Bombay High Court

KHATIB KHALED AHAMED KHALIL AHAMEDversusN V S MARATHWADA HIGH SCHOOL THR ITS HEADMASTER AND ANR

Disposal: DISPOSED OFF

Holding

The Head Master must forward the petitioner's application to the Education Officer; the order rejecting the application is quashed.

Summary

The petitioner sought correction of his school record to change his caste/community from “Julah” to “Musalman”. The Head Master (Respondent No.1) rejected the petitioner's application, prompting a writ petition. The High Court held that under Regulation 26.4 of the Secondary School Code, 1997, the Head Master is mandated to forward such applications to the Education Officer rather than reject them. Consequently, the court quashed the Head Master's order dated 27 July 2026 and directed the petitioner to file a fresh application, which the Head Master must forward to the Education Officer (Respondent No.2) for decision. The Education Officer is to decide the application in accordance with the precedent set in Janabai Himmatrao Thakur v. State of Maharashtra (2019).

Issues considered

Whether the Head Master can reject a petitioner's request to correct caste/community entry in school records without forwarding it to the Education Officer as required by Regulation 26.4 of the Secondary School Code, 1997.
Whether the order dated 27 July 2026 passed by the Head Master is violative of the statutory procedure prescribed under the Secondary School Code.

Legislation cited

Secondary School Code, 1997 — s. Regulation 26.4

Subjects

caste correction
school record
Secondary School Code
Regulation 26.4
writ petition
administrative law
education law

Judgment

2026:BHC-AUG:39708-DB


                                                {1}                   wp10964-26.doc
                 drp
                         IN THE HIGH COURT OF JUDICATURE OF BOMBAY
                                    BENCH AT AURANGABAD

                                 WRIT PETITION NO. 10964 OF 2026

                 Khatib Khaled Ahmed Khalil Ahamed                    PETITIONER

                        VERSUS

                 N. V. S. Marathwada High School and Others         RESPONDENTS

                                               .......
                 Mr. Z. H. Farooqui, Advocate for the Petitioner
                 Mr. A. B. Girase, Government Pleader for Respondent - State
                                               .......

                             [CORAM : NITIN B. SURYAWANSHI, &
                                      ABASAHEB D. SHINDE, J. J.]

                                     DATE : 31st AUGUST, 2026

                 ORDER :

                 1.     Leave to amend and add State as party Respondent.


                 2.     This Petition challenges order passed by the Head Master –

                 Respondent No.1, thereby rejecting proposal of the Petitioner to

                 correct the school record in respect of his caste/community from

                 “Julah” to “Musalman”.


                 3.     This Court has consistently taken a view that as per the

                 Regulation 26.4 of Secondary School Code, 1997, it is imperative

                 for the Head Master to forward the application for such

                 correction to the Education Officer instead of rejecting the same.
                                 {2}                  wp10964-26.doc

4.    In that view of the matter, the impugned order cannot be

sustained. In the result, following order:

                              ORDER

     a.    The Writ Petition is allowed.

     b.    The impugned order dated 27 th July, 2026 passed by
           Respondent No.1 Head Master is quashed and set
           aside.

     c.    The Petitioner to file fresh application to Respondent
           No.1 - Head Master.

     d.    Respondent No.1 – Head Maser is directed to forward
           the said application of the Petitioner to Respondent
           No.2 for further action, within a period of one week of
           its receipt.

     e.    Respondent No.2 shall decide the application on its

           own merits, in the light of the law laid down in the

           matter of “Janabai Himmatrao Thakur V/s State of

           Maharashtra and Others” 2019 (6) Mh.L.J. 769 , within

           a period of four weeks from the date of receipt of said

           application.



[ ABASAHEB D. SHINDE ]                     [ NITIN B. SURYAWANSHI ]
         JUDGE                                        JUDGE

drp/wp10964-26.doc

Continue reading with your account

Checking your session…