The enabling provisions in Clause 26 (3) of the S.S. Code and Rule 59 (3) of the Regulations 1977 allow for the correction of entries in school records and matching the entry in the Mark Sheet and the Certificate with that of the School records.

JUDGMENT :

Sandeep V. Marne, J.

1. Rule. Rule is made returnable forthwith. With the consent of the learned Advocates for the respective parties, heard finally at the stage of admission.

2. The petitioner seeks correction in his surname in the Mark Sheet and Passing Certificate issued by the Maharashtra State Board of Secondary and Higher Secondary Education, Aurangabad (hereinafter referred to as the ‘Board’). Such correction sought in pursuance of the correction made in the School records by the Education Officer vide order dated 28.10.2019. By the impugned communication dated 10.12.2020, the Board has rejected the request on the ground that the entry in the school record has been changed after the student had left the school by way of overwriting in the admission register. It is further submitted that as per Rule 59 (3) of the Maharashtra Secondary and Higher Secondary Education Boards Regulations, 1977 (hereinafter referred to as ‘Regulation 1977’) a provision exist to correct the entry by the Board, so as to match the entry originally made in the school records. It is further submitted that since the change is effected by the Head Master in the admission register after leaving the school, same cannot be considered for effecting the change in the Mark Sheet and the Certificate. The decision of the Board vide communication dated 10.12.2020 is the subject matter of challenge in the present petition.

3. So far as, the change of entries in the School records is concerned, the same is governed by the provisions of Clause 26 of the Secondary Schools Code (hereinafter referred to as ‘S.S.Code’). The law relating to change of entries in the School record has now been settled by way of decision of Full Bench of this Court in Janabai d/o Himmatrao Thakur Vs. State of Maharashtra and Others 2019 (6) Mh. L.J. 769. The paragraph No. 39 is reproduced as under :

“39. This being the position, We answer Question Nos.(A) & (C) in the following terms :

(a) An application for alteration in the entries in the General Register is permissible, with the previous permission of the appropriate authority at any time when the pupil is attending the school.

(b) No application for alteration in the figure of date of birth is permissible, after the student has left secondary school, except correction in the nature of 'obvious mistakes' as indicated in Clause 26.3 i.e. of a nature where the date of a particular month which does not exist in the calendar and likewise.

(c) Thus, in light of the above, an application for change in the name, surname or caste, either due to reasons/cause unnoticed before or even occurring subsequently, being errors which fall within the category of 'obvious mistakes', can be made, even after the student has left school in light of the language of Clause 26.3 in the manner as indicated by Appendix Six in the forms as prescribed in the S.S. Code.

(d) For the purposes like admission to another educational institution, in cases of obvious mistakes as prescribed in Clause 26.4, a change/correction in the school leaving certificate, so as to make the entry consistent with the corresponding entries in the General Register of the School is permissible, which in fact is in consonance with (c) above.”

4. Thus, it is permissible to affect the correction of entries in school records after the student has left the school which are in the nature of “obvious mistakes” under Clause 26 (3) of the S.S. Code.

5. In his School record, petitioner’s name was recorded as ‘Abhijeet Mohanan P.’. It is his case that his correct name is ‘Abhijeet Mohanan Achari’. The name of the petitioner’s father is ‘Mohanan Pappu Achari’. ‘Pappu’ is the name of his grandfather. Thus, the family surname is ‘Achari’. It is the petitioner’s case that while registering his name in the School records, initial ‘P’ representing ‘Pappu’ which is his grand father’s name, came to be erroneously registered in the register in the place of family Surname ‘Achari’.

6. On an application being