FARAD CONTINUATION SHEET IN THE HIGH COURT OF JUDICATURE OF BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions and Registrar’s Orders. COURT’S OR JUDGE’S ORDERS WRIT PETITION NO. 4910 OF 2011 SURESH PRAKASH KOTAMBE VERSUS THE STATE OF MAH AND ORS ... Advocate for Petitioner(s) : Shri Navandar Gopal C. AGP for Respondent(s): Smt. Gondhalekar A.V. ... CORAM : D B BHOSALE & S B DESHMUKH, JJ. Dated: July 20, 2011 ... 1. Heard learned counsel for the parties. 2. Leave to amend. Amendment to be carried out forthwith. 3. Rule. By consent, Rule made returnable forthwith. 4. In this Writ Petition, the petitioner is seeking the following reliefs :- "(B) By way of the Writ of mandamus or like nature, the respondent may kindly be directed to grant permission to effect the change / correction in caste column of School Leaving Certificate as "Lad" instead of "Gondhali" of the petitioner as per the G.R. dated 16.3.1983. (B-1) By way of the Writ of mandamus or like nature or direction, the order dated 3.3.2011 passed by Deputy Director, Aurangabad Division, Aurangabad in letter forwarded to Education Officer (Secondary) Z.P. Parbhani in Ja Kra. Ka ma vi / 3/ 2010-11/ 3824 at Exh."F" may kindly be set aside. " FARAD CONTINUATION SHEET IN THE HIGH COURT OF JUDICATURE OF BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions and Registrar’s Orders. COURT’S OR JUDGE’S ORDERS (2) WP/4910/2011 6. In view of the order that we propose to pass service of the notice on respondent 4 is waived. 7. This Writ Petition basically challenges the order dated 3.3.2011 (Exhibit "F" to the Writ Petition) whereby the petitioner's application for seeking correction,as prayed for in the prayer clause (B), has been rejected, solely on the ground that they have no authority to change the entry after the student has left the school. 8. This Court has considered the issue as to whether the authorities have power to change the entries after the student has left the school on several occasions In Writ Petition NO.704 of 2010 decided on 8.2.2010, this Court has observed that as per the Government Resolution dated 16.3.1983 read with Appendix VI of the Secondary School Code, the authority is vested with the power to sanction the corrections even after the student has left the school. 9. In the circumstances, we are inclined to allow this Writ Petition in terms of prayer clause (B-1). So far prayer clause (B) is concerned, we are not considering the same since it is for the concerned authority to consider the petitioner's application for seeking correction afresh. 10. In the result, Writ Petition is allowed with the following order :- FARAD CONTINUATION SHEET IN THE HIGH COURT OF JUDICATURE OF BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions and Registrar’s Orders. COURT’S OR JUDGE’S ORDERS (3) WP/4910/2011 (A) The Rule is made absolute in terms of prayer clause B-1. The order dated 3.3.2011, impugned in the petition is set aside. The prayer clause (B) is disposed of as not considered. (B) The petitioner is permitted to make fresh application through the College / respondent 4 within four weeks from today. (C) If the petitioner submits his application through respondent 4 within the stipulated time, respondent 4 shall forward it to respondent 3 immediately thereafter. (D) Respondent 3 shall consider the petitioner's application afresh on merits in accordance with law and in the light of the Government Resolution dated 16.3.1983 within twelve weeks from the date of receipt of the application. 11. Rule is made absolute in aforesaid terms. No order as to costs. ( S B DESHMUKH, J. ) ( D B BHOSALE, J. ) akl