1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO.6051 OF 2009 Ashok s/o Ramji Pandit, R/o-Deolali Pravara, Tq-Rahuri, Dist-Ahmednagar. ...PETITIONER. VERSUS 1) The State of Maharashtra, Through Education Department, Mantralaya, Mumbai-32, 2) The Education Officer (Secondary), Zilla Parishad, Ahmednagar, District-Ahmednagar. 3) The Head Master, Shri. Chattrapati Shivaji Madhyamik Vidyalaya, Deolali Pravara, Tq-Rahuri, District-Ahmednagar. 4) Maharashtra State Secondary & Higher Secondary Education Board, Pune, Through its Secretary, Having its office at Shivaji Nagar, Pune. ...RESPONDENTS. 2 ... Mr.Rahul R. Karpe Advocate for Petitioner. Mr.R.P. Phatke, A.G.P. for Respondent Nos. 1 and 2. Mr.S.S. Phatale Advocate for Respondent No.3. Mr.D.V. Soman Advocate for Respondent No.4. ... CORAM: A.M. KHANWILKAR AND S.S. SHINDE, JJ. DATE : 27TH JANUARY, 2010. PER COURT : 1. Heard learned counsel for the parties. Rule. Rule made returnable forthwith. By consent of the learned counsel for the parties, the matter is taken up for final hearing at the stage of admission itself. 2. The principal challenge in this Petition is to the stand taken by the Respondent No.2 that correction in school leaving certificate is not permissible as the Petitioner has already left the school. 3. This aspect has already been considered in our 3 recent decision dated 15th January, 2010 in Writ Petition No.4264 of 2009 in the case of Vinod s/o Bapurao Singewar vs. State of Maharashtra. Following the same reasons, we would set aside the opinion of the Respondent No.2 and instead, direct the Respondent No.2 to re-examine the application in accordance with law and procedure referred to in the above decision. 4. Counsel for Respondent No.4, however, submits that the claim of the Petitioner that his date of birth is 25th December, 1973 is preposterous in as much as the Petitioner appeared in 10th standard examination in March, 1986. He was only around 12 years when he appeared for the 10th standard examination if his claim having date of birth as 25th December, 1973 was to be accepted. We are not inclined to examine this controversy at this stage in as much as, that is a matter to be examined by the Respondent No.2 and the appropriate authority who is supposed to accord sanction, only where- after amendment in the school leaving certificate 4 can be effected in the case of the Petitioner who has already left the school. All questions in that behalf are left open to be examined by the competent authority as well as the appropriate authority, in accordance with law. We hope and trust that the Respondent No.2 as well as the appropriate authority will take expeditious decision, preferably, within four months from today. 5. Rule is made absolute on the terms indicated above. [S.S. SHINDE, J.] [A.M. KHANWILKAR, J.] asb/JAN10/wp6051.09