ACHARI ABHIJEET MOHANAN Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Rule. Rule is made returnable forthwith. With the consent of the learned Advocates for the respective parties, heard finally at the stage of admission.

(2.) The petitioner seeks correction in his surname in the Mark Sheet and Passing Certificate issued by the Maharashtra State Board of Secondary and Higher Secondary Education, Aurangabad (hereinafter referred to as the 'Board'). Such correction sought in pursuance of the correction made in the School records by the Education Officer vide order dtd. 28/10/2019. By the impugned communication dtd. 10/12/2020, the Board has rejected the request on the ground that the entry in the school record has been changed after the student had left the school by way of overwriting in the admission register. It is further submitted that as per Rule 59 (3) of the Maharashtra Secondary and Higher Secondary Education Boards Regulations, 1977 (hereinafter referred to as 'Regulation 1977') a provision exist to correct the entry by the Board, so as to match the entry originally made in the school records. It is further submitted that since the change is effected by the Head Master in the admission register after leaving the school, same cannot be considered for effecting the change in the Mark Sheet and the Certificate. The decision of the Board vide communication dtd. 10/12/2020 is the subject matter of challenge in the present petition.

(3.) So far as, the change of entries in the School records is concerned, the same is governed by the provisions of Clause 26 of the Secondary Schools Code (hereinafter referred to as 'S.S. Code'). The law relating to change of entries in the School record has now been settled by way of decision of Full Bench of this Court in Janabai d/o Himmatrao Thakur v. State of Maharashtra, (2019) 6 Mah LJ 769. The paragraph No. 39 is reproduced as under: