Shaikh Ujma Mehebub v. The Education Officer Secondary

2025:BHC-AUG:34145-DB IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD 919 WRIT PETITION NO. 14536 OF 2025 SHAIKH UJMA MEHEBUB

VERSUS

THE EDUCATION OFFICER SECONDARY ...

Mr. Vishant P. Kadam Advocate for Petitioner. Mr. A.M. Phule, A.G.P. for Respondent.

...

CORAM: SMT. VIBHA KANKANWADI AND HITEN S. VENEGAVKAR, JJ.

DATE : 4th DECEMBER, 2025 ORDER :

1.

Present Petition has been filed for correction of caste in the school record. The petitioner submits that her caste is "Muslim", however, in the school record it has been wrongly mentioned as "Muslim Chapparbandh". The petitioner has filed Nirgam Utara of her family members in which the caste mentioned is "Muslim", but in the school record of present petitioner, it is wrongly mentioned as "Muslim Chapparbandh". The petitioner approached to the school authorities but it has been stated by them that they have no power to correct the caste of the petitioner. Therefore the petitioner has filed application before

respondent on 19th September 2025, by accompanying requisite documents. However, the said application has not been decided by the respondent up till now. The petitioner is relying on the Full Bench decision of this Court in Janabai Himmatrao Thakur vs. State of Maharashtra and others, [AIR OnLine 2019 Bombay 1055].

2.

We are coming across many orders, in spite of the decision of this Court in Janabai Thakur (supra), stating that the applicant/petitioner is not taking education in the school and therefore, the authority has no jurisdiction or power to make changes in the school record. We direct the respondent to apprise the concerned authorities about the Full Bench decision of this Court in Janabai Thakur (supra) and not to reject the applications on the ground that the person is not taking education in the school.

3.

Learned AGP, upon instructions, submits that in view of the decision in Janabai Thakur (supra), the application would be decided within a period of eight weeks.

4.

We take the said statement as an undertaking and dispose of the Writ Petition by directing respondent - Education Officer, to decide the application filed by the petitioner on 19th September 2025, in respect of correction in the caste of the petitioner in school record, in view of the decision in Janabai Thakur (supra), within a period of EIGHT WEEKS. [HITEN S. VENEGAVKAR] [SMT. VIBHA KANKANWADI] JUDGE JUDGE asb/DEC25