Bombay High Court
SHARDHA NAGNATH PANCHALversusTHE STATE OF MAHARASHTRA THR THE SECRETARY AND OTHERS
- Disposal
- DISPOSED OFF
Holding
The headmaster lacks jurisdiction to reject a caste‑correction request and must forward the representation to the Education Officer as mandated by Rule 26.4 of the Secondary Schools Code.
Summary
The petitioner sought correction of his caste designation in school records from ‘Sutar’ to ‘Lohar’, but the headmaster rejected the request, claiming lack of authority. The petition challenged the headmaster’s communications dated 05/02/2026, 11/07/2026 and 27/07/2026. The Court examined Rule 26.4 of the Secondary Schools Code, which obliges the headmaster to forward such proposals to the Education Officer and does not grant him power to reject them. It held that the headmaster acted beyond his jurisdiction and his rejection was unlawful. Consequently, the writ petition was allowed, the headmaster’s communication was quashed, and he was directed to forward the petition to the Education Officer within two weeks, who must decide within another two weeks and cannot reject the request merely because the petitioner is no longer a student.
Issues considered
- Whether the headmaster had jurisdiction to reject the petitioner’s request for caste correction in school records.
- Whether the headmaster was required to forward the petition to the Education Officer under Rule 26.4 of the Secondary Schools Code.
- Whether the Education Officer can reject the petition on the ground that the petitioner is no longer a student.
Legislation cited
- Maharashtra Secondary Schools Code — s. Rule 26.4
Subjects
- caste correction
- school records
- administrative law
- writ petition
- education officer
- secondary schools code
Judgment
2026:BHC-AUG:37831-DB
1 63-WP-10206-26.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
WRIT PETITION NO. 10206 OF 2026
SHARDHA NAGNATH PANCHAL
VERSUS
THE STATE OF MAHARASHTRA THROUGH THE SECRETARY AND
OTHERS
...
Mr. Sachin S. Deogude, Advocate for the Petitioner
Mr. S. R. Wakle, AGP for Respondents/State
Mr. S. R. Dheple, Advocate for respondent No.3
...
CORAM : NITIN B. SURYAWANSHI AND
ABASAHEB D. SHINDE, JJ.
DATE : 19th AUGUST, 2026
PER COURT :
1. This petition challenges the communications dated
05/02/2026, 11/07/2026 and 27/07/2026 passed by the
respondents, thereby rejecting request of the petitioner for
correction of his caste in school record. Petitioner applied for
correction of his caste from ‘Sutar’ to ‘Lohar’. The said proposal is
rejected by the Headmaster on the ground that, he does not have
authority for correction.
2. The Headmaster under Rule 26.4 of the Secondary
Schools Code, has to forward the proposal to the Education Officer.
He has no jurisdiction to reject the proposal on the ground stated in
the said communication.
SVH
2 63-WP-10206-26.odt
3. Writ Petition is, therefore, allowed. The impugned
communication/remark issued by the Headmaster is quashed and
set-aside. The Headmaster shall forward the representation of
petitioner to the Education Officer, within a period of two weeks
from the date of receipt of copy of this order. The Education Officer
shall decide the said proposal within a period of two weeks
thereafter.
4. It is made clear that the Education Officer shall not
reject the said proposal only on the ground that the petitioner is no
more student of the said school.
(ABASAHEB D. SHINDE, J.) (NITIN B. SURYAWANSHI, J.)
SVH
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