MASTER ARSHAD KHALID JAMAL SON OF KHALID JAMAL Vs. STATE OF MAHARASHTRA THROUGH THE PRINCIPAL SECRETARY DEPARTMENT OF EDUCATION AND EMPLOYMENT MANTRALAYA

JUDGEMENT

(1.) , J.

(2.) RULE. RULE made returnable forthwith. Respondents waive service. With the consent of parties heard finally.

(3.) THE learned Counsel appearing for the petitioner submits that, the petitioner's correct name is "Arshad". In stead in the school record, College record and other record such as school leaving certificate, mark sheet, hall ticket etc., his name has been wrongly mentioned as "Ashaad". It is submitted that, the petitioner has got his name corrected by gazetting the same in the Government Gazette. In spite of that, the correction has not been carried out by the respondent authorities in the school record. It is further submitted that, it was a bonafide mistake on the part of 4th respondent school while giving school leaving certificate. It is submitted that, merely because the petitioner has left the school, cannot be ground to refuse to correct the school record. It is submitted that, Rule 26.3 of the Secondary School Code cannot be read in isolation and same has to be read conjointly with Rule 26.4 of the Secondary School Code. It is submitted that, Education Inspector refused to entertain the request of the petitioner citing Rule 26.3 which pertains to change in date of birth whereas he could have done it under Rule 26.4(2) of the Secondary School Code. THErefore, the learned Counsel for the petitioner would submit that, this writ petition deserves to be allowed. In order to lend support to aforesaid contentions, the learned Counsel appearing for the petitioner pressed into service unreported judgment of this Court in the case of Kishor s/o Sukhdeo Walhekar vs. THE State of Maharashtra and others dated 07 01 2009 in Writ Petition No.3319 of 2005 and submitted that, in the facts of that case, this Court has invoked provisions of Rule 26.4 of the Secondary School Code and directed the authorities to consider the prayer of the petitioner therein for correction of date of birth. THErefore, in the facts of this case also, this Court may direct the respondent authorities to consider the prayer/request of the petitioner for correction of his first name in school record.