1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO.6526 OF 2009 ----------------------------------------------------------------- Office Notes, Office Memoranda of | Coram, appearances, Court’s orders | Court’s or Judge’s or directions and Registrar’s | orders orders | ----------------------------------------------------------------- CORAM : A.M. KHANWILKAR, AND S.S. SHINDE, JJ. DATE : 8TH FEBRUARY, 2010 Rule. Rule made returnable forthwith. With the consent of learned Counsel for the parties, the petition is taken up for final hearing at admission stage. Heard Counsel for the parties. 2. By this petition under Article 226 of the Constitution of India, direction is sought against respondent Nos.1 to 7 to correct the petitioner's date of birth as 11-09-1986 instead of 11-09-1983 and to correct the petitioner's school record accordingly. Further relief is claimed that after 2 issuance of fresh school leaving certificate, the Higher Secondary School Certificate be also corrected on the same basis. Insofar as the request for carrying out the correction on the school leaving certificate made by the petitioner, the same has not been decided inspite of representation made as back as on 23-06-2009. 3. Insofar as the correction of date of birth in the school leaving certificate is concerned, presumably the concerned official respondents are of the view that the petitioner has already left the school long back, for which reason, this request cannot be considered. That aspect has been answered in the recent decision in the case of Vinod s/o Baurao Singewar vs. The State of Maharashtra and others in W.P. No. 4264 of 2009 decided on 15-01-2010. Following the same reasons, we dispose of the grievance of the 3 petitioner by directing the petitioner to take steps to apply to the appropriate authority for requisite sanction and upon the grant of such sanction, the school authority will have to examine the request of the petitioner on its own merits. In the event, the appropriate authority were to grant permission and the school authority were also to accept the request of the petitioner, only thereafter the question of carrying out the correction in the Higher Secondary School certificate would arise for consideration. For the time being, this petition is disposed of with direction to respondent No. 4 to consider the request of the petitioner for correction of the school record by following the principles prescribed by Government Resolution dated 16-03-1983 read with Appendix Six of the Secondary Schools Code. The proposal be submitted to the appropriate authority for grant of sanction within four weeks from 4 today. On receipt of such proposal, the appropriate authority shall decide the same expeditiously and not later than eight weeks from its receipt in accordance with law. The appropriate authority may offer opportunity of hearing to the petitioner and in the event of adverse opinion against the petitioner, the authority shall record reasons therefor. All questions in that behalf are left open to be considered by the appropriate authority,in accordance with law. 4. As aforesaid, only after school leaving certificate is corrected, the question of considering petitioner's request for correction of Higher Secondary School Certificate may arise for consideration. The stand taken on behalf of respondent NO.7 that such request cannot be entertained in view of the Amendment to Regulation 106(3) of the Maharashtra Secondary and Higher 5 Secondary Education Board Regulations, 1977 will have to be considered on its own merits. That question is left open with liberty to the petitioner to challenge decision so taken by the said authority if so advised. 5. The petition is disposed of accordingly. Rule made absolute in above terms. ( S.S. SHINDE, J. ) (A.M. KHANWILKAR,J.) sut/FEB10/wp6526.09