Bombay High Court
Fakir Lala Shaikh vs State Of Maharashtra And Others on 11 March, 2016
Bench: S.S. Shinde
1 WP2795.2015.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY.
BENCH AT AURANGABAD
WRIT PETITOIN NO. 2795 OF 2015
Fakir S/o Lala Shaikh,
Age : 55 years, Occu. Service,
R/o. A/p. Bhokarmba, Tal. Renapur,
Dist. Latur. Petitioner..
VERSUS
1. The State of Maharashtra,
Through its Secretary,
School Education Department,
Mantralaya, Mumbai - 4000 32.
2. The Education Officer (Secondary),
Zilla Parishad, Latur.
3. The Head Master,
Zilla Parishad Primary School,
Bhokaramba, Tal. Renapur,
Dist. Latur.
4. The Head Master,
Janta Vidyalaya, Pohregaon,
Tal. Renapur, Dist. Latur. Respondents..
........
Mr U. R. Awate, Advocate h/f Mr S. B. Talekar, Advocate for the
petitioner
Mr N. B. Patil, AGP for respondent/State
Respondents No. 3 and 4 served.
..........
CORAM : S. S. SHINDE &
V. L. ACHLIYA, JJ.
DATE : 11TH MARCH, 2016.
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ORAL JUDGMENT: (Per S. S. Shinde, J.)
. Rule. Rule made returnable forthwith. Heard finally with
the consent of the respective parties.
2. The limited relief prayed in this Writ Petition is for
direction against respondent No. 2 - Education Officer (Secondary),
Zilla Parishad, Latur to effect correction in respect of the surname of
petitioner as 'Shaikh', which has been inadvertently recorded as
'Chaprasi' in the school record of respondents No. 3 and 4.
3. Learned counsel for the petitioner submits that, the real
surname of the petitioner is Shaikh, however, his surname was wrongly
recorded as "Chaprasi" instead of "Shaikh" at the time of admission for
1st standard in respondent No. 3 - Zilla Parishad Primary School,
Bhokaramba and same was continued to be "Chaprasi" in respondent
No. 3 as well as respondent no. 4 Schools, which is evident from the
School Leaving Certificates issued by the said respondents.
4. Learned counsel for the petitioner submits that, his surname
is correctly recorded in the Government gazette for changing name as
"Shaikh", which is evident from the copy of government gazette
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published by State of Maharashtra on 13.12.1990. It is the contention of
the petitioner that, his father namely; Lala s/o Shaikh, real uncle namely
Yajab s/o. Abdul Shaikh and real brother namely, Mirja s/o. Lala Shaikh
have surname as 'Shaikh', which is evident from the copies of School
leaving certificates dated 12.03.2014 and 20.03.2014 issued by
respondents No. 3 and 4, nonetheless petitioner's surname has been
recorded as 'Chaprasi' by respondents No. 3 and 4. Learned counsel for
the petitioner submits that, the petitioner should not suffer for the
mistake committed by respondents No. 3 and 4.
It is the contention of the petitioner that, when he got
knowledge about the said mistake, he immediately approached
respondents No. 3 and 4 - school authorities and requested for correction
in respect of his surname by filing appropriate application with
necessary documents provided under Appendix - Six vide Rule 26.4 of
Secondary School Code. He further submits that, respondent No. 4 had
forwarded the proposal to respondent No. 2 - Education Officer
(Secondary), Zilla Parishad, Latur, to correct surname entry by filing
appropriate application, however, the Education Officer had refused to
accept the said application holding that he has no authority to change the
surname after petitioner has left the school.
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5. Learned counsel for the petitioner, so as to bolster his case,
has placed reliance on the judgments and orders of this Court dated
28.10.2010 in Writ Petition No. 3309 of 2010 (Vilas s/o Bajirao
Bhaware & Anr. Vs. The State of Maharashtra & Ors.), 15.01.2010 in
Writ Petition No. 4264 of 2009 (Vinod s/o Bapurao Singewar Vs. The
State of Maharashtra & Ors.) and 08.02.2010 in Writ Petition No. 704 of
2010.
6. This Court vide judgment and order dated 08.02.2010
delivered in Writ Petition No. 704 of 2010, has held that, as per
Government Resolution dated 16.03.1983 read with Appendix Six of the
Secondary School Code, the authority is vested with the powers to
sanction the corrections.
7. In that view of the matter, we allow the petition by
permitting the petitioner to make fresh application through respondent
No. 4. Respondent No. 4 shall forward the same to respondent No. 2 -
Education Officer (Secondary), Zilla Parishad, Latur within a period of
two weeks from the date of receipt of said application. Respondent No.
2, on receipt of the said application, shall decide the same on its merits
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in the light of observations made herein above and the provisions under
Appendix-Six vide Rule 26.4 of Secondary School Code and Schedule
thereunder, within a period of one month thereafter.
8. Rule made absolute in the aforesaid terms with no order as
to costs.
[ V. L. ACHLIYA, J. ] [ S. S. SHINDE, J. ]
sgp
