Sohara Khan Fatema Nasar Khan v. Director of Technical Education, Aurangabad Division and Others

Bombay HC21 Nov 2013WP/5483/2013

Case brief

AI extract

What is this about?

This writ petition sought change of father's name in school records. The court granted liberty for the petitioner to submit the application via the Headmaster within four weeks, with directions for required forwarding and decision within six weeks to comply with regulations.

What did the court decide?

Liberty to petitioner to tender application within four weeks; respondent to forward it within four weeks of receipt; decision within six weeks.

Sohara Khan Fatema Nasar Khan Vs Director of… — Education and Admissions | Bombay HC (2013)

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD

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WRIT PETITION NO. 5483 OF 2013

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Zohara Khan Fatema d/o Nasar Khan

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.. PETITIONER

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VERSUS

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Director of Technical Education, Aurangabad & others

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.. RESPONDENTS

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Mr. Sachin S. Deshmukh, advocate for petitioner. Mr. D. B. Bhange, AGP for the State. Mr. V. R. Sonwalkar, advocate for respondent no. 2. Mr. S. V. Adwant, advocate for respondent no. 3. Mr. Mohd. Imran Ahmed, advocate for respondent no. 4.

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CORAM : R.M. BORDE & A.I.S. CHEEMA, JJ. DATE : 21st NOVEMBER, 2013.

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PER COURT :

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An application tendered by petitioner for effecting change in the

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name of his father appearing in the school record has been turned down by

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the Jt. Technical Director, Divisional Office, Aurangabad, on 31.12.2012.

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In pursuance to notice issued by this Court, learned AGP appears on

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behalf of respondent nos. 1 and 5, learned counsel Mr. Sonwalkar appears

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for respondent no. 2, learned counsel Mr. Adwant appears for respondent

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no. 3 and, learned counsel Mr. Mohd. Imran Ahmed appears for respondent no. 4. Respondent no. 5 informs that the application for effecting change

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in the school record has to be forwarded to the Education Officer (Secondary), through the Headmaster of the concerned school where the student was taking education. In the instant matter, the application has not been forwarded to the Education Officer by adopting proper procedure.

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In the facts and circumstances of the case, this petition can be disposed of by granting liberty to the petitioner to tender application in the prescribed form to the Education Officer (Secondary) through respondent no. 3 i.e. Headmaster, Holy Cross English High School, Chavani, Aurangabad. If petitioner tenders application as required under the rules to respondent no. 3 within a period of four weeks from today, respondent no. 3 shall forward the same to the Education Officer (Secondary), Zilla Parishad, Aurangabad, within a period of four weeks from the date of its receipt. The Education Officer (Secondary), Zilla Parishad, Aurangabad, on receipt of application from respondent no. 3, shall take decision on the application after hearing the petitioner, as expeditiously as possible, preferably within a period of six weeks, in accordance with the regulations. With these directions, writ petition stands disposed of.

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