Shaikh Haroon Shaikh Bashir v. The State Of Maharashtra Through Its Principal Secretary And Others

2026:BHC-AUG:19490-DB 2-W.P.NO.4045.2026

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO.4045 OF 2026 Dr. Shaikh Haroon Shaikh Bashir, Age : 57 Years, Occ. Service, r/o.8-Classic Apartment, Shahu Nagar, JDCC Bank Colony, Jalgaon ..Petitioner Vs.

The State of Maharashtra, (Through its Principal Secretary) School Education Department, Mantralaya, M.S. Mumbai and others ..Respondents ---- Mr.V.P.Patil, Advocate for petitioner Mr.V.M.Kagne, AGP for respondent nos.1 to 3 Mr.S.R.Dheple, Advocate for respondent no.4 ---- CORAM : SMT.VIBHA KANKANWADI & AJIT B. KADETHANKAR, JJ.

DATE : APRIL 27, 2026 ORDER :- Present petition has been filed for direction to the respondent no.4 to decide the representation of the petitioner dated 19.01.2026. Alternative prayer has also been made. 2.

Heard Mr.V.P.Patil, learned counsel for the petitioner, Mr.V.M.Kagne, learned AGP for respondent nos.1 to 3 and Mr.S.R.Dheple, learned counsel for respondent no.4.

2-W.P.NO.4045 3.

Learned counsel for the petitioner submits that the petitioner has come with a limited prayer. He has already made the representation to respondent on.4 for effecting correction in the date of birth in the primary school record of the petitioner. That representation dated 19.01.2026 has not been decided. 4.

Here, it is to be noted that though the petition is framed or styled as for deciding the representation of the petitioner yet the fact is that the petitioner contends that he was born at Pachora on 18.11.1968. He has stated that his birth was registered in the Register of Births and Deaths maintained by the Municipal Council, Pachora, Dist. Jalgaon on 21.11.1968 as `18.11.1968'. A copy of the same has been produced by him. According to the petitioner, when he was admitted in the school on 21.06.1973, his birth date was wrongly recorded as 01.06.1968. Thereafter, it was carried forward in all his educational documents. The petitioner has completed M.A., B.Ed. and was appointed as Assistant Teacher on 15.06.1992. His services came to be approved in the year 1994 and he was also promoted as Headmaster. Now, the petitioner states that due to the wrong recording of his date of birth in the school record, he would retire on 31.05.2026.

2-W.P.NO.4045 5.

The petitioner has come with a case that he came to know about recording of the wrong date of birth in the school for the first time in September, 2025, as he applied for the Birth Certificate anticipating verification by the Government Agencies in future for the purpose of National Register of Citizen.

6.

When the petitioner himself is a Teacher, it is hard to believe that he would not have taken precaution to check his date of birth. Further, the petitioner has not come with a case that he was absolutely unaware about the fact that his birth was registered with the Municipal authorities. When he had the knowledge, he should have applied for Birth Certificate. When the petitioner is at the fag end of his service, he cannot seek such directions. However, since such representation has been made, it has to be decided by the respondent no.4.

7.

We dispose of the Writ Petition with a direction to the respondent no.4 - Education Officer (Primary), Zilla Parishad, Jalgaon, to decide the representation made by the petitioner, by the end of June, 2026.

[AJIT B. KADETHANKAR, J.] [ SMT.VIBHA KANKANWADI, J.] ...........

KBP