Facts: The petitioner, Shabir Harun Ali Mulla, sought correction of his name in his Secondary School Certificate (S.S.C.) mark memo and passing certificate. His correct name is "Shabir Harun Ali Mulla," but it was wrongly recorded as "Mulla Shabiralli Arunalli." This discrepancy was discovered when he was preparing for voluntary retirement from the Central Reserve Police Force (C.R.P.F.). The error originated from a clerical mistake in the school's General Register.
Procedural Posture: The petitioner filed a writ petition in the High Court of Judicature at Bombay, Circuit Bench at Kolhapur, seeking a direction to the Maharashtra State Board of Secondary and Higher Secondary Education, Pune (Respondent No. 2), to rectify the clerical error in his S.S.C. record. The Education Officer had already verified the record and recommended the correction. The Board objected, citing rules that prevent name corrections after a student leaves the school.
Issue: Whether the Maharashtra State Board of Secondary and Higher Secondary Education can be directed to correct a clerical error in a former student's S.S.C. record, specifically regarding their name, even after the student has left the school, considering the provisions of the Secondary Schools Code and the Full Bench decision in Janabai d/o. Himmatrao Thakur Vs. State of Maharashtra?
Holding: Yes, the High Court allowed the writ petition and directed the Board to carry out the necessary correction in the petitioner's name on his S.S.C. mark memo and passing certificate.
Reasoning: The Court considered the facts of the case and the consistency of the record bearing the petitioner's correct name. It categorized the error as an "obvious mistake" as per paragraph 39(c) of the Janabai case. The Court relied on the Full Bench decision in Janabai, which held that corrections of "obvious mistakes" can be made even after a student has left school. The Court also noted that the Education Officer had verified the record and recommended the correction. The Court also cited Shruti Pramod Pardeshi Vs. The State of Maharashtra, emphasizing that authorities cannot reject applications for correction solely because the applicant is no longer a student. The Court directed the Principal Secretary of School Education to circulate the Janabai judgment to all officers to ensure compliance.