Jagdish Vyankatrao Komarwar v. The State Of Maharashtra And Others

2194.22WP

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 952 WRIT PETITION NO.2194 OF 2022 JAGDISH VYANKATRAO KOMARWAR

VERSUS

THE STATE OF MAHARASHTRA & OTHERS ...

Advocate for the petitioner : Mr.A.N.Sabnis AGP for Respondent-State : Mr.S.K.Tambe Advocate for respondent no.2 : Mr.S.B.Pulkundwar ...

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

DATE : 15.02.2022 P.C. :

1] The proposal submitted by the Headmaster of the school seeking correction of caste in the school record of the petitioner is rejected.

2] Learned AGP accepts notice for respondent no.1. Mr.S.B.Pulkundwar, learned counsel accepts notice for respondent no.2.

3] The Full Bench of this Court in the case of Janabai d/o. Himmatrao Thakur Vs. State of Maharashtra & others reported in 2019 [6] Mh.L.J. 769 has held that if it is the case of obvious mistake, then the Education Officer can entertain the proposal even after the student has left the school.

2194.22WP 4] In view of that, we pass the following order:

ORDER

I] The impugned order is set aside.

II] The Education Officer shall satisfy himself as to whether it was the case of obvious mistake and if he comes to the conclusion that it was the case of obvious mistake, then the Education Officer may entertain the application of the petitioner for correction of caste in the school record. The said exercise shall be done within six [6] months. III] The Writ Petition is disposed of. No costs.

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