Case Note & Summary
The petitioners, Anil Kailas Jadhav and Santosh Kailas Jadhav, filed two separate writ petitions before the Bombay High Court, Aurangabad Bench, seeking correction of the caste entry in their school leaving certificates. The petitioners had completed their schooling from Mahatma Phule High School, Nanded, and left school after passing matriculation on 31.05.2002. At the time of admission, their caste was inadvertently recorded as 'Gadi Lohar' instead of 'Carpenter' (Sutar). The petitioners contended that their father's school records showed his caste as 'Sutar', and the Executive Magistrate, Kannad, had issued a caste certificate to their mother, Sulochanabai Kantarao Jadhav, mentioning her caste as 'Sutar'. The petitioners approached the Education Officer (Primary), Zilla Parishad, Nanded, for correction of the caste entry, but the officer refused on the ground that the school leaving certificate had been issued long ago and the petitioners had not taken any steps for correction earlier. The petitioners then filed the present writ petitions. The court examined the facts and the documents produced, including the father's bonafide certificate and school leaving certificate showing caste as 'Sutar', and the mother's caste certificate. The court held that the Education Officer has the power to correct clerical errors in school records and that the refusal was arbitrary. The court directed the Education Officer to correct the caste entry in the school leaving certificates of both petitioners from 'Gadi Lohar' to 'Sutar' (Carpenter) within four weeks. The court also held that there is no limitation for seeking correction of a clerical error. The petitions were allowed with no order as to costs.
Headnote
A) Education Law - Correction of School Records - Caste Entry - Power of Education Officer - The Education Officer (Primary) has the power to correct clerical errors in school records, including caste entries, if sufficient documentary evidence is produced. The court held that the Education Officer's refusal to correct the entry was arbitrary and directed correction based on father's school records and mother's caste certificate. (Paras 4-8) B) Evidence - Documentary Evidence - Caste Proof - Father's School Leaving Certificate and Mother's Caste Certificate - The court held that the father's school leaving certificate showing caste as 'Sutar' and the mother's caste certificate issued by the Executive Magistrate are sufficient documentary evidence to support the petitioner's claim that his caste is 'Sutar' (Carpenter) and not 'Gadi Lohar'. (Paras 4-6) C) Limitation - Correction of School Records - No Bar of Limitation - The court held that there is no limitation period for seeking correction of a clerical error in school records, especially when the error is apparent from the documents on record. The Education Officer cannot refuse correction on the ground of delay. (Para 7)
Issue of Consideration
Whether the Education Officer (Primary) has the power to correct the caste entry in the school leaving certificate of the petitioner, and whether the petitioner is entitled to such correction based on the documentary evidence produced.
Final Decision
The court allowed both writ petitions and directed the Education Officer (Primary), Zilla Parishad, Nanded, to correct the caste entry in the school leaving certificates of both petitioners from 'Gadi Lohar' to 'Sutar' (Carpenter) within four weeks. No order as to costs.
Law Points
- Correction of clerical errors in school records
- Caste entry correction
- Power of Education Officer to correct school records
- Limitation for seeking correction
- Sufficiency of documentary evidence
