Gajanan Marotrao Nilapwad vs The State Of Maharashtra And ...
2022 Latest Caselaw 1323 Bom

                                   1                              wp 1799.2022

    IN THE HIGH COURT OF JUDICATURE AT BOMBAY
               BENCH AT AURANGABAD

               973 WRIT PETITION NO.1799 OF 2022

              GAJANAN MAROTRAO NILAPWAD
                        VERSUS
         THE STATE OF MAHARASHTRA AND OTHERS
                          ...
  Advocate for Petitioner: Mr. S. K. Parvez h/f. Mr.
               Bilolikar Upendra Bapurao
    AGP for Respondents/State: Mr. S. B. Yawalkar
                          ...

                                   CORAM: S. V. GANGAPURWALA &
                                          S. G. DIGE,JJ.

DATE: 08th FEBRUARY, 2022

PER COURT:

1. The application filed by the Petitioner for

correction of caste in the secondary school record

is rejected by the Education Officer on the ground

that the Petitioner has left the school.

2. Heard the learned Counsel for the Petitioner

and the learned A.G.P.

3. It is only if an obvious mistake exists in

recording a caste in the school record then only

the Education Officer can give directions to

correct it after the student has left the school.

2 wp 1799.2022

Reference can be had to the Judgment of the Full

Bench of this Court in case of Janabai Himmatrao

Thakur Vs. State of Maharashtra and others

reported in 2019 (6) Mh.L.J. 769.

4. In the light of above, the impugned order is

set aside. The Education Officer shall reconsider

the application of the Petitioner. The Education

Officer certainly will consider whether it is a

case of an obvious mistake in entering the caste

as Naikada in the secondary school record and if

the Education Officer arrives at the conclusion

that because of obvious mistake wrong caste was

recorded then only may entertain the application

for correction of the same in view of the Judgment

of the Full Bench of this court in case of Janabai

Himmatrao Thakur Vs. State of Maharashtra and

others (supra).

5. The Writ Petition accordingly stands disposed

of. No costs.

[S. G. DIGE, J.] [S. V. GANGAPURWALA, J.] marathe