1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO.704 OF 2010 ----------------------------------------------------------------- Office Notes, Office Memoranda of | Coram, appearances, Court’s orders | Court’s or Judge’s or directions and Registrar’s | orders orders | ----------------------------------------------------------------- Mr. C.K.Shinde, Advocate for petitioner. Mr. V.D. Godbharle, A.G.P. for respondent Nos.1 and 2. CORAM : A.M. KHANWILKAR, AND S.S. SHINDE, JJ. DATE : 8TH FEBRUARY, 2010 Rule. Rule made returnable forthwith. With the consent of learned Counsel for the parties, the petition is taken up for final hearing at admission stage. Heard Counsel for the parties. 2. By this petition under Article 226 of the Constitution of India, it is prayed that direction be issued to respondent No.2 to grant permission to effect the change / correction in the caste column of the School Leaving Certificate thereby replacing the entry 2 of 'Maratha' caste in place of entry 'Kunbi' in the certificate and allow the respondent No. 3 to issue corrected school leaving certificate. 3. The part of the controversy has been answered in our decision in the case of Vinod s/o Baurao Singewar vs. The State of Maharashtra and others in W.P. No. 4264 of 2009 decided on 15-01-2010. As per the scheme of the provisions of Secondary School Code and Government Resolution dated 16-03-1983,if the change in the school leaving certificate is to be effected after candidate has left the school, such proposal has to be submitted to the appropriate authority. After grant of sanction by the appropriate authority, the school authorities would be free to examine the request for carrying out the correction in the school leaving certificate of such candidate although he is no more pursuing education in that 3 school. 4. In the present case, the petitioner has already submitted proposal to respondent No.2. As per said G.R. dated 16-03-1983 read with Appendix Six of the Secondary Schools Code, the appropriate authority is free to consider the question of grant of sanction on case to case basis. That authority is bestowed with the power to accord sanction which obviously imposes duty on the authority to consider the proposal justly and reasonably. 5. Be that as it may, it is not open for us to issue direction to respondent No. 2 to grant sanction. After respondent No. 2 accords sanction, on that basis, the petitioner would be free to pursue the matter with the school authorities for correction of the school leaving certificate. However, if the sanction were to be refused, the 4 appropriate authority shall record reasons for such refusal so that the petitioner would be free to question the correctness thereof before the appropriate Forum. 6. Respondent No. 2 shall finally dispose of the proposal not later than two weeks from today on condition that the petitioner shall appear before the authority on 15-02-2010 at 11-00 a.m. and present representation for early disposal of the proposal and pass final orders within two weeks from today. In view of this order, earlier order passed by respondent No. 2 is set aside with direction to respondent No.2 to consider the proposal afresh on its own merits, in accordance with law. The petition is disposed of accordingly. Rule made absolute in above terms. ( S.S. SHINDE, J. ) (A.M. KHANWILKAR,J.) sut/FEB10/wp704.10