Dhananjay Fulchand Khomane vs The State Of Maharashtra And ...
2023 Latest Caselaw 10412 Bom

2023:BHC-AUG:21744-DB

                                                      1

                         IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                     BENCH AT AURANGABAD

                                       13 WRIT PETITION NO. 8533 OF 2021

                      Dhananjay Fulchand Khomane,
                      Age. 18 years, Occu. Student,
                      R/o. Near Bhosle Vidhyalay Jikthan,
                      Tal. Gangapur, Dist. Aurangabad.                             ....Petitioner

                              Versus

              1.      The State of Maharashtra,
                      Through Secretary School Education
                      and Sports Department,
                      Mantralaya, Mumbai.

              2.      The Education Officer (Secondary),
                      Zilla Parishad, Aurangabad.

              3.      Maharashtra State Board of Secondary
                      and Higher Secondary Education,
                      Aurangabad Divisional Board,
                      Station Road, Osmanpura, Aurangabad,
                      Through its Divisional Secretary.

              4.      Orchid Techno School,
                      Pl.No.14/40, Cidco,
                      Waluj Mahanagar, Dist. Aurangabad.
                      Through its Head Master                                 ....Respondents
                                                     ...

                      Advocate for Petitioners : Mr. Kale G.D.
                      AGP for Respondent Nos. 1 & 2 : Mr. S.R. Yadav-Lonikar
                      Advocate for Respondent No. 3 : Ms. N.D. Patil h/f. Ms. S.P. Mahajan
                                                      ...

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

                                               DATE       : 09 OCTOBER 2023

              JUDGMENT :

Heard both the sides finally. Rule.

2. The petitioner is aggrieved by the order passed by the

respondent no. 3 - Board, dated 02 November 2022, refusing to

correct the certificate and marks memo issued pursuant to the order

passed by the Education Officer in exercise of the powers under the

clause 26.4 of the Secondary School Code. The reason being assigned

is questioning the legality of the correction made by the school in the

original record pursuant to the order of the Education Officer, and by

referring to Rule 59 (3) of the Maharashtra Secondary and Higher

Secondary Education Boards Regulations, 1977 (for short 'the

Regulation of 1977').

3. Having heard both the sides, it would be suffice to observe

that the issues being raised by the respondent no. 3 - Board, are no

more res integra, in view of the decision of this Court in the matter of

Achari Abhijeet Mohanan Versus The State of Maharashtra and others,

in Writ Petition No. 1254/2021, dated 07 September 2022, to which one

of us (Mangesh S. Patil, J.) was a member.

4. It has been specifically laid down that once the Education

Officer passes an order under clause 26.4 of the Secondary School

Code, and the school record is corrected, the board has no power and

jurisdiction to question it by resorting to Rule 59 (3) of the Regulation of

1977.

5. When admittedly, the original school record has been

corrected pursuant to the order of Education Officer passed under

clause 26.4 of Secondary School Code, the board is legally obliged to

follow the course.

6. The writ petition is allowed. The impugned order is

quashed and set aside. The respondent no. 3 - Board shall, in

accordance with the order passed by the Education Officer and the

corrected school record, issue fresh mark memo and passing

certificate to the petitioner as expeditiously as possible and in any case

within a period of three weeks.

7. Rule is made absolute in above terms.

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

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