10-2024 with written notes and such other appropriate documents as she deems necessary so as to support her claim for carrying out corrections in the name of

2 wp3235.24 her mother as it is claimed that the name of stepmother is entered in the school record.

3.

While dealing with the prayer of the petitioner, the Deputy Director of Education shall also be sensitive to the fact that the Education Officer, Amravati has already permitted the corrections in the name of the mother of the petitioner. 4.

Let the decision be communicated to the petitioner within a period of four weeks from the date of appearance of the petitioner before him.

5.

The petition stands partly allowed.

(ABHAY J. MANTRI, J.) (NITIN W. SAMBRE, J.) adgokar