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2026 DAILYLAW 12453 (BOM)

SHAIKH ARBAJ FAROOQUE v. THE EDUCATION OFFICER PRIMARY AND ANOTHER

WP/12228/2026 · 2026-09-21

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Judgment text

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1 68-WP-12228-26.odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 12228 OF 2026 SHAIKH ARBAJ FAROOQUE VERSUS THE EDUCATION OFFICER PRIMARY AND ANOTHER ... Mr. Wajeed Ahmed Shaikh, Advocate for the Petitioner Mr. S. R. Yadav Lonikar, Advocate for Respondent No.1 ... CORAM : NITIN B. SURYAWANSHI AND ABASAHEB D. SHINDE, JJ. DATE : 21st SEPTEMBER, 2026 PER COURT : 1. Application of the petitioner seeking correction in the Primary School record is rejected by the Headmaster of respondent No.2 School. 2. This Court has consistently taken a view that as per Regulation 26.4 of the Secondary School Code, 1977, it is imperative for the Headmaster to forward the proposal to Education Officer instead of rejecting the same. Therefore, the impugned order cannot be sustained. 3. In the result, the writ petition is allowed. Impugned order dated 03/07/2026 is hereby quashed and set aside. Respondent No.2 shall forward the application of the petitioner dated 03/07/2026 to the Education Officer (Primary) within a period of two weeks from the date of receipt of copy of this order. The SVH 2026:BHC-AUG:43052-DB 2 68-WP-12228-26.odt Education Officer shall consider the application of petitioner on it’s own merits and in the light of decision in Janabai Himmatrao Thakur vs. The State of Maharashtra and others [2019(6) Mh.L.J. 769]. 4. It is made clear that the Education Officer shall not reject the said application only on the ground that the petitioner is not taking education the said School presently. (ABASAHEB D. SHINDE, J.) (NITIN B. SURYAWANSHI, J.) SVH