Document Fragment View
Fragment Information
Showing contexts for: caste correction in Janabai Himmatrao Thakur vs The State Of Maharashtra And Others on 17 October, 2019Matching Fragments
1. This writ petition has been referred to the Full Bench by order dated 30th June, 2017 by the Division Bench (Coram : Dr. Manjula Chellur, C.J. and Mr. R.M. Borde, J.). The questions referred by the Division Bench read as under:
"(A) Whether an application seeking alteration, change or correction in the name, surname, date of birth, caste, or other entries entered in the General Register, including correction in spelling of name, surname, date of birth, caste, as recorded in the General Register, shall be entertained by or on behalf of the pupil who has left the school and the change in the aforesaid entries, is necessitated for the purposes like securing an admission to another educational institution and the School Leaving Certificate is relied upon as an evidence for name, surname, caste, date of birth, etc. (B) Whether the view adopted by the Division Bench in the matters of (i) Swapneel s/o Maroti Sonwale Vs. State of Maharashtra & others , reported in 2013 (6) Mh.L.J. 400; (ii) in the matter of Vilas s/o Dattatraya Ransubhe Vs. State of Maharashtra & others, reported in 2013(1) Mh.L.J. 851; and (iii) Arshad Khalid Jamal Vs. State of Maharashtra & others, reported in 2012(4) Mh.L.J. 646, deserves to be upheld or whether the view adopted by the Division Bench at Nagpur in Special Civil Application No.1048 of 1971, decided on 5th April, 1973 (Captain Anil Vasantrao Bhat & another Vs. Divisional Secretary, Maharashtra State Board of Secondary Education, Nagpur Divisional Board, Nagpur & another ), is a correct view.
"(A) Whether an application seeking alteration, change or correction in the name, surname, date of birth, caste, or other entries entered in the General Register, including correction in spelling of name, surname, date of birth, caste, as recorded in the General Register, shall be entertained by or on behalf of the pupil who has left the school and the change in the aforesaid entries, is necessitated for the purposes like securing an admission to another educational institution and the School Leaving Certificate is relied upon as an evidence for name, surname, caste, date of birth, etc."
The consideration of this issue depends upon the language of Clause 26.3 and 26.4 of the S.S. Code, which read as under:
26.3 26.4 1 No alteration in the date of Application for change or birth or other entries in the correction of date of birth, General Register, including name, surname, caste etc. as correction of spelling shall be entered in the General allowed without the previous Register shall be entertained permission of the appropriate from or on behalf of a pupil authority. who is attending a school.
31. In so far as the judgments under reference are concerned, it is material to state the following position :
(i) The judgment in Swapnil Vs. State, 2013 (6) Mh.L.J. 400, which is decided on 04.07.2013, is in relation to change of caste from "Lingder", as recorded in the school register, as against which, the correct caste certificates are stated to contain the entry "Wani-
190" which is recognized as OBC Category. The judgment in Swapnil fully relies upon the judgments in the cases of Shaikh Shafi Ahmed Vs. State, 2012 (5) Mh.L.J. 35, decided on 08.10.2012 and Vilas Ransube Vs. State, 2013 (1) Mh.L.J. 851 and considering that the issue is no longer res integra, directs the respondent No.2 therein, to decide the application of the petitioners as expeditiously as possible and preferably within a period of eight weeks from the date of appearance of the petitioners.