Case Note & Summary
The petitioner, Ishwarsing Ladusing Kakarwal, filed a writ petition challenging an order dated 5.11.2020 passed by the Education Officer (Secondary), Zilla Parishad, Aurangabad, which rejected his application for corrections in the school record of Primary School, Shivur. The petitioner had left the school and later applied on 17th August 2020 seeking correction of his caste from 'Rajput Bhamta' to 'Pardeshi' and his date of birth from '11.06.1989' to '11.06.1991'. The Education Officer rejected the application stating that such corrections cannot be permitted as the petitioner had left the school. The petitioner argued that the rejection was arbitrary and illegal. The respondents, represented by the Assistant Government Pleader, relied on the Full Bench judgment of the Bombay High Court in Janabai vs. State of Maharashtra, 2019(6) Mh.L.J. 769, contending that the corrections sought were not 'obvious mistakes' and thus not permissible. The High Court, after hearing both sides, examined the Full Bench judgment and found that the corrections sought by the petitioner did not fall within the category of 'obvious mistakes' as defined in the said judgment. The court noted that the petitioner had left the school and the corrections were substantial in nature, relating to caste and date of birth. The court held that the order of the Education Officer did not suffer from any illegality and dismissed the petition. The decision was based on the principle that school records cannot be corrected at the instance of an ex-student except for obvious mistakes, and the petitioner's request did not qualify as such.
Headnote
A) Education Law - Correction of School Records - Obvious Mistakes - The petitioner sought correction of caste from 'Rajput Bhamta' to 'Pardeshi' and date of birth from '11.06.1989' to '11.06.1991' in school records after leaving the school. The Education Officer rejected the application on the ground that the petitioner had left the school. The High Court dismissed the petition, holding that in view of the Full Bench judgment in Janabai vs. State of Maharashtra, 2019(6) Mh.L.J. 769, corrections not relating to 'obvious mistakes' are not permissible, and the petitioner being an ex-student cannot seek such corrections. (Paras 2-6)
Issue of Consideration
Whether a person who has left school can seek corrections in school record regarding caste and date of birth, and whether such corrections are permissible under the Full Bench judgment in Janabai vs. State of Maharashtra.
Final Decision
The writ petition is dismissed. The order dated 5.11.2020 passed by the Education Officer (Secondary), Zilla Parishad, Aurangabad is upheld.
Law Points
- Correction of school records
- Obvious mistakes
- Caste correction
- Date of birth correction
- Ex-student cannot seek corrections
Case Details
2023 LawText (BOM) (10) 14
WRIT PETITION NO. 11423 OF 2023
DEVENDRA KUMAR UPADHYAYA, C.J., ARUN R. PEDNEKER, J.
Sunny Santosh Khivansara, A.V. Deshmukh, S.R. Dhelpe
Ishwarsing S/o. Ladusing Kakarwal
Education Officer (Primary), Zilla Parishad, Aurangabad; Education Officer (Secondary), Zilla Parishad, Aurangabad; Maharashtra State Board of Higher and Secondary Education, Pune
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Nature of Litigation
Writ petition challenging rejection of application for correction of school records.
Remedy Sought
Petitioner sought quashing of order dated 5.11.2020 and direction to respondents to correct his caste and date of birth in school records.
Filing Reason
Petitioner's application for correction of caste from 'Rajput Bhamta' to 'Pardeshi' and date of birth from '11.06.1989' to '11.06.1991' was rejected by Education Officer on ground that petitioner had left the school.
Previous Decisions
Order dated 5.11.2020 passed by Education Officer (Secondary), Zilla Parishad, Aurangabad rejecting the correction application.
Issues
Whether the petitioner, having left the school, is entitled to seek corrections in school record regarding caste and date of birth.
Whether the corrections sought fall within the category of 'obvious mistakes' as per the Full Bench judgment in Janabai vs. State of Maharashtra.
Submissions/Arguments
Petitioner argued that rejection of correction application was arbitrary and illegal as the school record contained wrong entries.
Respondents argued that in view of Janabai judgment, corrections not relating to obvious mistakes are not permissible, and petitioner being an ex-student cannot seek corrections.
Ratio Decidendi
Corrections in school records can only be permitted for 'obvious mistakes' as per the Full Bench judgment in Janabai vs. State of Maharashtra. The petitioner, having left the school, cannot seek substantial corrections like caste and date of birth, which are not obvious mistakes.
Judgment Excerpts
This petition seeks to assail the order dated 5.11.2020 passed by the Education Officer (Secondary), Zilla Parishad, Aurangabad – Respondent No.2, whereby, the prayer made by the petitioner seeking corrections in the school record of Primary School, Shivur, Taluka Vaijapur, District Aurangabad, has been rejected, stating the reason that such corrections cannot be permitted as the petitioner had left the school.
Having heard the learned counsel for the parties and having perused the judgment of the Full bench of this Court in the case of “Janabai” (supra), we are of the considered opinion that the order impugned in this petition does not suffer from any illegality. The petition is accordingly dismissed.
Procedural History
Petitioner applied on 17.08.2020 for correction of school records. Education Officer rejected application on 05.11.2020. Petitioner filed Writ Petition No. 11423 of 2023 before Bombay High Court (Aurangabad Bench) challenging the rejection. The petition was heard and dismissed on 13.10.2023.
