Bombay High Court
Rohit Baburao Singanwad vs The State Of Maharashtra Through School ... on 28 March, 2025
Author: R.G.Avachat
Bench: R.G.Avachat
2025:BHC-AUG:9532-DB
5-wp13274.2024.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
WRIT PETITION NO. 13274 OF 2024
Rohit Baburao Singanwad ..Petitioner
VERSUS
The State Of Maharashtra,
Through School Education Department
And Others ..Respondents
----
Mr.C.R.Thorat, Advocate for petitioner
Mr.A.S.Shinde, AGP for respondent nos.1 and 2
----
CORAM : R.G.AVACHAT AND
PRAFULLA S. KHUBALKAR, JJ.
DATE : MARCH 28, 2025
ORAL JUDGMENT (PER PRAFULLA S. KHUBALKAR, J) :-
Heard learned counsel for the petitioner and learned AGP
for respondent nos.1 and 2.
2. Rule. Rule, made returnable forthwith. Heard finally, with
the consent of learned counsel for the parties.
3. The petitioner has challenged the decision of the Education
Officer (Secondary), Zilla Parishad, Nanded, refusing to correct the
surname of the petitioner as `Singanwad', which is incorrectly
mentioned in the school record as `Shinganwad'. The petitioner had
submitted an application on 23.09.2024 through the school authorities
2 5-wp13274.2024
for correction of the surname. The petitioner's contention was that
his surname was correctly recorded in the primary school record,
however, subsequently, the mistake occurred and the same is
reflected in the Secondary School Certificate. The petitioner submits
that in view of the record available, demonstrating correct spelling of
the surname, the mistake ought to have been corrected by the
Education Officer. The reason for rejection of the application of the
petitioner has not been spelt out; but it is submitted by learned
counsel for the petitioner that since the student had already left the
school, the correction could not be carried out.
4. We have heard the parties. The incorrect mention of the
petitioner's surname appears to be on account of some inadvertence
at some level. The correction, if allowed, will not confer any undue
benefit to the petitioner. Rather, in the interest of justice, the
correction needs to be allowed. We are of the opinion that the
mistake of surname as `Shinganwad' instead of `Singanwad' is an
obvious mistake and needs to be corrected. In view of the judgment
of the Full Bench in the case of Janabai Himmatrao Thakur Vs.
State of Maharashtra, 2019(6)ABR 565, the petition can be
disposed of by directing the respondents to correct the surname of
the petitioner.
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5. Hence, we allow the petition. The decision taken by
respondent - Education Officer, refusing to correct the surname of
the petitioner, is quashed. The respondent - Education Officer is
directed to allow the petitioner's application for correction of his
surname as `Singanwad', within a period of two weeks from the date
of receipt of a copy of this order. Based on the decision of the
Education Officer, the petitioner is at liberty to apply for correction in
the other records before the concerned authorities. Rule is made
absolute accordingly.
[PRAFULLA S. KHUBALKAR, J.] [R.G. AVACHAT, J.]
KBP
