SCA/6449/2008 1/6 JUDGMENT IN THE HIGH COURT OF GUJARAT AT AHMEDABAD SPECIAL CIVIL APPLICATION No. 6449 of 2008 For Approval and Signature: HONOURABLE MR.JUSTICE JAYANT PATEL ========================================================= 1 Whether Reporters of Local Papers may be allowed to see the judgment ? 2 To be referred to the Reporter or not ? 3 Whether their Lordships wish to see the fair copy of the judgment ? 4 Whether this case involves a substantial question of law as to the interpretation of the constitution of India, 1950 or any order made thereunder ? 5 Whether it is to be circulated to the civil judge ? ========================================================= JARADI DILIP RATILAL ON BEHALFOF RIDDHI DILIP JARADI - Petitioner(s) Versus STATE OF GUJARAT & 3 - Respondent(s) ========================================================= Appearance : MR MAHESH BHAVSAR for Petitioner(s) : 1, MS TRUSHA PATEL, AGP for Respondent(s) : 1, NOTICE SERVED BY DS for Respondent(s) : 2 - 4. ========================================================= CORAM : HONOURABLE MR.JUSTICE JAYANT PATEL Date : 30/04/2008 ORAL JUDGMENT 1. Rule. Ms.Patel, learned AGP appears for respondents Nos. 1, 2 & 4 and waives notice of SCA/6449/2008 2/6 JUDGMENT Rule. Respondent No.3 has not appeared inspite of the notice served. 2. The short facts of the case appears to be that in the school record of Sheth Chimanlal Nagindas Vidhyalay, the name of the daughter of the petitioner “Riddhi”, the religion and caste is mentioned as Hindu Soni. It is the case of the petitioner Dilipbhai, father of Riddhi that, he is belonging to Mochi caste and for such purpose, Certificate has also been issued by the Social Welfare Officer. A copy of the Certificate dated 03.08.1994 is produced at Annexure-C. Even in the School Leaving Certificate, Jaradi Dilip Ratilal who is father of Riddhi, race and caste with sub-caste is mentioned as Hindu Mochi. A copy of the School Leaving Certificate of the father dated 01.06.1967 is also produced at Annexure-D. Further, the mother of Riddhi is Indiraben and her caste is also shown as Mochi vide Certificate of the Social Welfare Officer dated 30.05.1979, copy whereof is produced at Annexure-E and even in the School Leaving Certificate of the mother Indiraben, the religion and caste is shown as Mochi vide School Leaving Certificate dated 02.06.1969, copy whereof is produced at Annexure-F. Therefore, as per the petitioner, even in the School leaving Certificate of his daughter Riddhi, the caste should be mentioned as Mochi and not Soni. SCA/6449/2008 3/6 JUDGMENT The petitioner applied to the school for correction in the School Leaving Certificate vide application No. 26.12.2007, but as no action was taken by the School, copy was submitted to the District Education Officer and the school also forwarded the application to the DEO. The DEO rejected the same on the ground that the public examination of SSC is passed and therefore, no permission can be granted. It is under these circumstances, the present petition. 3. Heard Mr.Bhavsar for the petitioner and Ms.Patel, learned AGP for the State Authorities. 4. Upon hearing the learned advocate appearing for both the sides, it appears that the matter is as such covered by the decision of this Court in the case of Archana Ramanbhai Patel Vs. State of Gujarat reported at 2006(0) GLHEL 216781, wherein, this Court had an occasion to consider similar question for correction in the School record based on the tribe of the father of the girl. This Court in the said decision observed at para 5 to 7 as under: “5. It appears that, as stated by the petitioner, up till now the School Leaving Certificate is not issued, since the petitioner has studied in 12th Standard and the petitioner has passed recently. Therefore, the District Education Officer can direct for alteration in the record of the school in case he is satisfied on merits of such alteration. SCA/6449/2008 4/6 JUDGMENT 6. As regards the satisfaction of the claim of the petitioner is concerned, in normal circumstances a child, born out of a wed-lock of father and mother, would be entitled to have the record based on the caste or tribe of the father. Since, in the present case, the certificate is issued, copy whereof is produced in the present petition, ultimately it will be for the District Education Officer – Respondent No.2 to examine the genuineness of the claim made by the petitioner that she belongs to “Hindu – Dhodia” tribe and not “Patel” caste and if respondent No.2 is satisfied that the claim is genuine, the necessary direction can be given by respondent No.2 to respondent No.3 – School for correcting the record of the School. 7. In view of the above, it is hereby directed that respondent No.2 shall examine the genuineness of the claim for alteration of the tribe of the petitioner, as early as possible, preferably within a period of two weeks from the date of receipt of the order of this Court and shall decide the matter as to whether claim of the petitioner is genuine or not. In the event respondent No.2 is satisfied about the claim of the petitioner for alteration in the school record, necessary consequential direction shall be given by respondent No.2 to respondent No.3 for alteration of the record.” 5. More or less, similar fact situation arise even in the present case. If the caste of the father, petitioner herein, and mother of Riddhi is mochi, the daughter of the petitioner, as a natural corollary would belong to Mochi caste and therefore, if in the school record, the caste is not correctly mentioned, it will be for SCA/6449/2008 5/6 JUDGMENT the DEO to examine the genuineness of the documents produced for showing the caste of the father and mother and if it is found that the caste of the father and mother is Mochi, the daughter of the petitioner would be entitled to have the correction in the school record as Hindu Mochi in place of Hindu Soni. 6. The learned AGP relying upon the regulation 12.5, attempted to submit that all the requirements are not satisfied and therefore, the direction may not be issued and it was also submitted that the petitioner may be relegated to the remedy of approaching before the judicial magistrate first class for such purpose. 7. As such, as per the said regulation, so long as the student is in the school, there are powers with the authority to correct the school record. The regulation speaks for various correction. In the present case, the correction is pertaining to correction of caste. It may be that the affidavit may be required to be filed by the petitioner together with the documentary evidence for his caste certificate and also of his wife, the mother of Riddhi, but thereby, it cannot be said that there is no power. Further as the petitioner has uptil now not left the school after completing 12th standard, the directions can be issued for considering the case and to correct the record accordingly, if SCA/6449/2008 6/6 JUDGMENT the genuineness is found for such purpose. 8. Hence, similar directions as were given in the above referred decision deserves to be issued in the present case. 9. In view of the above, it is hereby directed that the DEO shall examine the genuineness of the application as well as the relevant documents for alteration of the caste of the daughter of the petitioner as early as possible preferably within a period of two weeks from the receipt of the order of this Court and in the event the DEO is satisfied about the claim of the petitioner for alteration in the school record, necessary consequential direction shall be given by him to the school for alteration of the record. 10.Petition is allowed to the aforesaid extent. Rule made absolute accordingly. No order as to costs. D.S. (JAYANT PATEL, J.) *bjoy