Altmash Ayyub Pathan vs The State Of Maharashtra Through ...
2023 Latest Caselaw 9184 Bom

                                       1

      IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                 BENCH AT AURANGABAD

                      938 WRIT PETITION NO. 7675 OF 2023

                         ALTMASH AYYUB PATHAN
                                    VERSUS
               THE STATE OF MAHARASHTRA AND OTHERS
                                        ...
            Advocate for Petitioner : Mr. Salve Avinash Rangnathrao
              AGP for Respondent Nos. 1 & 2 : Mr. S.G. Sangale
               Advocate for Respondent No. 3 : Mr. M.V. Thorat
                        h/f. Mr. Rathod Vivek Uttamrao
                                           ...

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

                                DATE             : 01 SEPTEMBER 2023

PER COURT :

               Heard.

2. The petitioner is seeking correction of school record in

respect of his caste. The respondent no. 3 - Headmaster, is supposed to

forward it to the respondent no. 2 - Education Officer (Secondary).

However he has refused to do so on the ground that by virtue of clause

26.4 of the Secondary School Code, the request cannot be considered

after the petitioner has left the school.

3. The scope and ambit of clause 26.4 of the Secondary School

Code, has been elaborately considered and decided by the Full Bench of

this Court in the matter of Janabai D/o. Himmatrao Thakur Versus The

State of Maharashtra and another, 2019 (6) Mh.L.J. 769. It cannot be

refused because the student has left the school. The request can be

entertained under that provision.

4. We, therefore, allow the Writ Petition by directing the

respondent no. 3 - Headmaster, to forward the proposal to respondent

no. 2 - Education Officer (Secondary), within a period of two weeks

from today.

5. The respondent no. 2 - Education Officer (Secondary), shall

thereafter, take appropriate decision in the light of judgment of the Full

Bench in the matter of Janabai (supra) within a period of four weeks

from the date he receives the proposal from the Headmaster.

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

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