Kunalsinh Vijaysinh Chouhan v. The State Of Maharashtra And Others

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 936 WRIT PETITION NO.2617 OF 2021 KUNALSINH VIJAYSINH CHOUHAN

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS ...

Advocate for Petitioner : Mr Rathi Swapnil S. AGP for Respondents State: Mrs P V Diggikar

CORAM

: S. V. GANGAPURWALA & SHRIKANT D. KULKARNI, JJ.

DATE : 10th February, 2021.

ORDER:

1.

The application filed by the petitioner for changing the caste recorded in the school record is rejected on the ground that the petitioner has left the school.

2.

The learned counsel submits that caste of the petitioner is recorded as "Hindu Rajput Bhamta". The same is in reserved category. All documents of the petitioner are of Hindu Rajput and not Hindu Rajput Bhamta. The petitioner wants to delete word "Bhamta" from the caste column of his school record.

3.

The application of the petitioner is basically rejected on the ground that the petitioner has left the school. The Full Bench of this court in the case of Janabai Vs. State of Maharashtra, reported in 2019 (6) Mh.L.J.769 has held that obvious mistake can be corrected even after pupil has left the school.

4.

In the present case, the petitioner is not seeking benefit of reservation and reserved caste mentioned is incorrect. He belongs to open

category.

5.

Considering the judgment of the Full Bench (supra) and the fact narrated above, the impugned order is quashed and set aside. 6.

The Education Officer shall reconsider the application of the petitioner and shall not reject the same only on the ground that the petitioner has left the school.

7.

Writ petition is accordingly disposed of. No costs. (SHRIKANT D. KULKARNI, J.) (S.V.GANGAPURWALA, J.) JPC