Gajanan Marotrao Nilapwad v. The State Of Maharashtra And Others

1 wp 1799.2022

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 973 WRIT PETITION NO.1799 OF 2022 GAJANAN MAROTRAO NILAPWAD

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS ...

Advocate for Petitioner: Mr. S. K. Parvez h/f. Mr. Bilolikar Upendra Bapurao AGP for Respondents/State: Mr. S. B. Yawalkar ...

CORAM:S. V. GANGAPURWALA & S. G. DIGE,JJ.

DATE: 08th FEBRUARY, 2022 PER COURT:

1.

The application filed by the Petitioner for correction of caste in the secondary school record is rejected by the Education Officer on the ground that the Petitioner has left the school.

2.

Heard the learned Counsel for the Petitioner and the learned A.G.P.

3.

It is only if an obvious mistake exists in recording a caste in the school record then only the Education Officer can give directions to correct it after the student has left the school.

2 wp 1799.2022 Reference can be had to the Judgment of the Full Bench of this Court in case of Janabai Himmatrao Thakur Vs. State of Maharashtra and others reported in 2019 (6) Mh.L.J. 769.

4.

In the light of above, the impugned order is set aside. The Education Officer shall reconsider the application of the Petitioner. The Education Officer certainly will consider whether it is a case of an obvious mistake in entering the caste as Naikada in the secondary school record and if the Education Officer arrives at the conclusion that because of obvious mistake wrong caste was recorded then only may entertain the application for correction of the same in view of the Judgment of the Full Bench of this court in case of Janabai Himmatrao Thakur Vs. State of Maharashtra and others (supra).

5.

The Writ Petition accordingly stands disposed of. No costs.

[S. G. DIGE, J.] [S. V. GANGAPURWALA, J.] marathe