Case Note & Summary
The petitioner, Omkar s/o Dnyaneshwr Chavan, filed a writ petition before the Bombay High Court (Aurangabad Bench) seeking a direction to the Maharashtra State Board of Secondary and Higher Secondary Education (respondent No.2) to issue the original statement of marks for the HSC (12th Standard) Science examination held in February/March 2022. The petitioner had appeared for the 10th Standard examination in March/April 2018 from Shantabai Nakhate High School and passed with 83.20% marks. He then pursued his 11th and 12th Standard studies at Mahatma Basweshwar Junior College (respondent No.3). The petitioner submitted his examination form for the 12th Standard Science examination from respondent No.3 and passed the examination held in February 2020. However, the Board issued a marksheet with the name 'Omkar s/o Dnyaneshwar Chavan', whereas the school records reflected the name as 'Omkar s/o Dnyaneshwr Chavan'. The petitioner contended that the school had corrected his name in its records, and the Board had also issued the 10th Standard marksheet with the corrected name. The Board argued that the examination form was submitted with the old name and that the Board could not change the name without proper procedure. The Court, after hearing the parties, held that since the school had corrected the name and the Board had previously issued a marksheet with the corrected name, the Board must issue the 12th Standard marksheet with the corrected name. The Court directed the Board to issue the original marksheet within four weeks, failing which the petitioner could approach the Court for contempt proceedings.
Headnote
A) Education Law - Name Correction - Issuance of Marksheet - Right to Correct Identity - The petitioner, a student, sought a writ of mandamus directing the Board to issue the original marksheet of HSC Science examination in his corrected name 'Omkar s/o Dnyaneshwr Chavan' as per school records, instead of the name 'Omkar s/o Dnyaneshwar Chavan' appearing in the Board's records. The Court held that since the school had corrected the petitioner's name in its records and the Board had issued a marksheet with the corrected name in the 10th standard, the Board must issue the 12th standard marksheet with the corrected name. The Court directed the Board to issue the original marksheet within four weeks, failing which the petitioner could approach the Court for contempt. (Paras 1-10)
Issue of Consideration
Whether the Maharashtra State Board of Secondary and Higher Secondary Education can be directed to issue the original statement of marks in the petitioner's corrected name, as recorded in the school records, when the examination form was submitted with the old name.
Final Decision
The petition is allowed. Respondent No.2 is directed to issue the original statement of marks of the petitioner bearing Seat No.RO77782 of Standard 12th Science Examination held in February/March 2022 with the name 'Omkar s/o Dnyaneshwr Chavan' within four weeks from the date of the order. If the order is not complied with, the petitioner is at liberty to approach the Court for contempt proceedings.
Law Points
- Writ of mandamus
- Name correction
- School records
- Board examination
- Fundamental right to education
- Right to correct identity
