WP No. 10715/10 1 IN THE HIGH COURT AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD WRIT PETITION NO. 10715 OF 2010 Ku. Rashmi d/o. Ramvtar Saboo, Age 20 yrs., Occu. Education, R/o. House No. 436, Darzi Bazar, Chavni, Cantonment, Aurangabad, Tq. & Dist. Aurangabad. ....Petitioner. Versus 1. The State of Maharashtra, Through Secretary of Education Department, Mantralaya, Mumbai. 2. The Zilla Parishad, Aurangabad Through Education Officer (Primary) Zilla Parishad Office, Aurangabad. 3. Holy Cross English Primary School, Through the Head Mistress, Cantonment Area, Aurangabad-431002. 4. Deputy Director of Education, Aurangabad Division, Aurangabad. ....Respondents. Mr. Sachin S. Panale, Advocate for petitioner. Mr. V. B. Ghatge, A.G.P. for respondent Nos. 1 & 4. Mr. D.C. Chavan, Advocate for respondent No. 2. Mr. R.B. Dhakne, Advocate h/f. Mr. S. V. Adwant, Advocate for respondent No. 3. WP No. 10715/10 2 CORAM : NARESH H. PATIL & T. V. NALAWADE, JJ. DATED : 29th September, 2011. JUDGMENT : [ PER NARESH H. PATIL, J. ] 1. Rule. Rule made returnable forthwith. Heard by consent of parties. 2. The petitioner seeks change of place of birth in respect of School Leaving Certificate (Exh. "B") issued by Holly Cross English Primary School, Aurangabad. The petitioner's contention is that she was born at Amalner. Amalner Municipal Council has registered in its record entry of birth of petitioner accordingly. The petitioner has other record to show that she was born at Amalner. The petitioner requested for change of place of birth in School Leaving Certificate, which was turned down on the ground that under the provisions of Rule 26.3 and 26.4 of Secondary Schools Code, no powers are conferred on Deputy Director of Education. 3. We have perused the material placed before us and submissions advanced. We find that in the light of the facts of the case, we direct Deputy Director of Education to consider the record produced by the petitioner in respect of change of place of birth from Jalgaon to Amalner in the school record and pass necessary orders after hearing the concerned parties within six WP No. 10715/10 3 weeks from today. 4. Rule is made absolute in aforesaid terms. [ T. V. NALAWADE, J.] [ NARESH H. PATIL, J.] ssc/