1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO.4264 OF 2009 Vinod s/o Bapurao Singewar, R/o-Itwara, Nanded, Tq. & Dist-Nanded. ...PETITIONER. VERSUS 1) The State of Maharashtra, Through Secretary, School and Education Department, Mantralaya, Mumbai, 2) The Divisional Deputy Director of Education, Aurangabad, 3) The Collector, Nanded, 4) The District Education Officer (Primary), Zilla Parishad, Nanded, 5) The Head Master, R.R. Malpani, Adarsh Vidyalaya, Lohar Galli, Nanded, Tq. & Dist-Nanded. ...RESPONDENTS. ... Mr.M.R. Sonwane Advocate for Petitioner. Mr.V.D. Godbharale, A.G.P. for Respondent Nos. 1 to 3. Mr.V.S. Panpatte Advocate for Respondent No.4. ... 2 CORAM: A.M. KHANWILKAR AND S.S. SHINDE, JJ. DATE : 15TH JANUARY, 2010. PER COURT : 1. Heard learned counsel for the parties. Rule. Rule made returnable forthwith. By consent of the learned counsel for the parties, the matter is taken up for final hearing at the stage of admission itself. 2. The limited relief prayed in this Writ Petition is for direction against the School Authorities- Respondent No.4 to effect change in the column of caste in the school record of the Petitioner. 3. The only defence taken before this Court on behalf of Respondent No.4 is that having regard to the language of the Rule 26.4 of the Secondary 3 Schools Code, the school has no authority to make any amendment in respect of school records of the student who has already left the school- as the provision applies only to the students who are attending the school at the relevant time. 4. This argument clearly over-looks the Government Resolution No. GAC-1083/89/SE-2, issued on the point, dated 16th March, 1983 read with clauses 12 to 15 of Appendix Six of the Secondary Schools Code, which envisages that in cases where students have left the school, the correction in the school record can be carried out by the school on receipt of sanction of the appropriate authority. It is not the case of Respondent No.4 that such sanction was sought from the appropriate authority. It is seen that Respondent No.4, on receipt of the application from the Petitioner, straight-way proceeded to reject the request without guiding the parents and/or the ex-student (Petitioner) of the remedy to seek sanction of the appropriate authority. 4 5. Counsel for the Petitioner has pressed into service unreported decision of our High Court in the Case of Gorakhnath S. Kamble vs. State of Maharashtra and others in Writ Petition No.6531 of 2006 decided on 19th January, 2007. Indeed, that was a case of alteration of date of birth in the school record. In the present case, the Petitioner is seeking amendment of entry in the column of caste in the school record of the Petitioner. Even in the later case the school ought not to out- right reject the request of the former student of the school for alteration of his school record, but should await the sanction of the appropriate authority in that behalf. In the circumstances, we allow this Petition on the following terms: 6. The Respondent No.4 is directed to consider the request of the Petitioner for correction of the school record of the Petitioner by following procedure prescribed by the above-numbered Government Resolution dated 16th March 1983 read 5 with Appendix Six of the Secondary Schools Code. Subject to grant of sanction by the appropriate authority, the school record of the Petitioner may be corrected in accordance with the said provisions. The proposal be submitted to the appropriate authority for grant of sanction, within FOUR WEEKS from today. On receipt of the said proposal, the appropriate authority shall decide the same as expeditiously as possible and in any case not later than EIGHT WEEKS from its receipt on its own merits in accordance with law. The appropriate authority to afford opportunity of hearing to the Petitioner. In the event, an adverse order is passed against the Petitioner, the Authority shall record reasons therefor. 7. It is made clear that all questions whether in respect of request for sanction or for carrying out amendment in the school record, will have to be decided on its own merit in accordance with law. 6 . Rule is made absolute on the terms indicated above. [S.S. SHINDE, J.] [A.M. KHANWILKAR, J.] asb/JAN10/wp4264.09