WP No.9128/10 1 IN THE HIGH COURT AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD WRIT PETITION NO. 9128 OF 2010 Prabhakar Raghoji Manalkar, Age 56 yrs., Occu. Nil., R/o. Shirad Shahapur, Dist. Hingoli. ....Petitioner. Versus 1. State of Maharashtra, Secretary, Secondary & Higher Secondary, Mantralaya, Mumbai, 32. 2. Education Officer, Primary, Zilla Parishad, Hingoli. 3. The Divisional Secretary, Maharashtra State Board of Secondary & Higher Secondary, Aurangabad. 4. Zilla Parishad Prashala, Through its Head Master, Shirad Shahapur, Tq. Aundha Nagnath, Dist. Hingoli. ....Respondents. Mr. S.M. Kulkarni, Advocate for petitioner. Mr. K.G. Patil, A.G.P. for respondent Nos. 1 and 2. Mr. A.R. Nikam, Advocate for respondent No. 3. Mr. V.S. Panpatte, Advocate for respondent No. 4. CORAM : NARESH H. PATIL & T. V. NALAWADE, JJ. DATED : 4th October, 2011. WP No.9128/10 2 ORAL JUDGMENT : [ PER NARESH H. PATIL, J. ] 1. Leave to correct the name of respondent No. 2. 2. Rule. Rule made returnable forthwith. 3. The petitioner prays for directions to respondents to correct the entry in the school record maintained by Zilla Parishad Prashala, Shirad Shahapur,Tq. Aundha Nagnath, Dist. Hingoli. The petitioner prays for inserting the caste as 'Mahadev Koli', a Scheduled Tribe. The petitioner claims that he has obtained certificate issued from the Sub Divisional Officer to the effect that he belongs to Mahadev Koli, a Scheduled Tribe. 4. Appendix Six of the Secondary School Code provides for rules and procedure for changes in names, surnames, date of birth and caste or sub-caste of pupils studying in the school. Clause 2 of the said Rules refers to change in caste, sub-caste in respect of B.C. pupils only. The term "backward" means and includes Scheduled Castes, Scheduled Tribes, Denotified Tribes, Nomadic Tribes and Other Backward Classes. 5. We have perused the provisions of Rule 26.4 of WP No.9128/10 3 Secondary School Code. The learned counsel for the petitioner submits that appropriate application in the light of provisions of Secondary School Code would be submitted to the appropriate authority i.e. the Education Officer, Primary, Zilla Parishad within four weeks from today. 6. In case such application is submitted, the Education Officer, being appropriate authority for such purposes, would consider the entire record and after hearing the parties, if necessary, pass appropriate orders regarding sanction to correct the school record in respect of caste claim of the petitioner. The appropriate authority shall dispose of the application by passing brief reasoned order within eight weeks from the date of receipt of the proposal. 7. Rule is made absolute in aforesaid terms. [ T. V. NALAWADE, J.] [ NARESH H. PATIL, J.] ssc/