Sairam Bhagwantrao Benjakiwar vs The State Of Maharashtra And ...
2021 Latest Caselaw 10438 Bom

                                                           WP No.8445/21
                                     1


                     IN THE HIGH COURT AT BOMBAY
                 APPELLATE SIDE, BENCH AT AURANGABAD

                    938 WRIT PETITION NO.8445 OF 2021

                  SAIRAM BHAGWANTRAO BENJAKIWAR
                                 VERSUS
               THE STATE OF MAHARASHTRA AND OTHERS
                                     ...
                 Advocate for Petitioner : Mr. A.N. Sabnis
             AGP for Respondents 1 & 2 : Mr. K.N. Lokhande
             Advocate for Respondent 3 : Mr. S.B. Pulkundwar
                                     ...
                            CORAM : S.V. GANGAPURWALA &
                                         R.N. LADDHA, JJ.

DATED : 05/08/2021.

PER COURT :

. Mr. Sabnis, learned advocate for the petitioner

submits that the proposal was sent by the management of the

school for correction of column of caste in school record of the

petitioner. The said application was rejected only on the ground

that the petitioner has left the school.

2. The learned A.G.P. accepts the notice for respondent

Nos. 1 and 2. Mr. Pulkundwar accepts the notice for respondent

No. 3.

3. The Full Bench of this Court in the case of Janabai

d/o. Himmatrao Thakur Vs. State of Maharashtra and Ors.

reported in 2019 (6) Mh.L.J. 769 has observed that obvious

mistake in the school record can be corrected even after the

WP No.8445/21

student has left the school. In the present matter, the Education

Officer has passed the order referring to clause 26.4 of

Secondary School Code that as the petitioner has left the school,

the application cannot be entertained. In the light of judgment

of the Full Bench of this Court referred to above, the Education

Officer has to consider, whether the mistake in the school record

is obvious mistake or not and if it is obvious mistake, the same

can be corrected irrespective of the fact that the petitioner has

left the school.

4. In the light of judgment of the Full Bench (supra),

the impugned order is quashed and set aside. The Education

Officer shall reconsider the proposal of the petitioner submitted

to it for correction in the column of caste in the school record of

the petitioner on it's own merits and in the light of the

observations made above. The same shall be considered and

decision shall be taken preferably within four months.

5. The writ petition is accordingly allowed and disposed

of. No costs.

[ R.N. LADDHA, J. ] [S.V. GANGAPURWALA, J.]

ssc/