JANABAI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This writ petition has been referred to the Full Bench by order dated 30th June, 2017 by the Division Bench (Coram : Dr. Manjula Chellur, C.J. and Mr. R.M. Borde, J.). The questions referred by the Division Bench read as under:

(2.) We have heard Mr. S.S. Rathi, learned Counsel for the petitioner as well as Mr. A.N. Sabnis, who has assisted this Court and Mr. A.B. Girase, learned Govt. Pleader.

(3.) Mr. S.S. Rathi, learned Counsel for the petitioner, has argued that the application, as mentioned in issue No.(A), enumerated above, can be entertained even after the pupil has left the school. He took us through the provisions of Clauses 26.3 & 26.4 of the Secondary Schools Code ( S.S. Code for short), and specifically to the later part of Clauses 26.4 of the S.S. Code to buttress his submission that the language permitted entertaining of an application for change or correction as contemplated therein, even on behalf of a pupil, who has left the school and though Clause 26.4 contemplated that the same could be done for the purposes like an admission to another educational institution, that was only an indicature of the nature of the purposes, which could be several, and thus, could not be interpreted in a restrictive sense, so as to restrict the nature of purposes to only those as mentioned in Clause 26.4 of the S.S. Code. He further argued that Clauses 26.3 & 26.4 of the S.S. Code ought to be considered in a wider perspective and in a beneficial manner, for the benefits of the student/person applying for such a change as putting a restrictive meaning would result in genuine persons being denied their rightful claim.