- 1 - IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD 914 WRIT PETITION NO. 740 OF 2025 SANTOSH BHAGWAN GAYAKWAD VERSUS THE STATE OF MAHARASHTRA THROUGH ITS SECRETARY AND OTHERS Mr.K.S.Solanke, Advocate for the petitioner. Mr.A.V.Lavte, AGP for the respondent/State. ( CORAM : MANGESH S. PATIL AND PRAFULLA S. KHUBALKAR, JJ. ) DATE : JANUARY 16, 2025 PER COURT : 1. The petitioner is taking an exception to the communication whereby the respondent/Education Officer, Secondary, on 26.12.2024, have rejected the proposal forwarded by the respondent/Head Master of the school, wherein the petitioner was studying, refusing to exercise his powers under Clause 26.4 of the Secondary School Code for effecting change in the name, only on the ground that he had already leaving the school and the power could not be exercised under that provision. khs/Jan.2025/740 2025:BHC-AUG:1334-DB - 2 - 2. We have heard both the sides. 3. In the light of the Full Bench decision in the matter of Janabai d/o Himmatrao Thakur Vs. State of Maharashtra and others [2019(6) Mh.L.J.769 (FB)], the only ground resorted by respondent No.2 / Education Officer for rejecting the proposal, is not sustainable. 4. The writ petition is allowed. The impugned communication is quashed and set aside. The respondent/Education Officer, Secondary shall re-consider the same proposal and decide it on its own merits in the light of the decision in the matter of Janabai d/o Himmatrao Thakur Vs. State of Maharashtra and others [2019(6) Mh.L.J.769 (FB)]. 5. The decision shall be taken as expeditiously as possible and in any case within 6 weeks. ( PRAFULLA S. KHUBALKAR, J.) ( MANGESH S. PATIL, J.) khs/Jan.2025/740