Disposed¶18

Raju Pandharinath Kendre v. the State of Maharashtra and Another

Bombay HC19 Mar 2025WP/9441/2014

Case brief

AI extract

What is this about?

Date-of-birth correction in S.S.C. certificate; writ of mandamus; Article 226 Constitution of India; Maharashtra State Board of Secondary and Higher Secondary Education, Latur; Education Officer; Rule 26(4) Secondary School Code; withdrawal with liberty; Full Bench precedent Janabai Himmatrao Thakur v. State of Maharashtra (W.P. No.8085/2017, dt. 17/10/2019); 30-day time-bound consideration; Bombay High Court, Aurangabad Bench; neutral citation 2025:BHC-AUG:8194-DB; decided 19th March 2025 by Alok Aradhe, CJ. and Ravindra V. Ghuge, J.

What did the court decide?

Petition disposed of as withdrawn with liberty to file an application for date-of-birth correction before the Education Officer under Rule 26(4) of the Secondary School Code; such application to be considered pragmatically within 30 days of filing. ¶18

Raju Pandharinath Kendre Vs the State of Maharashtra… — Writ and Judicial Review | Bombay HC (2025)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the petitioner is entitled to a writ of mandamus directing the Maharashtra State Board of Secondary and Higher Secondary Education, Latur to correct his date of birth recorded in the S.S.C. Certificate as 25/12/1982 to his actual date of birth of 25/5/1981.

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Court's answer

The petition was disposed of as withdrawn, the petitioner being at liberty to move an application for correction of his date of birth before the Education Officer under Rule 26(4) of the Secondary School Code.

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Ratio / Principle

Any application so filed before the Education Officer shall be considered pragmatically within a period of 30 days from the date of filing of the application.

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Key takeaways

The Court recorded its impression that the discrepancy in the date of birth is an obvious mistake capable of being covered by the Full Bench judgment of this Court in Janabai Himmatrao Thakur v. The State of Maharashtra & Ors. (W.P. No.8085/2017, decided 17/10/2019), without itself deciding the correction.obiter¶18

Detailed headnote1 paragraphs

Writ of Mandamus — Correction of date of birth in S.S.C. Certificate — Petitioner's actual date of birth stated to be 25/5/1981 but recorded as 25/12/1982 — Petition under Article 226 against the Maharashtra State Board of Secondary and Higher Secondary Education, Latur — On the Board pointing out the remedy of an application to the Education Officer under Rule 26(4) of the Secondary School Code, counsel for the petitioner sought leave to withdraw — Division Bench (per Ravindra V. Ghuge, J.) noted an apparent obvious mistake, observed that the case could be covered by the Full Bench decision in Janabai Himmatrao Thakur v. The State of Maharashtra & Ors. (Writ Petition No.8085/2017, decided on 17/10/2019), and directed that any such application be considered pragmatically within 30 days of filing — Petition disposed of as withdrawn.

Raju Pandharinath Kendre v. the State of Maharashtra and Another

Case brief

What is this about?

What did the court decide?

Raju Pandharinath Kendre v. the State of Maharashtra and Another

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Cases cited

Statutes considered

Parties & counsel

Coram

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