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2022 Supreme(Bom) 1020

MANGESH S.PATIL, SANDEEP V.MARNE
Achari Abhijeet Mohanan – Appellant
Versus
State of Maharashtra, Through Secretary, Education Department Mantralaya, Mumbai – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Mr. C.V.Thombre, AGP
For the Respondent:Miss.R.P.Gaur Advocate, Mr. Umesh S. Mote, Mr. Vikram S. Kadam

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referred to as ‘Regulation 1977’) a provision exist to correct the entry by the Board, so as to match the entry originally made in the school records.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 th

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