Prajapati Mohanbhai Vaktaji vs Principal & 3

1. The petitioner has filed present petition under Article 226 of the Constitution of India with following prayers :­ "(A) Your Lordship may be pleased to issue a w writ of mandamus or any other appropriate writ, order or direction in the nature of mandamus quashing and setting aside the order dated 05.02.2013 passed by the Ld.Metropolitan Magistrate, Court No.8, Ahmedabad passed in Misc. Application no.428 of 2012 and further be pleased to direct the respondents to make necessary correction in the School Leaving Certificate as Hindu Kumbhar in place of Chandera Hindu.

(B) Pending hearing and final hearing of this petition, Your Lordship may be pleased to stay the operation, implementation and execution of the order dated 05.02.2013 passed by the Ld.Metropolitan Magistrate, Court No.8, Ahmedabad passed in Misc. Application no.428 of 2012 directing the competent authority to scrutinize application of the petitioner, and pass appropriate order after following due procedure which is being followed for correction of the birth date in the school record after the pupil has left the school can be also applied or followed in other matters such as change in the name, caste/religion, place of birth etc. as provided under Regulation 15(A)(5) and 15(A)(6) of the Gujarat Secondary and Higher Secondary Education Regulations, 1974 and under provisions of Gujarat Secondary and Higher Secondary Education Act, 1972."

2. Heard Mr.Vijay H. Nangesh, learned advocate for the petitioner, Mr.A.D.Oza, learned advocate for the respondent Nos.2 and 3 and Mr.Venugopal Patel, learned AGP for the respondent No.4.

3. Mr.Nangesh, learned advocate for the petitioner states that son of the petitioner is now major and the petitioner may be permitted to file fresh application before the learned Magistrate for fresh decision.

4. In view of above statement, the petitioner Page 2 of 3 HC-NIC Page 2 of 3 Created On Wed May 04 04:58:47 IST 2016 C/SCA/5232/2014 ORDER is permitted to file fresh application with necessary documents before the learned Magistrate. The learned Magistrate is directed to consider and decide the same in accordance with law.

(Z.K.SAIYED, J.) KKS Page 3 of 3 HC-NIC Page 3 of 3 Created On Wed May 04 04:58:47 IST 2016