Allowed

Shri. Nikunj Janak Gor v. the State of Maharashtra, through Principal Secretary, Education Dept and Ors.

Bombay HC14 Mar 2014WP/2818/2014

Case brief

AI extract

What is this about?

The Bombay High Court allowed a writ petition requesting correction of the Petitioner's birth date from 1992 to 1991. Relying on a prior precedent, the Court held that such applications can be entertained even after a pupil leaves the school if bona fide. The rule was made absolute.

What did the court decide?

Rule made absolute; Respondents to consider the application for correction within two weeks.

Shri. Nikunj Janak Gor Vs the State of Maharashtra… — Education and Admissions | Bombay HC (2014)

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920-WP-2818-14

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION

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WRIT PETITION NO. 2818 OF 2014

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Nikunj Janak Gor .. Petitioner vs.

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The State of Maharashtra & Ors. .. Respondents

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Mr. Madhav J. Jamdar with Mr. Rohan P. Surve for Petitioner. Ms M. S. Banke - “B” Panel for Respondent Nos. 1 and 3. Mr. Kiran Gandhi I/b. Little & Co. for Respondent No. 2.

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CORAM : ANOOP V. MOHTA AND M. S. SONAK, JJ.

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DATE: March 14, 2014

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P.C . :-

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1] Rule, returnable forthwith. Heard finally, by consent of the parties.

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2] The Petitioner has applied for correction of his birth date from 05.12.1992 to 05.12.1991. The application was accordingly made to the concerned Respondent – School. The Education Officer, Respondent No. 3 has no objection and/or in fact recommended the said correction. Respondent No. 2 however by a communication dated 03.09.2012 directed Respondent No. 4 Management by referring to Secondary Schools Code Chapter II, Section III, Para

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26.4 not to correct the same unless the original entry in the school register is corrected.

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3] This Court considering the similar issue on the same Rule in in the case of Shaikh Shafi Ahmed Khadarsab vs. State of Maharashtra & Ors .¹ observed as under:

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“... In our view, such an application can be entertained even after the pupil has left the school, provided the application is bona fide and the pupil is able to satisfy that the original entry in the General Register of the school is erroneous. The application can be rejected if the entry is not shown to be erroneous and wrong. It, however, cannot be rejected without it being considered on merits, only on the technical ground that the application has been made after the pupil has left the school.”

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4] Therefore, in view of this observation itself and subject to above, there is no reason that the Respondents not to consider the application so filed by the Petitioner in accordance with law as early as possible and preferably within two weeks as there is nothing much to be discussed except the technical ground so raised that the Petitioner has left the school.

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5] Rule is accordingly made absolute.

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1 2012(5) Mh. L. J. 36

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6] Parties to act on the basis of the authenticated copy of this order.

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7] Liberty is granted to the Petitioner to communicate the order

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by all possible modes.

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(M. S. SONAK, J.) (ANOOP V. MOHTA, J.)

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Chandka

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Shri. Nikunj Janak Gor v. the State of Maharashtra, through Principal Secretary, Education Dept and Ors.

Case brief

What is this about?

What did the court decide?

Shri. Nikunj Janak Gor v. the State of Maharashtra, through Principal Secretary, Education Dept and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

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Parties & counsel

Coram

Case details

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