1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD WRIT PETITION NO. 5027 OF 2010 Shaikh Nawaj Jamal Sab, Age 26 yrs., Occu. Nil, R/o. At Post Narsi, Tq. Naigaon (Kh), Dist. Nanded. ....Petitioner. Versus 1. The State of Maharashtra, Through Secretary School And Education Department, Mantralaya, Mumbai. 2. The Divisional Deputy Director Of Education, Latur 3. The Collector, Nanded. 4. The District Education Officer (Primary), Zilla Parishad, Nanded. 5. The Head Master, Jivan Vikas Primary School, Narsi, Tq. Naigaon (Kh),Dist. Nanded. ....Respondents. Mr. M.R. Sonawane, Advocate for petitioner. Mr. K.G. Patil, AGP for respondent Nos. 1 to 3. Mr. S.B. Ghatol-Patil, Advocate for respondent No. 4. CORAM : B.R. GAVAI AND A.A.SAYED, JJ. DATED : 11th October, 2010. ORAL JUDGMENT : [ PER B. R. GAVAI, J.] 1. Rule, made returnable forthwith. Heard by consent. 2 2. By way of present petition the petitioner has sought direction to the respondent No. 4 to correct the school record of the petitioner by substituting his caste “Pinjari” in place of “Chapparband”. 3. The respondent No. 4 vide communication dated 8th of May 2010 has rejected the application filed by the petitioner for the said purpose by observing that he does not have jurisdiction to do so. 4. The Division Bench of this Court in the case of Vinod s/o. Bapurao Singewar Vs. The State of Maharashtra and others in Writ Petition No. 4264/2009 had an occasion to consider the issue. The Division Bench relying on the Government Resolution dated 16th of March 1983 has held 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. We, therefore, inclined to allow the petition in the similar terms as was allowed by this Court in above case. 5. 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 Government Resolution dated 16th of March 1983 read 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 3 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. 6. 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. 7. Rule is made absolute on the terms indicated above. No order as to costs. [ A. A. SAYED ] [ B. R. GAVAI ] Judge Judge ssc/wp5027.10