Kunalsinh Vijaysinh Chouhan vs The State Of Maharashtra And ...
2021 Latest Caselaw 2686 Bom

                                                                                           936
                 IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                            BENCH AT AURANGABAD
                         936 WRIT PETITION NO.2617 OF 2021

                          KUNALSINH VIJAYSINH CHOUHAN
                                        VERSUS
                     THE STATE OF MAHARASHTRA AND OTHERS
                                           ...
                     Advocate for Petitioner : Mr Rathi Swapnil S.
                     AGP for Respondents State: Mrs P V Diggikar


                                       CORAM   : S. V. GANGAPURWALA &
                                                 SHRIKANT D. KULKARNI, JJ.
                                       DATE    : 10th February, 2021.
ORDER:

1. The application filed by the petitioner for changing the caste

recorded in the school record is rejected on the ground that the petitioner

has left the school.

2. The learned counsel submits that caste of the petitioner is

recorded as "Hindu Rajput Bhamta". The same is in reserved category.

All documents of the petitioner are of Hindu Rajput and not Hindu Rajput

Bhamta. The petitioner wants to delete word "Bhamta" from the caste

column of his school record.

3. The application of the petitioner is basically rejected on the

ground that the petitioner has left the school. The Full Bench of this court

in the case of Janabai Vs. State of Maharashtra, reported in 2019 (6)

Mh.L.J.769 has held that obvious mistake can be corrected even after

pupil has left the school.

4. In the present case, the petitioner is not seeking benefit of

reservation and reserved caste mentioned is incorrect. He belongs to open

category.

5. Considering the judgment of the Full Bench (supra) and the fact

narrated above, the impugned order is quashed and set aside.

6. The Education Officer shall reconsider the application of the

petitioner and shall not reject the same only on the ground that the

petitioner has left the school.

7. Writ petition is accordingly disposed of. No costs.

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

JPC