Shaikh Afzal Shaikh Maheboob vs The State Of Maharashtra Through ...
2023 Latest Caselaw 7887 Bom

2023:BHC-AUG:16556-DB




                                                      1                             wp 6114.22

                        IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                   BENCH AT AURANGABAD

                                      WRIT PETITION NO. 6114 OF 2022

                          Shaikh Afzal Shaikh Maheboob                 ..   Petitioner

                                   Versus

                          The State of Maharashtra and others          ..   Respondents

                 Shri Shaikh Farukh V. Patel, Advocate h/f Shri Francis Viky J.
                 for the Petitioner.
                 Mrs. M. A. Deshpande, Addl.G.P. for the Respondent Nos. 1 to 3
                 and 6.
                 Shri Umesh S. Mote, Advocate for the Respondent No. 4.
                 Shri V. A. Bagdiya, Advocate for the Respondent No. 7.

                                           CORAM :    MANGESH S. PATIL AND
                                                      SHAILESH P. BRAHME, JJ.

DATE : 04 AUGUST 2023.

FINAL ORDER :

. Heard both the sides including the learned advocate who appears for the respondent No. 7/Head Master.

2. The petitioner has been seeking correction of the date of birth in the school record. The Education Officer (Secondary) has rejected it on the ground that she had already left the school and correction cannot be made by resorting to Clause 26.4 of the Secondary School Code. The appeal has also been dismissed.

3. We allow the writ petition, quash and set aside both the orders in the light of the decision of the Full Bench of this Court

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in the matter of Janabai D/o Himmatrao Thakur Vs. The State of Maharashtra and another reported in 2019(6) Mh.L.J. 769.

We direct the respondent No. 7/Head Master to forward fresh proposal to the Education Officer (Secondary), Zilla Parishad, Aurangabad, who shall pass fresh order in the light of the judgment of the Full Bench of this Court in the matter of Janabai D/o Himmatrao Thakur Vs. The State of Maharashtra and

another (supra) within a period of six (06) weeks from today.

The writ petition is disposed of.

[ SHAILESH P. BRAHME, J. ] [ MANGESH S. PATIL, J. ]

bsb/Aug. 23