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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD

909 WRIT PETITION NO.5613 OF 2022

SHAIKH SAWOOD SHAFE SHAIKH MAHMOOD

VERSUS

STATE OF MAHARASHTRA THROUGH SECRETARY AND OTHERS

Mr.Sayyed Tauseef Yaseen, Advocate for the petitioner.

Mr.S.K. Tambe, AGP for respondent No.1/State.

Mr.S.B. Deshpande, Advocate for respondent No.2.

CORAM

:

RAVINDRA V. GHUGE &

ANIL L. PANSARE, JJ.

DATED

:

17.06.2022

PC :-

01.

By this petition, the petitioner has putforth prayer clauses (B),

(C) and (D) as under :-

“B. By issuing a Writ of certiorari and or any other appropriate

writ, order and/or direction in the like manner, letter dated 9^th of

March 2022 at Exhibit-F issued by Regional director CBSE Pune

rejecting the request for correction in the name of the Petitioner

may kindly be quashed and set aside.

C.

By issuing a Writ of Mandamus and or any other

appropriate writ, order and/or direction in the like manner,

Regional Director, C.B.S.E., Pune may kindly be directed to

correct the name of the Petitioner in Marks certificate of XIIth

standard (senior school certificate examination) issued on

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30.07.2021 at Exhibit-D.

D.

Pending hearing and final decision of this petition, no

coercive steps be taken against the Petitioner in pursuance of

admission secured at BHMS course at MHFS Homoeopathic

Medical College, sangamner, Dist Ahmednagar.”

02.

We have considered the strenuous submissions of the learned

Advocates for the appearing parties. It is obvious that due to a long name

inclusive of the father’s name, who in turn, mentions grand-father’s name, the

confusion has occurred. After perusing the documents, it is now undisputed

that the first name of the petitioner is ‘Sawood Shafe’. His middle name is

‘

Mahmood’ and surname is ‘Shaikh’. Normally, in the Mohammedan

community, this name would be mentioned as ‘Shaikh Sawood Shafe

Mahmood’. The learned Advocate for the petitioner submits that the word

“Shaikh” is his surname and there is a practice of writing the surname first.

He further clarifies that recording of a name differs from institution to

institution as regards the manner of writing the name, since at some places

the first name, middle name and surname is written and in some other

institutions, especially the minority institution, the surname, first name and its

middle name is written.

03.

The learned Advocate representing the CBSE rightly submits that

earlier a clerical mistake had occurred and CBSE had promptly corrected the

said mistake to ensure that the petitioner is not made to suffer any hardships.

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04.

Having perused the school record of the petitioner as well as the

report-card of Class XI academic session – 2019-2020 in the CBSE school, his

name is written as Shaikh Sawood Shafe and father’s name is written as

Mahmood. His transfer certificate issued by the said school indicates this

name. The CBSE, Regional Office, Pune final correction list of Class XII exam,

2021, indicates the first name of the petitioner as Shaikh Sawood, which is

actually his surname and half of his first name. The word “Shafe”, which is a

part of his first name, is added as prefix to the name of his father as Shafe

Mahmood. Due to this mistake, the CBSE Senior School Certificate

examination marks-memo carries the same mistake.

05.

The petitioner has placed before us his application for correction

and has also indicated from the record that he has NEET (UG)-2021

provisional selection letter after appearing for the State Common Entrance

Test indicates his name as Shaikh Sawood Shafe, which is rightly recorded.

The reason for moving this application is that after he acquired admission in

the MHFS Homoeopathic Medical College,Sangamner, the office of the said

college has raised a query as regards the difference in the name, owing to the

CBSE certificate. The learned Full Bench of this Court in Janabai Himmatrao

Thakur Vs.State of Maharashtra & Anr., 2019 (6) Mh.L.J.769, h