(1) WP 6978.11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 6978 OF 2011 Ahmed Khuram Daanish Md. Waseem Ahmed PETITIONER VERSUS The State of Maharashtra and ors. RESPONDENTS ..... Mr. M.R. Sonawane, Advocate for the Petitioner. Mr. K.M. Suryawanshi, A.G.P. for the Respondent-State. Mr. A.R. Nikam, Advocate for the respondent no.2 None present for respondent nos.4 and 5 though served. ..... CORAM : B.R. GAVAI AND M.T. JOSHI, JJ. DATED : 09TH DECEMBER, 2011 PER COURT: 1. Rule. Rule made returnable forthwith. Heard finally with the consent of the parties. 2. The petitioner is seeking a direction to the respondent no.2-Maharashtra State Board of Secondary and Higher Secondary Education through the Divisional Secretary at Aurangabad, to correct the name of the petitioner, as prayed. 3. The main contention of the respondent no.2 is that since the request is made after the lapse of (2) WP 6978.11 three years, according to its regulation, no correction can be made. 4. This Court has an occasion to deal with the same issue regarding different petitioners in group of Writ Petitions bearing Writ Petition no.972 of 2011 and others. It was held that the regulation in which the reliance is placed in the Petitions is prospective in nature and, therefore the earlier cases are not covered by the said regulation. The present Petition is also the case of the petitioner, who is similarly situated. Therefore, the same order will have to be passed in the present Petition also. 5. The learned counsel for the respondent no.2 however, submits that there is a circular dated 01.03.1990 which provide for time limit of three years, and in view of that matter, no direction can be issued. It is however, clear that between the regulation and the circular, regulation framed by the respondent no.2 would prevail. 6. In that view of the matter, the additional reliance on the circular dated 01.03.1990 would not (3) WP 6978.11 change the nature of the case. In the circumstances, we pass the following order:- I) Rule is made absolute in terms of prayer clause (B). Sd/- Sd/- [M. T. JOSHI, J.] [B. R. GAVAI, J.] arp/