Bombay High Court
Danish Baseerat Ali Siddiqui And ... vs The State Of Maharashtra And ... on 25 October, 2016
Bench: R.M. Borde
1 WP 10878-16
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
WRIT PETITION NO. 10878 OF 2016
1. Danish Baseerat Ali Siddiqui
Age: 29 yrs. Occ. Student
r/o Vidyanekaten colony,
Jalna Road, Aurangabad.
2. Halima Baseerat Ali Siddiqui,
Age 65 yrs, occ. Household
r/o Vidyanekaten Colony
Jalna Road, Aurangabad
[GPA Holder for petitioner No. 1)
ig ...PETITIONER
versus
1. The State of Maharashtra
Through its Secretary,
to the Govt. School Education
and sport Department Mantralaya,
Mumbai -32.
2. Education Officer (Primary)
Zilla Parishad, Aurangabad. [Deleted ]
3. The Education Officer (Secondary)
Zilla Parishad, Aurangabad.
4. The Maharashtra State Board of
Secondary and Higher Secondary
Education, Pune.
5. Dr. Babasaheb Ambedkar Marathwada
University, Aurangabad. [Deleted ]
6. Holly Cross English High School,
Aurangabad. [Deleted ] ...RESPONDENTS
.....
Mrs. Vaishali Shinde , Advocate for petitioner
Mr. K. N. Lokhande, AGP for respondents No. 1 to 3
Mrs. Surekha Mahajan, Advocate for Respondent No. 4
Respondents No. 2, 5 and 6 are deleted
.....
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2 WP 10878-16
CORAM : R.M. BORDE AND
K.K. SONAWANE, JJ.
DATED : 25 th OCTOBER, 2016.
ORAL JUDGMENT :- [ Per : R.M. Borde, J.]
1. Leave to delete respondents No. 2, 5 and 6.
2. Leave to correct title clause of respondent No. 4 as 'Maharashtra
State Secondary and Higher Secondary Board, Aurangabad Division,
Aurangabad.' Necessary corrections be made forthwith.
3.
Rule. Rule made returnable forthwith. With the consent of
parties, petition is taken up for final decision, at admission stage.
4. The petitioner is seeking quashment of order passed by the
Education Officer (Secondary ) rejecting application tendered by the
petitioner No. 1 - Danish Baseerat Ali Siddiqui for corrections of
typographical mistake in the name of his father in school record.
5. It is contended that name of father of petitioner No. 1 in school
record is recorded as "Basirat Ali" instead of "Baseerat Ali" and as such
typographical mistake needs to be corrected in respect of father's name
of petitioner No. 1 in school record. The application tendered by
petitioner No. 1, however, has been rejected by the Education Officer,
(Secondary) on the ground that since pupil has left the school and as
such corrections cannot be effected. The application for corrections of
father's name in school record tendered by the petitioner - student
received through Headmaster of the school, where pupil was taking
education cannot be turned down only on the ground that pupil has left
3 WP 10878-16
the school. Typographical mistake in the school record in respect of
father's name of petitioner No. 1 can be corrected.
6. Since corrections sought for is only in respect of typographical
mistake appearing in record of father's name of petitioner No. 1,
request made by the petitioner for consideration of application for
effecting necessary corrections can be favourably considered. Order
dated 10-10-2016 passed by the Education officer (Secondary)
rejecting application tendered by the petitioner is quashed and set
aside. Respondent No. 3 is directed to consider the application
tendered by petitioner and issue necessary directions for corrections,
which are of the nature of typographical mistake and inadvertent in
nature relating to corrections in spelling mistake occurred in recording
father's name of petitioner No. 1. Education Officer(Secondary) shall
consider the request of the petitioner No. 1 positively and shall not
reject the same solely on the ground that pupil has left the school.
7. Writ petition is allowed in above terms. Rule is made absolute
accordingly. There shall be no order as to costs.
[K. K. SONAWANE, J.] [R.M. BORDE, J.]
MTK
