Case Note & Summary
The petitioners, Swapneel and Sanket Sonwale, filed two writ petitions before the Bombay High Court, Aurangabad Bench, seeking correction of their caste entry in school records. They claimed to belong to the 'Wani' caste, which falls under Other Backward Classes (OBC). They had studied from 5th to 10th standard at Amanvishwa High School, respondent no.3. The school's admission register and school leaving certificates erroneously recorded their caste as 'Lingder' instead of 'Wani'. After completing 11th and 12th standard at Swami Vivekanand College, the same incorrect entry continued due to the school leaving certificates. The petitioners obtained correct caste certificates from the Sub Divisional Officer, Kandhar on 04/06/2010, certifying their caste as 'Wani' (OBC). They approached the school for correction, but the school refused. The petitioners then filed writ petitions seeking a direction to the school to correct the caste entry in the admission register and issue corrected school leaving certificates. The court considered the issue of whether school authorities can be compelled to correct caste entries based on valid caste certificates. The court noted that the caste certificates were issued by a competent authority and the school cannot refuse to act upon them. The court directed the school to carry out necessary corrections in the admission register and issue corrected school leaving certificates within four weeks. The petitions were allowed with no order as to costs.
Headnote
A) Education Law - Caste Entry Correction - School Records - The petitioners sought correction of caste entry from 'Lingder' to 'Wani' in school admission register and leaving certificates based on caste certificates issued by Sub Divisional Officer. The court held that the school authorities cannot refuse to correct the entry when a valid caste certificate is produced by a competent authority. The school is directed to carry out necessary corrections and issue corrected school leaving certificates. (Paras 1-6) B) Caste Certificate - Validity - Competent Authority - The Sub Divisional Officer issued caste certificates to the petitioners on 04/06/2010 certifying their caste as 'Wani' (OBC). The court held that such certificates are valid and the school cannot question their authenticity. The school must act upon them and correct its records. (Paras 3-6)
Issue of Consideration
Whether the school authorities can be directed to correct the caste entry in the school records from 'Lingder' to 'Wani' based on caste certificates issued by the Sub Divisional Officer.
Final Decision
The petitions are allowed. Respondent no.3 school is directed to carry out necessary corrections in the admission register and issue corrected school leaving certificates to the petitioners within four weeks. Rule made absolute. No order as to costs.
Law Points
- Caste entry in school records can be corrected based on valid caste certificate issued by competent authority
- School authorities cannot refuse correction if caste certificate is valid
- No requirement for school to verify caste certificate if issued by competent authority
