1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR WRIT PETITION NO.1830/2011 BHARAT GAJANAND SOMNATHE ..VS.. STATE OF MAH AND ORS - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri S.G. Karmarkar, adv for petitioners Shri K.L. Dharmadhikari, AGP for R-1 Shri S.M. Puranik, Advocate for R-2 CORAM : SMT. VASANTI A. NAIK & P.B. VARALE, JJ. DATE : JULY 26, 2011. By this petition, the petitioner seeks a direction to the respondent no.1 to correct the caste of the petitioner from “Tirmal” to “Teli” as per the petitioner's application dated 4.2.2011 in accordance with the provisions of the Primary Education Act. The petitioner had completed his S.S.C. from the Municipal Corporation School and in his school leaving certificate his caste was recorded as “Tirmal”. It appears that the petitioner was admitted in Vidarbha Buniyadi High School and Junior College Nagpur and the caste of the petitioner was recorded as “ Tirmal”, After a lapse of almost 10 years after the petitioner completed his S.S.C. Education, the petitioner applied to the respondent no.2 Municipal School Board/ School Committee of Nagpur Municipal Corporation for correcting the caste of the petitioner from “Tirmal” to “Teli” as per the petitioner’s application dated 4.2.2011. On hearing the learned counsel for the parties and on perusal of the relevant rule of the Bombay Primary education Rules 1949, it appears that the petitioner cannot seek a direction to the respondent no.2 for correcting his caste in the school leaving certificate from “Tirmal” to “Teli” or even seek a direction to the respondent no.2 to consider the application filed by the petitioner in this regard. The 2 petitioner is claiming a correction of the entry in the caste column in view of the provisions of Rule 48(e)of the Bombay Primary Education Rules 1949. The said provision would however, not come to the rescue of the petitioner for changing his caste from “Tirmal” to “Teli” as the petitioner has already completed his S.S.C. Education in the year 2000 and the provisions of Rule 48 (e) permits the Chairman of a School Board to sanction on the recommendation of the Administrative Officer, changes in the date of birth and name and caste of pupil attending primary school. The petitioner was not attending the primary school at the relevant time when he made the application in the year 2011. The petitioner has already passed S.S.C. Examination in the year 2000 and since the petitioner or his family members had not applied for the change in the caste column while the petitioner was attending the primary school, the petitioner is not entitled to the relief sought in this petition. Hence for the reasons aforesaid the writ petition is dismissed with no order as to costs. JUDGE JUDGE SMP