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Bombay High Court

MINAKSHI SHESHERAO GURDHALKARA AND OTHERSversusTHE STATE OF MAHARASHTRA AND OTHERS

Disposal
DISPOSED OFF

Holding

School authorities may correct caste entries in school records even after the student has left the school under Clause 26.4 of the Maharashtra Secondary School Code.

Summary

The petitioners sought a court order directing the school authorities to correct their caste entry in school records from "Mala Jangam" to "Hindu‑Nhavi". They relied on the Full Bench judgment in Janabai v State of Maharashtra, which held that under Clause 26.4 of the Maharashtra Secondary School Code, schools may amend caste entries even after a student has left the institution. The State opposed the petition, arguing that the clause did not permit such correction. The High Court examined the precedent and concluded that the school authorities indeed have the power to rectify the erroneous entry. Accordingly, the Court directed the respondents to consider the grievance and correct the record within eight weeks, disposing of the petition.

Issues considered

  • Whether school authorities can correct a caste entry in a school record after the student has left the school under Clause 26.4 of the Maharashtra Secondary School Code.
  • Whether the petitioners are entitled to a judicial direction to have the erroneous caste entry corrected.

Legislation cited

  • Maharashtra Secondary School Code — s. Clause 26.4

Subjects

  • caste correction
  • school records
  • Secondary School Code
  • administrative law
  • right to identity

Judgment

2026:BHC-AUG:4935-DB




                                                  -1-

                        IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                     BENCH AT AURANGABAD

                                  36 WRIT PETITION NO. 5733 OF 2015

                        MINAKSHI SHESHERAO GURDHALKAR AND OTHERS
                                          VERSUS
                           THE STATE OF MAHARASHTRA AND OTHERS

              Mr.K.P.Rodge h/f Mr.P.G.Rodge, Advocate for the petitioners.
              Mr.S.P. Joshi, AGP for the respondent/State.

                                   ( CORAM : KISHORE C. SANT AND
                                             SUSHIL M. GHODESWAR, JJ. )

                                      DATE : 2 FEBRUARY, 2026


              PER COURT :


              1.             This petition is filed seeking directions to respondent Nos.

              3 and 4 to correct the entry in the school record as regards the caste of

              the petitioners.    The petitioners claim to be belonging to caste ‘Hindu-

              Nhavi’. However, the same is wrongly recorded.           It is case of the

              petitioners that it is wrongly recorded as “Mala Jangam” in the school

              record.     The learned Advocate for the petitioners relies upon the

              judgment in the case of Janabai d/o Himmatrao Thakur Vs. State of

              Maharashtra and others [2019(6) Mh.L.J.769] of the Full Bench of this

              Court, which has considered the issue of Clause No.26.4 of the



              khs/Feb.2026/5733
                                    -2-

Secondary School Code and held that the School Authorities can correct

the entries in the name of caste.



2.             The petition is opposed by the learned AGP, by relying upon

clause 26.4. However, the Full Bench has held that the entries can be

considered and corrected by the School Authorities even after the

person/student has left the school.



3.             Considering the above, we dispose off the petition with

directions to respondent Nos. 3 and 4 to consider the grievance of the

petitioners in the light of the judgment in the case of Janabai Thakur

(supra).



4.             The instant petition stands disposed of accordingly.   The

whole exercise be done within a period of 8 weeks from today.




     ( SUSHIL M. GHODESWAR, J.)                   ( KISHORE C. SANT, J.)




khs/Feb.2026/5733


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