Ishita Subodh Seth vs The State Of Maharashtra And ...
2016 Latest Caselaw 808 Bom

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                           IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
                                        BENCH AT AURANGABAD 




                                                                                              
                                WRIT PETITION NO.  8370 OF 2015    




                                                                      
    Ishita Subodh Seth
    age 20 years, occ. Education
    r/o 2, Siddhanchal Residency,
    Near Omkareshwar Temple




                                                                     
    Jai Nagar,
    Jalgaon                                                                         .. PETITIONER


    VERSUS




                                                       
                                  
    1         State of Maharashtra
              Through Secretary of
              Education Department,
              Mantralaya, Mumbai.
                                 
    2.        Deputy Director of Education
              Nashik Division, Nashik

    3.        Principal
      


              M.J. College,
              Jalgaon
   



              Tq. & Dist. Jalgaon                                                 .. RESPONDENTS


    Mr. G.L. Gujar, advocate for petitioner.  





    Mr. S.B. Pulkundwar, AGP for the State.
                                                          =====

                                                               CORAM :  R.M. BORDE &
                                                                          P. R. BORA, JJ.  

                                                               DATE    :  21st MARCH, 2016. 





     
    ORAL JUDGMENT : ( PER R. M. BORDE, J.)


    1.        Heard.



    2.        Rule.     Rule   made   returnable   forthwith.     With   the   consent   of   the 

parties, petition is taken up for final disposal at admission stage.

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3. Petitioner is objecting to the communication dated 12.05.2025 issued

by the Education Officer (Secondary), whereby application tendered by

petitioner seeking correction in her surname appearing the school record

has been turned down.

4. Petitioner prays for issuing directions for effecting correction in the

surname and, application in that regard has been tendered by her to the

Education Officer through the Head Master of the school where she was

taking education. The application appears to have been turned down by the

Education Officer placing reliance on Rule 26(3) of the Secondary School

Code. The aforesaid rule has been interpreted and this Court has taken a

view that application seeking correction in the school record can be

entertained by the Education Officer even after the pupil has left the school.

Reliance can be placed on a judgment in the matter of Azam Khan s/o Dagd

Khan Pathan Vs. State of Maharashtra and others reported in 2011(5)

Mh.L.J. 255 as well as decision of the Division Bench of this Court in the

matter of Arshad Khalid Jamal Vs. State of Maharashtra and others

reported in 2012(4)Mh.L.J. 646.

5. For the reasons recorded in the aforesaid reported judgments, instant

petition deserves to be allowed and the order passed by the Education

Officer needs to be quashed and set aside and, it is accordingly quashed

and set aside. The Education Officer is directed to consider the application

tendered by petitioner through Head Master of school, in accordance with

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the provisions of the Code, as expeditiously as possible, preferably within a

period of four months from today and, it is accordingly directed. Rule made

absolute to the extent specified above. In the facts and circumstances of

the case, there shall be no order as to costs.

    ( P. R. BORA )                                                                    ( R. M. BORDE )
          JUDGE                                                                             JUDGE

    dyb