Jay Ashok Lawate Minor Thou His Natural Guardian Ashok S Lawate v. State Of Maharashtra Thru Secretary, School Edu. And Sports Dept. And ORS

43-wp-14515-2022.doc Nikita

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIRCUIT BENCH AT KOLHAPUR CIVIL APPELLATE JURISDICTION NIKITA KAILAS DARADE WRIT PETITION NO.14515 OF 2022 NIKITA KAILAS DARADE Date: 2025.10.04 10:26:17 +0530 Jay Ashok Lawate ...Petitioner versus The State of Maharashtra and Ors. ...Respondents .....

Mr. Rajvardhan Chougule (through V. C.) i/b Mr. Balasaheb Ligade for the Petitioner.

Ms. Priyanka Rane for the State.

Mr. Pankaj Deokar AGP for the Respondent Nos. 2 and 3. CORAM : M.S. KARNIK & SHARMILA U. DESHMUKH, JJ.

DATE : 3rd OCTOBER, 2025.

P.C:

1.

Heard the learned Counsel for the Petitioner and learned APP for the State.

2.

By the impugned order dated 13th September, 2022, the Block Development Officer Panchayat Samiti, Atpadi has refused change in the date of birth of the Petitioner in the Primary School record. 3.

Application was rejected on the ground that there is no provision for correcting the date of birth, which is entered into the register of the school after the student has left the school. 4.

Learned AGP for the state appears for the State and Mr. Deokar opposed this petition. We find that the issue involved in the present

43-wp-14515-2022.doc petition is squarely covered by the decision of this Court in the case of Shaikh Shafi Ahmed Khadarsab Vs. State of Maharashtra and Ors. 2012

(5) Mh. L. J. 36.

5.

In the present case, application has been rejected not on merits but on technical ground, that it has been made after the Petitioner has left the school.

6.

In this view of the matter, Education Officer ought to consider the application on its own merits and in accordance with law. 7.

The impugned order is set aside. The matter is remitted to the Respondent No.3.

8.

Respondent No.3 to consider the application afresh on its own merits and pass a fresh order in accordance with law. 9.

The application be decided on its own merits within a period of six weeks from the date of communication of this order. 10.

The Writ Petition is disposed of.

[SHARMILA U. DESHMUKH, J.] [M.S. KARNIK, J.]