Shaikh Sameer Shaikh Husen v. The State Of Maharashtra Through The Secretary And Others
{1} drp
IN THE HIGH COURT OF JUDICATURE OF BOMBAY
BENCH AT AURANGABAD WRIT PETITION NO.101 OF 2025 Shaikh Sameer Shaikh Husen PETITIONER
VERSUS
The State of Maharashtra and Others RESPONDENTS .......
Mr. Y. M. Khan, Advocate for the Petitioner Mrs. V. S. Chaudhari, AGP for Respondent - State Mr. Ajinkya Deshpande h/f Mr. A. S. Deshpande, Advocate for Respondent No.2 .......
[CORAM : NITIN B. SURYAWANSHI, & VAISHALI PATIL-JADHAV, J. J.] DATE : 4 th MAY, 2026 ORDER :
1.
By this Petition, filed under Article 226 of the Constitution of India, the Petitioner seeks directions to Respondents No.2 and 3 to delete the sub caste "Pinjari" mentioned in his school record. The Petitioner also prays to correct name of his birth place as "Jalgaon (Somnath)" instead of "Somnath (Jalgaon)" 2.
It is the case of the Petitioner that, the Petitioner belongs to Muslim caste, however, sub caste 'Pinjari' is wrongly mentioned in the bracket, in his school record. The Petitioner is appearing for competitive examinations and contemplating
{2} difficulty, by application dated 9th October, 2024 had requested Respondent No.3 - Headmaster to delete the sub caste "Pinjari" from his school record. The said application is rejected by the impugned communication dated 12th October, 2024, stating that the Headmaster has no right to make changes in the column of caste. The Petitioner also seeks correction of place of birth, as in his school register, his place of birth is shown as "Somnath (Jalgaon)" instead of "Jalgaon (Somnath)".
3.
Heard learned Advocate for the Petitioner, learned Advocate for Respondent No.2 and learned AGP for the State. Perused the record.
4.
In support of his contentions, the Petitioner has placed on record copy of service book extract of his father Shaikh Husen Shaikh Abbas along with Aadhar card and school leaving certificate of his brother Jamir. In the Service Book of the father of the Petitioner as well as in the school leaving certificate of his brother Jamir, their caste is mentioned as "Muslim" and no sub caste is mentioned in front of their caste.
5.
The Petitioner has also placed on record his birth certificate, issued by Gramsevak, Gram Panchayat Jalgaon (Somnath), Taluka and District - Jalna.
{3} 6.
The Petitioner's case is squarely covered by clauses "C" and "D" of the Full Bench judgment of this Court in "Janabai Himmatrao Thakur", 2019 (6) Mh.L.J. 769 : 2019 (6) AIR Bom R 565 which are as follows:
"C.
Thus, in light of the above, an application for change in the name, surname or caste, either due to reasons / cause unnoticed before or even occurring subsequently, being errors which fall within the category of 'obvious mistakes', can be made, even after the student has left school in light of the language of Clause 26.3 in the manner as indicated by Appendix Six in the forms as prescribed in the S. S. Code. D.
For the purposes like admission to another educational institution, in cases of obvious mistakes as prescribed in clause 26.4, a change / correction in the school leaving certificate, so as to make the entry consistent with the corresponding entries in the General Register of the School is permissible, which in fact is in accordance with (c) above."
7.
There appears an obvious mistake in the school record of the Petitioner, in mentioning his sub caste as "Pinjari" and recording his place of birth as "Somnath (Jalgaon)" instead of "Jalgaon (Somnath)", which needs to be corrected. 8.
In the result, the Writ Petition is allowed. Respondent No.3 - Headmaster is directed to delete the sub caste "Pinjari" mentioned in the school record of the Petitioner and also correct the place of birth of the Petitioner as "Jalgaon (Somnath)"
{4} instead of "Somnath (Jalgaon)' within a period of four weeks from the date of receipt of copy of this order. Respondent No.2 is directed to accord sanction to the said changes in the school record of the Petitioner.
[ VAISHALI PATIL-JADHAV ] [ NITIN B. SURYAWANSHI ] JUDGE JUDGE drp/wp101-25.doc