Bombay High Court

SHAIKH ARBAJ FAROOQUEversusTHE EDUCATION OFFICER PRIMARY AND ANOTHER

Disposal: DISPOSED OFF

Holding

A headmaster cannot reject an application for correction in a primary school record but must forward it to the Education Officer as mandated by Regulation 26.4 of the Secondary School Code, 1977.

Summary

The petitioner sought correction of his primary school record, but the headmaster of the school rejected the application. The petitioner filed a writ petition challenging the rejection. The Court examined Regulation 26.4 of the Secondary School Code, 1977, which obliges a headmaster to forward such proposals to the Education Officer rather than reject them. Accordingly, the Court held that the headmaster’s refusal was unlawful and quashed the impugned order. The petition was allowed, directing the headmaster to forward the application within two weeks and directing the Education Officer to consider it on its merits, not to reject it merely because the petitioner is not currently studying at the school.

Issues considered

Whether a headmaster may reject an application for correction of a primary school record under Regulation 26.4 of the Secondary School Code, 1977.
Whether the Education Officer must consider the application on its merits and cannot reject it solely because the petitioner is not presently enrolled in the school.

Legislation cited

Secondary School Code, 1977 — s. Regulation 26.4

Subjects

school record correction
writ petition
education officer
secondary school code
administrative law
Regulation 26.4

Judgment

2026:BHC-AUG:43052-DB


                                                 1                 68-WP-12228-26.odt


                        IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                   BENCH AT AURANGABAD

                              WRIT PETITION NO. 12228 OF 2026

                                    SHAIKH ARBAJ FAROOQUE
                                            VERSUS
                         THE EDUCATION OFFICER PRIMARY AND ANOTHER
                                                ...
              Mr. Wajeed Ahmed Shaikh, Advocate for the Petitioner
              Mr. S. R. Yadav Lonikar, Advocate for Respondent No.1
                                                ...

                                      CORAM : NITIN B. SURYAWANSHI AND
                                              ABASAHEB D. SHINDE, JJ.
                                       DATE : 21st SEPTEMBER, 2026

              PER COURT :

              1.           Application of the petitioner seeking correction in the

              Primary School record is rejected by the Headmaster of respondent

              No.2 School.


              2.           This Court has consistently taken a view that as per

              Regulation 26.4 of the Secondary School Code, 1977, it is

              imperative for the Headmaster to forward the proposal to Education

              Officer instead of rejecting the same. Therefore, the impugned order

              cannot be sustained.


              3.           In the result, the writ petition is allowed. Impugned

              order   dated   03/07/2026   is   hereby   quashed   and   set   aside.

              Respondent No.2 shall forward the application of the petitioner

              dated 03/07/2026 to the Education Officer (Primary) within a period

              of two weeks from the date of receipt of copy of this order. The



              SVH
                                  2                   68-WP-12228-26.odt


Education Officer shall consider the application of petitioner on it’s

own merits and in the light of decision in Janabai Himmatrao

Thakur vs. The State of Maharashtra and others [2019(6)

Mh.L.J. 769].


4.          It is made clear that the Education Officer shall not

reject the said application only on the ground that the petitioner is

not taking education the said School presently.



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




SVH

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