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2026 DAILYLAW 16649 (BOM)

SHAIKH AREF SULTAN AJAGARALI v. THE STATE OF MAHARASHTRA AND OTHERS

WP/13255/2026 · 2026-10-05

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Judgment text

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{1} wp13255-26.doc drp IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD WRIT PETITION NO.13255 OF 2026 Shaikh Aref Sultan Ajagarali PETITIONER VERSUS The State of Maharashtra and Others RESPONDENTS ....... Mr. M. P. Gandle, Advocate for the Petitioner Mr. S. R. Wakle, AGP for Respondent - State Mr. B. B. Bhise, Advocate for Respondents No.2 ....... [CORAM : NITIN B. SURYAWANSHI, & ABASAHEB D. SHINDE, J. J.] DATE : 5 th OCTOBER, 2026 ORDER : 1. In spite of numerous orders passed by this Court, setting aside the orders passed by Education Officers, in which reliance is placed on Section 26 (4) of the Secondary School Code for rejecting proposals for correction in the name / date of birth / caste of the students on the ground that they are no more taking education in the school, the Education Officers are passing similar orders. 2. In the present case also, on the same ground, the Education Officer, by order dated 28th October, 2025, has returned the proposal of the Petitioner to the Head Master. The 2026:BHC-AUG:47099-DB {2} wp13255-26.doc impugned order, therefore, cannot be sustained. The same is hereby quashed and set aside. Respondent No.3 – Head Master is directed to forward the proposal of the Petitioner to Respondent No.2 - Education Officer. Respondent No. 2 – Education Officer is directed to decide the same within a period of 8 weeks from the date of receipt of copy of this order, in the light of decision in “Janabai Himmatrao Thakur V/s State of Maharashtra and Others” 2019 (6) Mh.L.J. 769”. 3. With the above directions, the Writ Petition is disposed of. [ ABASAHEB D. SHINDE ] [ NITIN B. SURYAWANSHI ] JUDGE JUDGE drp/wp13255-26.doc