Bombay High Court

SHAIKH YOUSUF SHAIKH YOUNUSversusTHE STATE OF MAHARASHTRA THR ITS SECRETARY AND OTHERS

Disposal: DISPOSED OFF

Holding

A proposal for correction of a school record must be considered on its merits even if the student has left the school.

Summary

The petitioner, a former student, filed a writ petition challenging two communications that rejected his request to correct his sub‑caste entry in the school record from ‘Gaundi’ to ‘Open/General‑Nil’. The respondents dismissed the request on the ground that the petitioner had already left the school. The Court held that a student's request for correction of school records must be considered on its merits irrespective of his current enrollment status. Consequently, the impugned communications were quashed and the matter was remanded to the Education Officer to consider the petitioner's proposal. The petitioner was directed to appear before the Education Officer on 15 September 2026, and the Education Officer was instructed not to reject the proposal on the same ground.

Issues considered

Whether a proposal for correction of a sub‑caste entry in a school record can be rejected solely because the student is no longer enrolled in the school
Whether the respondents' communications rejecting the petitioner's request are legally sustainable

Subjects

school records
caste correction
right to education
administrative law
writ petition
correction of entry

Judgment

2026:BHC-AUG:40309-DB


                                                1                     34-WP-11100-26.odt


                        IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                   BENCH AT AURANGABAD

                             WRIT PETITION NO. 11100 OF 2026

                             MR. SHAIKH YOUSUF SHAIKH YOUNUS
                                            VERSUS
                  THE STATE OF MAHARASHTRA THROUGH ITS SECRETARY AND
                                           OTHERS
                                              ...
              Mr. Saeed S. Shaikh, Advocate a/w Mr. Vishal Thorave, Advocate for
              the Petitioner
              Mr. M. K. Goyanka, AGP for Respondents/State
                                              ...

                                      CORAM : NITIN B. SURYAWANSHI AND
                                              ABASAHEB D. SHINDE, JJ.
                                       DATE : 02nd SEPTEMBER, 2026

              PER COURT :

              1.    By this petition, petitioner challenges the communication

              dated 20.07.2026 issued by Respondent No.3 and the letter dated

              22.07.2026, issued by respondent No.4, thereby rejecting the

              proposal of petitioner for correction in the school record in respect

              of his Sub-caste from ‘Gaundi’ to ‘Open/General-Nil’.


              2.    The Headmaster has sent proposal of the Petitioner for

              correction in the school record in respect of his sub-caste to

              Respondent Nos. 3 and 4. The said proposal is disposed of by

              Respondent Nos. 3 and 4 on the ground that petitioner has already

              left the school, therefore, his proposal cannot be considered. Being

              aggrieved by said order, the petitioner is before this Court.


              3.    Heard learned Advocate for the Petitioner and learned AGP for



              SVH
                                       2                  34-WP-11100-26.odt


State.


4.       It is settled legal position that even if the student has left the

school, his proposal for correction of entry in the school record, has

to be considered on merits. The impugned order rejecting the

proposal of petitioner on the ground that he is no more student of

the School, therefore, cannot be sustained.


5.       In the result, Writ Petition is allowed.


6.       Impugned communications dated 20.07.2026 and 22.07.2026,

issued by Respondent Nos. 3 and 4 respectively, are quashed and

set aside.


7.       The matter is remanded back to Respondent No. 2 for

consideration of proposal of the petitioner on merits and in the light

of decision in Janabai Himmatrao Thakur vs. The State of

Maharashtra and others; 2019(6) Mh.L.J. 769. Petitioner shall

appear before the Education Officer on 15/09/2026. Respondent No.

3 shall decide the said proposal within a period of four weeks from

the date of first appearance of the petitioner. The Education Officer

shall not reject the proposal of petitioner on the same ground.



(ABASAHEB D. SHINDE, J.)                   (NITIN B. SURYAWANSHI, J.)




SVH

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