Case Note & Summary
The petitioner, Ganesh Dadarao Thombre, filed a writ petition seeking correction of the caste entry in his birth certificate from 'Kunabi Hindu' to 'Maratha'. The request was rejected by the school authorities via communication dated 14.08.2019, citing Clause 26.4 of the Secondary Schools Code, 1986, which restricts corrections after a student leaves school. The High Court of Bombay at Aurangabad, relying on the Full Bench decision in Janabai Himmatrao Thakur v. State of Maharashtra, held that the restriction applies only to date of birth corrections, not to other entries like caste. The court allowed the petition, directing the school to correct the entry and issue a corrected birth certificate.
Headnote
A) Education Law - Correction of School Records - Caste Entry - Secondary Schools Code, 1986, Clause 26.4 - The petitioner sought correction of caste entry from 'Kunabi Hindu' to 'Maratha' in his birth certificate after leaving school. The Full Bench in Janabai Himmatrao Thakur v. State of Maharashtra held that applications for alteration in entries other than date of birth are permissible even after the student leaves school. The court allowed the petition, directing the school to correct the entry. (Paras 2-4)
Issue of Consideration
Whether correction of caste entry in birth certificate from 'Kunabi Hindu' to 'Maratha' can be permitted after the petitioner has left school, in light of Clause 26.4 of the Secondary Schools Code, 1986.
Final Decision
The petition is allowed. The school authorities are directed to correct the caste entry from 'Kunabi Hindu' to 'Maratha' in the birth certificate and issue a corrected certificate.
Law Points
- Correction of caste entry in school records is permissible even after student leaves school
- Full Bench decision in Janabai Himmatrao Thakur applies
- Clause 26.4 of Secondary Schools Code does not bar correction of caste entry
Case Details
2022 LawText (BOM) (08) 19
Writ Petition No.11415 of 2019
Mangesh S. Patil, Sandeep V. Marne
Mr. Yuvraj V. Kakade (for Petitioner), Smt. M.A. Deshpande (AGP for Respondent Nos.1 & 4)
The State of Maharashtra and others
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Nature of Litigation
Writ petition seeking correction of caste entry in birth certificate.
Remedy Sought
Petitioner seeks direction to correct caste entry from 'Kunabi Hindu' to 'Maratha' in his birth certificate.
Filing Reason
The school authorities refused to correct the caste entry on the ground that the petitioner had already left school, citing Clause 26.4 of the Secondary Schools Code, 1986.
Previous Decisions
The request was turned down by communication dated 14.08.2019.
Issues
Whether correction of caste entry in school records is permissible after the student has left school.
Submissions/Arguments
Petitioner argued that the Full Bench decision in Janabai Himmatrao Thakur permits correction of entries other than date of birth even after leaving school.
Respondents opposed the correction relying on Clause 26.4 of the Secondary Schools Code.
Ratio Decidendi
The restriction under Clause 26.4 of the Secondary Schools Code, 1986, on making alterations after a student leaves school applies only to date of birth corrections, not to other entries such as caste. The Full Bench in Janabai Himmatrao Thakur held that applications for alteration in entries other than date of birth are permissible even after the student leaves school.
Judgment Excerpts
The issue involved in the present petition is no more res integra. Full Bench of this Court in Janabai Himmatrao Thakur Vs. State of Maharashtra and others, [2019 (6) Mh.L.J. 769] has dealt with the issue of scope of correction of entries in the school record and has held as under: ...
Procedural History
The petitioner applied for correction of caste entry in his birth certificate. The school rejected the request on 14.08.2019. The petitioner then filed the present writ petition before the High Court. The matter was heard finally at the admission stage and judgment was pronounced on 10.08.2022.
Acts & Sections
- Secondary Schools Code, 1986: Clause 26.4
