Case Note & Summary
The petitioner, Achari Abhijeet Mohanan, sought correction of his surname in the Mark Sheet and Passing Certificate issued by the Maharashtra State Board of Secondary and Higher Secondary Education, Aurangabad. The correction was based on an order dated 28.10.2019 passed by the Education Officer (Secondary), Zilla Parishad, Aurangabad, under Clause 26 of the Secondary Schools Code, which directed the Head Master of Little Flower High School to correct the surname in the school's admission register. The Board, by communication dated 10.12.2020, rejected the petitioner's request on the ground that the entry in the school record was changed after the student had left the school by way of overwriting, and that under Rule 59(3) of the Maharashtra Secondary and Higher Secondary Education Boards Regulations, 1977, the Board can only correct entries to match the original school records. The petitioner challenged this communication. The High Court, relying on the Full Bench decision in Janabai d/o Himmatrao Thakur v. State of Maharashtra, held that the Education Officer has the power to order correction of entries in the General Register even after the student leaves the school, and the Board is bound to give effect to such correction. The court found that the Board's refusal was unjustified and set aside the impugned communication, directing the Board to correct the surname in the Mark Sheet and Passing Certificate within four weeks.
Headnote
A) Education Law - Correction of Entries in School Records - Clause 26 of Secondary Schools Code - The Full Bench in Janabai v. State of Maharashtra held that an application for alteration in entries in the General Register is maintainable even after the student leaves the school, and the Education Officer has power to order correction. The Board must give effect to such correction. (Paras 3-4)
B) Education Law - Correction of Entries in Board Certificates - Rule 59(3) of Maharashtra Secondary and Higher Secondary Education Boards Regulations, 1977 - The Board cannot refuse correction solely on ground that entry in school record was changed after student left school, if the change is made pursuant to a valid order under Clause 26 of S.S. Code. The Board's communication dated 10.12.2020 rejecting the request was set aside. (Paras 2, 4-5)
Issue of Consideration
Whether the Board is justified in refusing to correct the surname in the Mark Sheet and Passing Certificate when the school records have been corrected by the Education Officer under Clause 26 of the Secondary Schools Code, and whether the Board's reliance on Rule 59(3) of the Regulations is proper.
Final Decision
The impugned communication dated 10.12.2020 is set aside. The Board is directed to correct the surname of the petitioner in the Mark Sheet and Passing Certificate in accordance with the correction made in the school records pursuant to the order dated 28.10.2019 passed by the Education Officer (Secondary), Zilla Parishad, Aurangabad, within four weeks from the date of the order.
Law Points
- Correction of entries in school records
- Secondary Schools Code Clause 26
- Maharashtra Secondary and Higher Secondary Education Boards Regulations 1977 Rule 59(3)
- Full Bench decision in Janabai v. State of Maharashtra
Case Details
2022 LawText (BOM) (09) 2
WRIT PETITION NO. 1254 OF 2021
MANGESH S. PATIL, SANDEEP V. MARNE
Mr. C.V. Thombre (for petitioner), Miss R.P. Gaur (AGP for respondent nos.1 & 3), Mr. Umesh S. Mote (for respondent no.2), Mr. Vikram S. Kadam (for respondent no.4)
The State of Maharashtra, Divisional Secretary, Education Officer (Secondary), Head Master, Little Flower High School, Principal, Vidyadham Science Junior College
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Nature of Litigation
Writ petition challenging the Board's refusal to correct surname in Mark Sheet and Passing Certificate.
Remedy Sought
Petitioner sought correction of surname in Mark Sheet and Passing Certificate based on correction in school records ordered by Education Officer.
Filing Reason
The Board rejected the petitioner's request for correction of surname on the ground that the school record was changed after the student left school and that Rule 59(3) only allows correction to match original entries.
Previous Decisions
Education Officer (Secondary) passed order dated 28.10.2019 under Clause 26 of Secondary Schools Code directing correction of surname in school records. Board rejected request vide communication dated 10.12.2020.
Issues
Whether the Board's refusal to correct the surname in the Mark Sheet and Passing Certificate is justified when the school records have been corrected by the Education Officer under Clause 26 of the Secondary Schools Code.
Whether Rule 59(3) of the Regulations bars correction of Board certificates based on changes made in school records after the student leaves the school.
Submissions/Arguments
Petitioner argued that the Education Officer's order under Clause 26 validly corrected the school records, and the Board must give effect to it.
Board argued that the change in school record was made after the student left school by overwriting, and Rule 59(3) only allows correction to match original entries.
Ratio Decidendi
The Education Officer has the power under Clause 26 of the Secondary Schools Code to order correction of entries in the General Register even after the student leaves the school. The Board is bound to give effect to such correction and cannot refuse on the ground that the change was made after the student left school or that Rule 59(3) only allows correction to match original entries.
Judgment Excerpts
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.
In view of the above, the impugned communication dated 10.12.2020 is set aside. The Board is directed to correct the surname of the petitioner in the Mark Sheet and Passing Certificate in accordance with the correction made in the school records.
Procedural History
The petitioner applied to the Board for correction of surname in Mark Sheet and Passing Certificate based on Education Officer's order dated 28.10.2019. The Board rejected the request vide communication dated 10.12.2020. The petitioner filed Writ Petition No. 1254 of 2021 before the Bombay High Court, Aurangabad Bench, which was heard and disposed of on 07.09.2022.
Acts & Sections
- Secondary Schools Code: Clause 26
- Maharashtra Secondary and Higher Secondary Education Boards Regulations, 1977: Rule 59(3)
