Amol Bhovlal Pardeshi v. The State Of Maharashtra And Others

W.P.168-2021

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

BENCH AT AURANGABAD WRIT PETITION NO. 168 OF 2021 Amol s/o Bhavlal Pardeshi ..

Petitioner

Versus

The State of Maharashtra and ors.

..

Respondents Mr S.S. Rathi, Advocate for petitioner Mr S.K. Tambe, A.G.P. for respondent-State CORAM : S.V. GANGAPURWALA AND SHRIKANT D. KULKARNI, JJ.

DATE : 7th January 2021 PER COURT :

1.

The learned Counsel for the petitioner submits that the caste of the petitioner is wrongly recorded in the school record of the petitioner as 'Bhamta Rajput'. However, the same ought to be 'Pardeshi'. The petitioner is issued with the caste certificate as 'Bhamta Rajput'. The said caste certificate is validated by the Committee under order dated 26.5.2017. The petitioner is selected in the Army, but the appointment order is not issued on the ground that in the school record, his caste is recorded as 'Bhamta Rajput'.

2.

It appears that the application of the petitioner is rejected by the Education Officer only on the ground that the petitioner left the school. 3.

The Full Bench of this Court in case of Janabai d/o Himmatrao Thakur Vs. State of Maharashtra and ors., reported in 2019 (6) Mh.L.J. 769, has held that Clause 26.4 of the Secondary School Code is directory and in exceptional case, where bona fide mistake has occurred, same can be corrected even after the student has left the school.

W.P.168-2021 4.

In the present matter, it appears that the petitioner is issued with the validity certificate as Pardeshi - O.B.C.

5.

In view of that, the impugned order is quashed and set aside. The Education Officer shall adhere to the procedure as prescribed under Clause 26.4 of the Secondary School Code read with Appendix six and shall decide the application/representation made by the petitioner expeditiously, preferably within six weeks.

6.

Writ Petition disposed of. No costs.

( SHRIKANT D. KULKARNI, J.) ( S.V. GANGAPURWALA, J.) vvr