Case Note & Summary
The petitioner, filed a writ petition seeking correction of his name in his S.S.C. mark memo and passing certificate, which incorrectly recorded his name as 'Mulla Shabiralli Arunalli' due to a clerical error in the school's General Register. The petitioner, a CRPF employee planning voluntary retirement, faced difficulties due to this discrepancy. The Education Officer verified the error and recommended correction to the Maharashtra State Board of Secondary and Higher Secondary Education (respondent no.2). The Board objected, citing Rules 26.3 and 26.4 of the Secondary School Code under the Maharashtra Secondary and Higher Secondary Education Boards Act, 1965, which prohibit corrections after a student leaves school. The High Court, after hearing arguments, held that the error was clerical and technical, and directed the Board to correct the records within four weeks, emphasizing that statutory rules should not cause injustice in such cases.
Headnote
The High Court of Judicature at Bombay, Circuit Bench at Kolhapur, in Writ Petition No. 8022 of 2025, heard a petition seeking correction of the petitioner's name in his S.S.C. records -- The petitioner, a CRPF employee with 20 years of service, needed the correction for his voluntary retirement process, as the discrepancy arose from a clerical error in the school's General Register -- The court considered the Maharashtra Secondary and Higher Secondary Education Boards Act, 1965 and the Secondary School Code rules, particularly Rules 26.3 and 26.4, which restrict corrections after a student leaves school -- However, the court held that the error was technical and verified by the Education Officer, and directed respondent no.2 to rectify the records within four weeks -- The judgment emphasizes that statutory rules should not perpetuate injustice in cases of genuine clerical errors
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Issue of Consideration: Whether the petitioner is entitled to correction of his name in the Secondary School Certificate (S.S.C.) mark memo and passing certificate due to a clerical error, despite the provisions of the Secondary School Code which generally prohibit such corrections after a student has left school
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Final Decision
The High Court allowed the writ petition, directing respondent no.2 to correct the petitioner's name in the S.S.C. mark memo and passing certificate from 'Mulla Shabiralli Arunalli' to 'Shabir Harun Ali Mulla' within four weeks from the date of the judgment
