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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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