Vilas S/O Dattatraya Ransubhe Vs. the State of Maharashtra, Through the Secretary, School Education and Sports Department and Others - Court Judgment

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			'judgement' => '<p style="text-align: justify;"><strong>Oral Judgment : [ R.M. Borde, J.]</strong><p style="text-align: justify;"> Rule. Rule made returnable forthwith.</p><p style="text-align: justify;"> With consent of the parties, the petition is taken up for final disposal at admission stage.</p><p style="text-align: justify;"> 2. The petitioner claims to be belonging to Bhavsar Kshetriya caste which is included in Other Backward Class category. The petitioner is serving as Conductor in Maharashtra State Road Transport Corporation. The school record of the petitioner records caste as 'Hindu Maratha'. According to the petitioner, while securing admission in school, his father has erroneously recorded the entry as 'Hindu Maratha'. He further contends that old record pertaining to his father, uncle and other near relatives show that they belong to 'Bhavsar Kehstriya caste'. The petitioner has also been issued caste certificate by the competent authority. The son of the petitioner has also been issued caste certificate by the competent authority certifying that he belongs to 'Bhavsar Kshetriya caste' and his caste claim has been validated by the competent Committee. The petitioner, therefore, tendered application to school where he was studying for onward transmission to the Education Officer (Primary), Zilla Parishad, Osmanabad for issuing directions for affecting necessary corrections. The school authority forwarded the application with favourable recommendation to the Education Officer. The Education Officer (Primary) by his order dated 1st November, 2011 was pleased to reject the application recording that since the petitioner has left the school, the application is not maintainable.</p><p style="text-align: justify;"> 3. The petitioner tendered appeal to the Deputy Director of Education, Latur Division, Latur,which was heard and disposed of by Deputy Director of Education, Latur Division, Latur on 30th January, 2012 and appeal came to be dismissed. The appellate authority has recorded in the order that rule 26.4, Appendix-Six of the Secondary Schools Code-2006 does not permit to make correction in the entries in respect of caste in the school record after pupil has left the school. According to the petitioner, reasons recorded by both the authorities for turning down his claim are erroneous and against the provisions of Secondary Schools Code, 2006. Rule 26.4 of the Secondary Schools Code, 2006 prescribe that application for change or correction of date of birth, name, surname, caste etc., as entered in the General Register shall be entertained from or on behalf of a pupil who is attending a school. It further provide that such application shall not be entertained from or on behalf of a pupil, who has left the school, as the same amounts not only to a change in the entries in the General Register but also to a change in the School Leaving Certificate. It has been further prescribed that, however, for the purposes like an admission to another educational institution the School Leaving certificate is relied upon as an evidence for name, surname, caste, date of birth etc., and in bonafide cases where wrong spelling of a word or an obvious mistake of the type mentioned in sub-rule 3 above is noticed any time after issue of the School Leaving Certificate and the same is required to be corrected so as to be consistent with the corresponding entries in the General Register of the school or those in the School Leaving Certificate issued by the previous school, such applications shall be entertained. The procedure to be followed in such cases is laid down in Appendix Six.</p><p style="text-align: justify;"> 4. Rule 26.4 of the Secondary Schools Code, 2006 has been interpreted by the Division Bench of this Court in the matter of Shaikh Shafi Ahmed Khadarsab vs. The State of Maharashtra and others in Writ Petition No. 1138 of 2009 decided on 13<sup>th</sup> March, 2012. In paragraph-11 of the judgment cited supra, the Division Bench of this Court has observed thus:</p><p style="text-align: justify;"> "11. For all these reasons, we hold that the instructions contained in para 26.4 of the S.S.Code that an application for change of an entry in the General Register of a school shall be entertained only on behalf of the pupil who is attending the school meaning thereby that it shall not be entertained on behalf of the pupil who has left the school, are directory and not mandatory. In our view, such an application can be entertained even after the pupil has left the school, provided the application is bona-fide and the pupil is able to satisfy that the original entry in the General Register of the school is erroneous. The application can be rejected if the entry is not shown to be erroneous and wrong. It, however, cannot be rejected without it being considered on merits, only on the technical ground that the application has been made after the pupil has left the school."</p><p style="text-align: justify;"> 5. Appendix Six of the Secondary Schools Code, 2006 lays down the procedure in respect of making correction and change in names, surnames, caste/sub-caste, date of birth etc., Paragraph Nos.12 to 15 of Appendix Six reads thus:</p><p style="text-align: justify;"> "<strong>Change in Caste or Sub-Caste (in respect of B.C. pupils only):</strong></p><p style="text-align: justify;"> (12) For making changes in caste or sub-caste of Backward Class pupils the guardian of the pupil shall make an application in Form No. 3 accompanying these rules.</p><p style="text-align: justify;"> (13) Permission may be given to change the entries in the General Register of the school in respect of "caste" or "sub-caste" of Backward Class pupils in the following circumstances.</p><p style="text-align: justify;"> (i) due to wrong entries made initially;</p><p style="text-align: justify;"> (ii) due to change in religion;</p><p style="text-align: justify;"> (iii) if the caste previously treated as non-backward was subsequently declared by Government as Backward or vice-versa.</p><p style="text-align: justify;"> (iv) due to adoption;</p><p style="text-align: justify;"> (v) due to inter-caste or inter-religion marriage;</p><p style="text-align: justify;"> (14) For this purpose, the necessary certificates from the following authorities must accompany the application for change of caste or sub-caste:</p><p style="text-align: justify;"> <strong>(a) For Reasons</strong>, (i),(ii) and (iii) above:</p><p style="text-align: justify;"> In Greater Bombay (a) The Chief Presidency Magistrate or the Presidency Magistrate authorised by him;</p><p style="text-align: justify;"> Or</p><p style="text-align: justify;"> (b) Justice of Peace; or (Deleted)</p><p style="text-align: justify;"> (c) Social, Welfare Officer, Greater Bombay, Bombay.</p><p style="text-align: justify;"> In other areas (d) The District Magistrates or Executive Magistrates authorized by them;</p><p style="text-align: justify;"> or</p><p style="text-align: justify;"> (e) Honorary Magistrates; or (Deleted)</p><p style="text-align: justify;"> (f) The Social Welfare Officer of the district concerned.</p><p style="text-align: justify;"> (<strong>b) Due to adoption </strong>:</p><p style="text-align: justify;"> The original adoption-deed or a certified copy of that deed or a certificate from stipendiary Magistrate showing the change in name (if any) and the caste or sub-caste changed as a result of adoption should accompany the application for change in caste or sub-caste.</p><p style="text-align: justify;"> <strong>(c) Due to inter-caste or inter-religion marriage </strong>:</p><p style="text-align: justify;"> A declaration by the parent or guardian attested by two witnesses and the student himself/herself or certified copy of the certificate of registration of marriage should accompany the application for change in caste or sub-caste along with the certificate from the concerned competent authority mentioned in (a) above showing that the caste or sub-caste has changed as a result of the marriage.</p><p style="text-align: justify;"> <strong>(d) Due to any other reason </strong>:</p><p style="text-align: justify;"> An affidavit made before a stipendiary Magistrate by the parent or guardian should accompany the application for change in caste of sub-caste.</p><p style="text-align: justify;"> <strong>N.B</strong>.: The term "Backward Class" means and includes the following categories.</p><table border="1" cellpadding="0" cellspacing="0"><tbody><tr><td style="width: 43px">1<td style="width: 251px">Scheduled castes and Schedule Caste converts to Buddhism.<td style="width: 282px">As per Scheduled Castes and Scheduled Tribes Lists Modification Order, 1956, as adopted for Maharashtra State.</tr><tr><td style="width: 43px">2<td style="width: 251px">Scheduled Tribes including those outside specified areas.<td style="width: 282px">Vide Part VII-A of the Seventh and Eighth Schedule of the Bombay Reorganisation Act, 1960 and orders issued by Government in this behalf from time to time.</tr><tr><td style="width: 43px">3<td style="width: 251px">DenotifiedTribes and Nomadic Tribes.<td style="width: 282px">As per Government Resolution, Education and Social Welfare Deptt. No. CBC. 1361-M, dated 21<sup>st</sup> November 1961 and Government from time to time.</tr><tr><td style="width: 43px">4<td style="width: 251px">Other Classes.<td style="width: 282px">Backward Castes which have been declared as belonging to the other Backward Classes by Government from time to time.</tr></tbody></table><strong>General</strong>:-<p style="text-align: justify;"> (Please also see Annexure 36).</p><p style="text-align: justify;"> 15. An appeal against the decision of the Educational Inspector, Greater Bombay or as the case may be, the Education Officer, Zilla Parishad concerned, who has not sanctioned the change shall be submitted to the Deputy Director concerned within 30 days of the receipt of the order."</p><p style="text-align: justify;"> 6. On fulfillment of requirements laid down under Appendix Six, the application tendered for effecting change in the entries recorded in school record can be entertained. Respondents were therefore not justified in turning down the application tendered by the petitioner on the ground that the entries recorded in the school record cannot be corrected after pupil has left school. The petition, therefore, deserves to be allowed and Education Officer (Primary), Zilla Parishad, Osmanabad is required to be directed to consider the application tendered by the petitioner to the school authorities and which has been forwarded to the Education Officer (Primary), Zilla Parishad, Osmanabad, in accordance with provisions of Secondary Schools Code, 2006. The orders passed by respondent Nos. 2 and 3 impugned in this petition, are quashed and set aside and the matter is remitted back to the Education Officer (Primary), Zilla Parishad, Osmanabad for reconsideration. The Education Officer (Primary), Zilla Parishad, Osmanabad shall proceed to take decision on the application in accordance with provisions of Secondary Schools Code, 2006 and the observations made in this judgment. The petitioner shall cause appearance before the Education Officer (Primary), Zilla Parishad, Osmanabad on 29th October, 2012 and as such, no separate notice requiring petitioner's appearance before respondent No. 3 shall be essential. Respondent No. 3 shall decide the application, as expeditiously as possible, preferably within eight (8) weeks from date of appearance of petitioner before him. Rule is accordingly made absolute. No order as to costs.</p><p style="text-align: justify;"> 7. Pending civil application, if any, does not survive, same stands disposed of.</p>',
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		'judgement' => '<p><strong>Oral Judgment : [ R.M. Borde, J.]</strong><p> Rule. Rule made returnable forthwith.</p><p> With consent of the parties, the petition is taken up for final disposal at admission stage.</p><p> 2. The petitioner claims to be belonging to Bhavsar Kshetriya caste which is included in Other Backward Class category. The petitioner is serving as Conductor in Maharashtra State Road Transport Corporation. The school record of the petitioner records caste as 'Hindu Maratha'. According to the petitioner, while securing admission in school, his father has erroneously recorded the entry as 'Hindu Maratha'. He further contends that old record pertaining to his father, uncle and other near relatives show that they belong to 'Bhavsar Kehstriya caste'. The petitioner has also been issued caste certificate by the competent authority. The son of the petitioner has also been issued caste certificate by the competent authority certifying that he belongs to 'Bhavsar Kshetriya caste' and his caste claim has been validated by the competent Committee. The petitioner, therefore, tendered application to school where he was studying for onward transmission to the Education Officer (Primary), Zilla Parishad, Osmanabad for issuing directions for affecting necessary corrections. The school authority forwarded the application with favourable recommendation to the Education Officer. The Education Officer (Primary) by his order dated 1st November, 2011 was pleased to reject the application recording that since the petitioner has left the school, the application is not maintainable.</p><p> 3. The petitioner tendered appeal to the Deputy Director of Education, Latur Division, Latur,which was heard and disposed of by Deputy Director of Education, Latur Division, Latur on 30th January, 2012 and appeal came to be dismissed. The appellate authority has recorded in the order that rule 26.4, Appendix-Six of the Secondary Schools Code-2006 does not permit to make correction in the entries in respect of caste in the school record after pupil has left the school. According to the petitioner, reasons recorded by both the authorities for turning down his claim are erroneous and against the provisions of Secondary Schools Code, 2006. Rule 26.4 of the Secondary Schools Code, 2006 prescribe that application for change or correction of date of birth, name, surname, caste etc., as entered in the General Register shall be entertained from or on behalf of a pupil who is attending a school. It further provide that such application shall not be entertained from or on behalf of a pupil, who has left the school, as the same amounts not only to a change in the entries in the General Register but also to a change in the School Leaving Certificate. It has been further prescribed that, however, for the purposes like an admission to another educational institution the School Leaving certificate is relied upon as an evidence for name, surname, caste, date of birth etc., and in bonafide cases where wrong spelling of a word or an obvious mistake of the type mentioned in sub-rule 3 above is noticed any time after issue of the School Leaving Certificate and the same is required to be corrected so as to be consistent with the corresponding entries in the General Register of the school or those in the School Leaving Certificate issued by the previous school, such applications shall be entertained. The procedure to be followed in such cases is laid down in Appendix Six.</p><p> 4. Rule 26.4 of the Secondary Schools Code, 2006 has been interpreted by the Division Bench of this Court in the matter of Shaikh Shafi Ahmed Khadarsab vs. The State of Maharashtra and others in Writ Petition No. 1138 of 2009 decided on 13<sup>th</sup> March, 2012. In paragraph-11 of the judgment cited supra, the Division Bench of this Court has observed thus:</p><p> "11. For all these reasons, we hold that the instructions contained in para 26.4 of the S.S.Code that an application for change of an entry in the General Register of a school shall be entertained only on behalf of the pupil who is attending the school meaning thereby that it shall not be entertained on behalf of the pupil who has left the school, are directory and not mandatory. In our view, such an application can be entertained even after the pupil has left the school, provided the application is bona-fide and the pupil is able to satisfy that the original entry in the General Register of the school is erroneous. The application can be rejected if the entry is not shown to be erroneous and wrong. It, however, cannot be rejected without it being considered on merits, only on the technical ground that the application has been made after the pupil has left the school."</p><p> 5. Appendix Six of the Secondary Schools Code, 2006 lays down the procedure in respect of making correction and change in names, surnames, caste/sub-caste, date of birth etc., Paragraph Nos.12 to 15 of Appendix Six reads thus:</p><p> "<strong>Change in Caste or Sub-Caste (in respect of B.C. pupils only):</strong></p><p> (12) For making changes in caste or sub-caste of Backward Class pupils the guardian of the pupil shall make an application in Form No. 3 accompanying these rules.</p><p> (13) Permission may be given to change the entries in the General Register of the school in respect of "caste" or "sub-caste" of Backward Class pupils in the following circumstances.</p><p> (i) due to wrong entries made initially;</p><p> (ii) due to change in religion;</p><p> (iii) if the caste previously treated as non-backward was subsequently declared by Government as Backward or vice-versa.</p><p> (iv) due to adoption;</p><p> (v) due to inter-caste or inter-religion marriage;</p><p> (14) For this purpose, the necessary certificates from the following authorities must accompany the application for change of caste or sub-caste:</p><p> <strong>(a) For Reasons</strong>, (i),(ii) and (iii) above:</p><p> In Greater Bombay (a) The Chief Presidency Magistrate or the Presidency Magistrate authorised by him;</p><p> Or</p><p> (b) Justice of Peace; or (Deleted)</p><p> (c) Social, Welfare Officer, Greater Bombay, Bombay.</p><p> In other areas (d) The District Magistrates or Executive Magistrates authorized by them;</p><p> or</p><p> (e) Honorary Magistrates; or (Deleted)</p><p> (f) The Social Welfare Officer of the district concerned.</p><p> (<strong>b) Due to adoption </strong>:</p><p> The original adoption-deed or a certified copy of that deed or a certificate from stipendiary Magistrate showing the change in name (if any) and the caste or sub-caste changed as a result of adoption should accompany the application for change in caste or sub-caste.</p><p> <strong>(c) Due to inter-caste or inter-religion marriage </strong>:</p><p> A declaration by the parent or guardian attested by two witnesses and the student himself/herself or certified copy of the certificate of registration of marriage should accompany the application for change in caste or sub-caste along with the certificate from the concerned competent authority mentioned in (a) above showing that the caste or sub-caste has changed as a result of the marriage.</p><p> <strong>(d) Due to any other reason </strong>:</p><p> An affidavit made before a stipendiary Magistrate by the parent or guardian should accompany the application for change in caste of sub-caste.</p><p> <strong>N.B</strong>.: The term "Backward Class" means and includes the following categories.</p><table><tbody><tr><td>1<td>Scheduled castes and Schedule Caste converts to Buddhism.<td>As per Scheduled Castes and Scheduled Tribes Lists Modification Order, 1956, as adopted for Maharashtra State.</tr><tr><td>2<td>Scheduled Tribes including those outside specified areas.<td>Vide Part VII-A of the Seventh and Eighth Schedule of the Bombay Reorganisation Act, 1960 and orders issued by Government in this behalf from time to time.</tr><tr><td>3<td>DenotifiedTribes and Nomadic Tribes.<td>As per Government Resolution, Education and Social Welfare Deptt. No. CBC. 1361-M, dated 21<sup>st</sup> November 1961 and Government from time to time.</tr><tr><td>4<td>Other Classes.<td>Backward Castes which have been declared as belonging to the other Backward Classes by Government from time to time.</tr></tbody></table><strong>General</strong>:-<p> (Please also see Annexure 36).</p><p> 15. An appeal against the decision of the Educational Inspector, Greater Bombay or as the case may be, the Education Officer, Zilla Parishad concerned, who has not sanctioned the change shall be submitted to the Deputy Director concerned within 30 days of the receipt of the order."</p><p> 6. On fulfillment of requirements laid down under Appendix Six, the application tendered for effecting change in the entries recorded in school record can be entertained. Respondents were therefore not justified in turning down the application tendered by the petitioner on the ground that the entries recorded in the school record cannot be corrected after pupil has left school. The petition, therefore, deserves to be allowed and Education Officer (Primary), Zilla Parishad, Osmanabad is required to be directed to consider the application tendered by the petitioner to the school authorities and which has been forwarded to the Education Officer (Primary), Zilla Parishad, Osmanabad, in accordance with provisions of Secondary Schools Code, 2006. The orders passed by respondent Nos. 2 and 3 impugned in this petition, are quashed and set aside and the matter is remitted back to the Education Officer (Primary), Zilla Parishad, Osmanabad for reconsideration. The Education Officer (Primary), Zilla Parishad, Osmanabad shall proceed to take decision on the application in accordance with provisions of Secondary Schools Code, 2006 and the observations made in this judgment. The petitioner shall cause appearance before the Education Officer (Primary), Zilla Parishad, Osmanabad on 29th October, 2012 and as such, no separate notice requiring petitioner's appearance before respondent No. 3 shall be essential. Respondent No. 3 shall decide the application, as expeditiously as possible, preferably within eight (8) weeks from date of appearance of petitioner before him. Rule is accordingly made absolute. No order as to costs.</p><p> 7. Pending civil application, if any, does not survive, same stands disposed of.</p>',
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			'judgement' => '<p style="text-align: justify;"><strong>Oral Judgment : [ R.M. Borde, J.]</strong><p style="text-align: justify;"> Rule. Rule made returnable forthwith.</p><p style="text-align: justify;"> With consent of the parties, the petition is taken up for final disposal at admission stage.</p><p style="text-align: justify;"> 2. The petitioner claims to be belonging to Bhavsar Kshetriya caste which is included in Other Backward Class category. The petitioner is serving as Conductor in Maharashtra State Road Transport Corporation. The school record of the petitioner records caste as 'Hindu Maratha'. According to the petitioner, while securing admission in school, his father has erroneously recorded the entry as 'Hindu Maratha'. He further contends that old record pertaining to his father, uncle and other near relatives show that they belong to 'Bhavsar Kehstriya caste'. The petitioner has also been issued caste certificate by the competent authority. The son of the petitioner has also been issued caste certificate by the competent authority certifying that he belongs to 'Bhavsar Kshetriya caste' and his caste claim has been validated by the competent Committee. The petitioner, therefore, tendered application to school where he was studying for onward transmission to the Education Officer (Primary), Zilla Parishad, Osmanabad for issuing directions for affecting necessary corrections. The school authority forwarded the application with favourable recommendation to the Education Officer. The Education Officer (Primary) by his order dated 1st November, 2011 was pleased to reject the application recording that since the petitioner has left the school, the application is not maintainable.</p><p style="text-align: justify;"> 3. The petitioner tendered appeal to the Deputy Director of Education, Latur Division, Latur,which was heard and disposed of by Deputy Director of Education, Latur Division, Latur on 30th January, 2012 and appeal came to be dismissed. The appellate authority has recorded in the order that rule 26.4, Appendix-Six of the Secondary Schools Code-2006 does not permit to make correction in the entries in respect of caste in the school record after pupil has left the school. According to the petitioner, reasons recorded by both the authorities for turning down his claim are erroneous and against the provisions of Secondary Schools Code, 2006. Rule 26.4 of the Secondary Schools Code, 2006 prescribe that application for change or correction of date of birth, name, surname, caste etc., as entered in the General Register shall be entertained from or on behalf of a pupil who is attending a school. It further provide that such application shall not be entertained from or on behalf of a pupil, who has left the school, as the same amounts not only to a change in the entries in the General Register but also to a change in the School Leaving Certificate. It has been further prescribed that, however, for the purposes like an admission to another educational institution the School Leaving certificate is relied upon as an evidence for name, surname, caste, date of birth etc., and in bonafide cases where wrong spelling of a word or an obvious mistake of the type mentioned in sub-rule 3 above is noticed any time after issue of the School Leaving Certificate and the same is required to be corrected so as to be consistent with the corresponding entries in the General Register of the school or those in the School Leaving Certificate issued by the previous school, such applications shall be entertained. The procedure to be followed in such cases is laid down in Appendix Six.</p><p style="text-align: justify;"> 4. Rule 26.4 of the Secondary Schools Code, 2006 has been interpreted by the Division Bench of this Court in the matter of Shaikh Shafi Ahmed Khadarsab vs. The State of Maharashtra and others in Writ Petition No. 1138 of 2009 decided on 13<sup>th</sup> March, 2012. In paragraph-11 of the judgment cited supra, the Division Bench of this Court has observed thus:</p><p style="text-align: justify;"> "11. For all these reasons, we hold that the instructions contained in para 26.4 of the S.S.Code that an application for change of an entry in the General Register of a school shall be entertained only on behalf of the pupil who is attending the school meaning thereby that it shall not be entertained on behalf of the pupil who has left the school, are directory and not mandatory. In our view, such an application can be entertained even after the pupil has left the school, provided the application is bona-fide and the pupil is able to satisfy that the original entry in the General Register of the school is erroneous. The application can be rejected if the entry is not shown to be erroneous and wrong. It, however, cannot be rejected without it being considered on merits, only on the technical ground that the application has been made after the pupil has left the school."</p><p style="text-align: justify;"> 5. Appendix Six of the Secondary Schools Code, 2006 lays down the procedure in respect of making correction and change in names, surnames, caste/sub-caste, date of birth etc., Paragraph Nos.12 to 15 of Appendix Six reads thus:</p><p style="text-align: justify;"> "<strong>Change in Caste or Sub-Caste (in respect of B.C. pupils only):</strong></p><p style="text-align: justify;"> (12) For making changes in caste or sub-caste of Backward Class pupils the guardian of the pupil shall make an application in Form No. 3 accompanying these rules.</p><p style="text-align: justify;"> (13) Permission may be given to change the entries in the General Register of the school in respect of "caste" or "sub-caste" of Backward Class pupils in the following circumstances.</p><p style="text-align: justify;"> (i) due to wrong entries made initially;</p><p style="text-align: justify;"> (ii) due to change in religion;</p><p style="text-align: justify;"> (iii) if the caste previously treated as non-backward was subsequently declared by Government as Backward or vice-versa.</p><p style="text-align: justify;"> (iv) due to adoption;</p><p style="text-align: justify;"> (v) due to inter-caste or inter-religion marriage;</p><p style="text-align: justify;"> (14) For this purpose, the necessary certificates from the following authorities must accompany the application for change of caste or sub-caste:</p><p style="text-align: justify;"> <strong>(a) For Reasons</strong>, (i),(ii) and (iii) above:</p><p style="text-align: justify;"> In Greater Bombay (a) The Chief Presidency Magistrate or the Presidency Magistrate authorised by him;</p><p style="text-align: justify;"> Or</p><p style="text-align: justify;"> (b) Justice of Peace; or (Deleted)</p><p style="text-align: justify;"> (c) Social, Welfare Officer, Greater Bombay, Bombay.</p><p style="text-align: justify;"> In other areas (d) The District Magistrates or Executive Magistrates authorized by them;</p><p style="text-align: justify;"> or</p><p style="text-align: justify;"> (e) Honorary Magistrates; or (Deleted)</p><p style="text-align: justify;"> (f) The Social Welfare Officer of the district concerned.</p><p style="text-align: justify;"> (<strong>b) Due to adoption </strong>:</p><p style="text-align: justify;"> The original adoption-deed or a certified copy of that deed or a certificate from stipendiary Magistrate showing the change in name (if any) and the caste or sub-caste changed as a result of adoption should accompany the application for change in caste or sub-caste.</p><p style="text-align: justify;"> <strong>(c) Due to inter-caste or inter-religion marriage </strong>:</p><p style="text-align: justify;"> A declaration by the parent or guardian attested by two witnesses and the student himself/herself or certified copy of the certificate of registration of marriage should accompany the application for change in caste or sub-caste along with the certificate from the concerned competent authority mentioned in (a) above showing that the caste or sub-caste has changed as a result of the marriage.</p><p style="text-align: justify;"> <strong>(d) Due to any other reason </strong>:</p><p style="text-align: justify;"> An affidavit made before a stipendiary Magistrate by the parent or guardian should accompany the application for change in caste of sub-caste.</p><p style="text-align: justify;"> <strong>N.B</strong>.: The term "Backward Class" means and includes the following categories.</p><table border="1" cellpadding="0" cellspacing="0"><tbody><tr><td style="width: 43px">1<td style="width: 251px">Scheduled castes and Schedule Caste converts to Buddhism.<td style="width: 282px">As per Scheduled Castes and Scheduled Tribes Lists Modification Order, 1956, as adopted for Maharashtra State.</tr><tr><td style="width: 43px">2<td style="width: 251px">Scheduled Tribes including those outside specified areas.<td style="width: 282px">Vide Part VII-A of the Seventh and Eighth Schedule of the Bombay Reorganisation Act, 1960 and orders issued by Government in this behalf from time to time.</tr><tr><td style="width: 43px">3<td style="width: 251px">DenotifiedTribes and Nomadic Tribes.<td style="width: 282px">As per Government Resolution, Education and Social Welfare Deptt. No. CBC. 1361-M, dated 21<sup>st</sup> November 1961 and Government from time to time.</tr><tr><td style="width: 43px">4<td style="width: 251px">Other Classes.<td style="width: 282px">Backward Castes which have been declared as belonging to the other Backward Classes by Government from time to time.</tr></tbody></table><strong>General</strong>:-<p style="text-align: justify;"> (Please also see Annexure 36).</p><p style="text-align: justify;"> 15. An appeal against the decision of the Educational Inspector, Greater Bombay or as the case may be, the Education Officer, Zilla Parishad concerned, who has not sanctioned the change shall be submitted to the Deputy Director concerned within 30 days of the receipt of the order."</p><p style="text-align: justify;"> 6. On fulfillment of requirements laid down under Appendix Six, the application tendered for effecting change in the entries recorded in school record can be entertained. Respondents were therefore not justified in turning down the application tendered by the petitioner on the ground that the entries recorded in the school record cannot be corrected after pupil has left school. The petition, therefore, deserves to be allowed and Education Officer (Primary), Zilla Parishad, Osmanabad is required to be directed to consider the application tendered by the petitioner to the school authorities and which has been forwarded to the Education Officer (Primary), Zilla Parishad, Osmanabad, in accordance with provisions of Secondary Schools Code, 2006. The orders passed by respondent Nos. 2 and 3 impugned in this petition, are quashed and set aside and the matter is remitted back to the Education Officer (Primary), Zilla Parishad, Osmanabad for reconsideration. The Education Officer (Primary), Zilla Parishad, Osmanabad shall proceed to take decision on the application in accordance with provisions of Secondary Schools Code, 2006 and the observations made in this judgment. The petitioner shall cause appearance before the Education Officer (Primary), Zilla Parishad, Osmanabad on 29th October, 2012 and as such, no separate notice requiring petitioner's appearance before respondent No. 3 shall be essential. Respondent No. 3 shall decide the application, as expeditiously as possible, preferably within eight (8) weeks from date of appearance of petitioner before him. Rule is accordingly made absolute. No order as to costs.</p><p style="text-align: justify;"> 7. Pending civil application, if any, does not survive, same stands disposed of.</p>',
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		'judgement' => '<p><strong>Oral Judgment : [ R.M. Borde, J.]</strong><p> Rule. Rule made returnable forthwith.</p><p> With consent of the parties, the petition is taken up for final disposal at admission stage.</p><p> 2. The petitioner claims to be belonging to Bhavsar Kshetriya caste which is included in Other Backward Class category. The petitioner is serving as Conductor in Maharashtra State Road Transport Corporation. The school record of the petitioner records caste as 'Hindu Maratha'. According to the petitioner, while securing admission in school, his father has erroneously recorded the entry as 'Hindu Maratha'. He further contends that old record pertaining to his father, uncle and other near relatives show that they belong to 'Bhavsar Kehstriya caste'. The petitioner has also been issued caste certificate by the competent authority. The son of the petitioner has also been issued caste certificate by the competent authority certifying that he belongs to 'Bhavsar Kshetriya caste' and his caste claim has been validated by the competent Committee. The petitioner, therefore, tendered application to school where he was studying for onward transmission to the Education Officer (Primary), Zilla Parishad, Osmanabad for issuing directions for affecting necessary corrections. The school authority forwarded the application with favourable recommendation to the Education Officer. The Education Officer (Primary) by his order dated 1st November, 2011 was pleased to reject the application recording that since the petitioner has left the school, the application is not maintainable.</p><p> 3. The petitioner tendered appeal to the Deputy Director of Education, Latur Division, Latur,which was heard and disposed of by Deputy Director of Education, Latur Division, Latur on 30th January, 2012 and appeal came to be dismissed. The appellate authority has recorded in the order that rule 26.4, Appendix-Six of the Secondary Schools Code-2006 does not permit to make correction in the entries in respect of caste in the school record after pupil has left the school. According to the petitioner, reasons recorded by both the authorities for turning down his claim are erroneous and against the provisions of Secondary Schools Code, 2006. Rule 26.4 of the Secondary Schools Code, 2006 prescribe that application for change or correction of date of birth, name, surname, caste etc., as entered in the General Register shall be entertained from or on behalf of a pupil who is attending a school. It further provide that such application shall not be entertained from or on behalf of a pupil, who has left the school, as the same amounts not only to a change in the entries in the General Register but also to a change in the School Leaving Certificate. It has been further prescribed that, however, for the purposes like an admission to another educational institution the School Leaving certificate is relied upon as an evidence for name, surname, caste, date of birth etc., and in bonafide cases where wrong spelling of a word or an obvious mistake of the type mentioned in sub-rule 3 above is noticed any time after issue of the School Leaving Certificate and the same is required to be corrected so as to be consistent with the corresponding entries in the General Register of the school or those in the School Leaving Certificate issued by the previous school, such applications shall be entertained. The procedure to be followed in such cases is laid down in Appendix Six.</p><p> 4. Rule 26.4 of the Secondary Schools Code, 2006 has been interpreted by the Division Bench of this Court in the matter of Shaikh Shafi Ahmed Khadarsab vs. The State of Maharashtra and others in Writ Petition No. 1138 of 2009 decided on 13<sup>th</sup> March, 2012. In paragraph-11 of the judgment cited supra, the Division Bench of this Court has observed thus:</p><p> "11. For all these reasons, we hold that the instructions contained in para 26.4 of the S.S.Code that an application for change of an entry in the General Register of a school shall be entertained only on behalf of the pupil who is attending the school meaning thereby that it shall not be entertained on behalf of the pupil who has left the school, are directory and not mandatory. In our view, such an application can be entertained even after the pupil has left the school, provided the application is bona-fide and the pupil is able to satisfy that the original entry in the General Register of the school is erroneous. The application can be rejected if the entry is not shown to be erroneous and wrong. It, however, cannot be rejected without it being considered on merits, only on the technical ground that the application has been made after the pupil has left the school."</p><p> 5. Appendix Six of the Secondary Schools Code, 2006 lays down the procedure in respect of making correction and change in names, surnames, caste/sub-caste, date of birth etc., Paragraph Nos.12 to 15 of Appendix Six reads thus:</p><p> "<strong>Change in Caste or Sub-Caste (in respect of B.C. pupils only):</strong></p><p> (12) For making changes in caste or sub-caste of Backward Class pupils the guardian of the pupil shall make an application in Form No. 3 accompanying these rules.</p><p> (13) Permission may be given to change the entries in the General Register of the school in respect of "caste" or "sub-caste" of Backward Class pupils in the following circumstances.</p><p> (i) due to wrong entries made initially;</p><p> (ii) due to change in religion;</p><p> (iii) if the caste previously treated as non-backward was subsequently declared by Government as Backward or vice-versa.</p><p> (iv) due to adoption;</p><p> (v) due to inter-caste or inter-religion marriage;</p><p> (14) For this purpose, the necessary certificates from the following authorities must accompany the application for change of caste or sub-caste:</p><p> <strong>(a) For Reasons</strong>, (i),(ii) and (iii) above:</p><p> In Greater Bombay (a) The Chief Presidency Magistrate or the Presidency Magistrate authorised by him;</p><p> Or</p><p> (b) Justice of Peace; or (Deleted)</p><p> (c) Social, Welfare Officer, Greater Bombay, Bombay.</p><p> In other areas (d) The District Magistrates or Executive Magistrates authorized by them;</p><p> or</p><p> (e) Honorary Magistrates; or (Deleted)</p><p> (f) The Social Welfare Officer of the district concerned.</p><p> (<strong>b) Due to adoption </strong>:</p><p> The original adoption-deed or a certified copy of that deed or a certificate from stipendiary Magistrate showing the change in name (if any) and the caste or sub-caste changed as a result of adoption should accompany the application for change in caste or sub-caste.</p><p> <strong>(c) Due to inter-caste or inter-religion marriage </strong>:</p><p> A declaration by the parent or guardian attested by two witnesses and the student himself/herself or certified copy of the certificate of registration of marriage should accompany the application for change in caste or sub-caste along with the certificate from the concerned competent authority mentioned in (a) above showing that the caste or sub-caste has changed as a result of the marriage.</p><p> <strong>(d) Due to any other reason </strong>:</p><p> An affidavit made before a stipendiary Magistrate by the parent or guardian should accompany the application for change in caste of sub-caste.</p><p> <strong>N.B</strong>.: The term "Backward Class" means and includes the following categories.</p><table><tbody><tr><td>1<td>Scheduled castes and Schedule Caste converts to Buddhism.<td>As per Scheduled Castes and Scheduled Tribes Lists Modification Order, 1956, as adopted for Maharashtra State.</tr><tr><td>2<td>Scheduled Tribes including those outside specified areas.<td>Vide Part VII-A of the Seventh and Eighth Schedule of the Bombay Reorganisation Act, 1960 and orders issued by Government in this behalf from time to time.</tr><tr><td>3<td>DenotifiedTribes and Nomadic Tribes.<td>As per Government Resolution, Education and Social Welfare Deptt. No. CBC. 1361-M, dated 21<sup>st</sup> November 1961 and Government from time to time.</tr><tr><td>4<td>Other Classes.<td>Backward Castes which have been declared as belonging to the other Backward Classes by Government from time to time.</tr></tbody></table><strong>General</strong>:-<p> (Please also see Annexure 36).</p><p> 15. An appeal against the decision of the Educational Inspector, Greater Bombay or as the case may be, the Education Officer, Zilla Parishad concerned, who has not sanctioned the change shall be submitted to the Deputy Director concerned within 30 days of the receipt of the order."</p><p> 6. On fulfillment of requirements laid down under Appendix Six, the application tendered for effecting change in the entries recorded in school record can be entertained. Respondents were therefore not justified in turning down the application tendered by the petitioner on the ground that the entries recorded in the school record cannot be corrected after pupil has left school. The petition, therefore, deserves to be allowed and Education Officer (Primary), Zilla Parishad, Osmanabad is required to be directed to consider the application tendered by the petitioner to the school authorities and which has been forwarded to the Education Officer (Primary), Zilla Parishad, Osmanabad, in accordance with provisions of Secondary Schools Code, 2006. The orders passed by respondent Nos. 2 and 3 impugned in this petition, are quashed and set aside and the matter is remitted back to the Education Officer (Primary), Zilla Parishad, Osmanabad for reconsideration. The Education Officer (Primary), Zilla Parishad, Osmanabad shall proceed to take decision on the application in accordance with provisions of Secondary Schools Code, 2006 and the observations made in this judgment. The petitioner shall cause appearance before the Education Officer (Primary), Zilla Parishad, Osmanabad on 29th October, 2012 and as such, no separate notice requiring petitioner's appearance before respondent No. 3 shall be essential. Respondent No. 3 shall decide the application, as expeditiously as possible, preferably within eight (8) weeks from date of appearance of petitioner before him. Rule is accordingly made absolute. No order as to costs.</p><p> 7. Pending civil application, if any, does not survive, same stands disposed of.</p>',
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oral judgment : [ r.m. borde, j.] rule. rule made returnable forthwith. with consent of the parties, the petition is taken up for final disposal at admission stage. 2. the petitioner claims to be belonging to bhavsar kshetriya caste which is included in other backward class category. the petitioner is serving as conductor in maharashtra state road transport corporation. the school record of the petitioner records caste as 'hindu maratha'. according to the petitioner, while securing admission in school, his father has erroneously recorded the entry as 'hindu maratha'. he further contends that old record pertaining to his father, uncle and other near relatives show that they belong to 'bhavsar kehstriya caste'. the petitioner has also been issued caste certificate by the competent.....

Judgment:

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			'judgement' => '<p style="text-align: justify;"><strong>Oral Judgment : [ R.M. Borde, J.]</strong><p style="text-align: justify;"> Rule. Rule made returnable forthwith.</p><p style="text-align: justify;"> With consent of the parties, the petition is taken up for final disposal at admission stage.</p><p style="text-align: justify;"> 2. The petitioner claims to be belonging to Bhavsar Kshetriya caste which is included in Other Backward Class category. The petitioner is serving as Conductor in Maharashtra State Road Transport Corporation. The school record of the petitioner records caste as 'Hindu Maratha'. According to the petitioner, while securing admission in school, his father has erroneously recorded the entry as 'Hindu Maratha'. He further contends that old record pertaining to his father, uncle and other near relatives show that they belong to 'Bhavsar Kehstriya caste'. The petitioner has also been issued caste certificate by the competent authority. The son of the petitioner has also been issued caste certificate by the competent authority certifying that he belongs to 'Bhavsar Kshetriya caste' and his caste claim has been validated by the competent Committee. The petitioner, therefore, tendered application to school where he was studying for onward transmission to the Education Officer (Primary), Zilla Parishad, Osmanabad for issuing directions for affecting necessary corrections. The school authority forwarded the application with favourable recommendation to the Education Officer. The Education Officer (Primary) by his order dated 1st November, 2011 was pleased to reject the application recording that since the petitioner has left the school, the application is not maintainable.</p><p style="text-align: justify;"> 3. The petitioner tendered appeal to the Deputy Director of Education, Latur Division, Latur,which was heard and disposed of by Deputy Director of Education, Latur Division, Latur on 30th January, 2012 and appeal came to be dismissed. The appellate authority has recorded in the order that rule 26.4, Appendix-Six of the Secondary Schools Code-2006 does not permit to make correction in the entries in respect of caste in the school record after pupil has left the school. According to the petitioner, reasons recorded by both the authorities for turning down his claim are erroneous and against the provisions of Secondary Schools Code, 2006. Rule 26.4 of the Secondary Schools Code, 2006 prescribe that application for change or correction of date of birth, name, surname, caste etc., as entered in the General Register shall be entertained from or on behalf of a pupil who is attending a school. It further provide that such application shall not be entertained from or on behalf of a pupil, who has left the school, as the same amounts not only to a change in the entries in the General Register but also to a change in the School Leaving Certificate. It has been further prescribed that, however, for the purposes like an admission to another educational institution the School Leaving certificate is relied upon as an evidence for name, surname, caste, date of birth etc., and in bonafide cases where wrong spelling of a word or an obvious mistake of the type mentioned in sub-rule 3 above is noticed any time after issue of the School Leaving Certificate and the same is required to be corrected so as to be consistent with the corresponding entries in the General Register of the school or those in the School Leaving Certificate issued by the previous school, such applications shall be entertained. The procedure to be followed in such cases is laid down in Appendix Six.</p><p style="text-align: justify;"> 4. Rule 26.4 of the Secondary Schools Code, 2006 has been interpreted by the Division Bench of this Court in the matter of Shaikh Shafi Ahmed Khadarsab vs. The State of Maharashtra and others in Writ Petition No. 1138 of 2009 decided on 13<sup>th</sup> March, 2012. In paragraph-11 of the judgment cited supra, the Division Bench of this Court has observed thus:</p><p style="text-align: justify;"> "11. For all these reasons, we hold that the instructions contained in para 26.4 of the S.S.Code that an application for change of an entry in the General Register of a school shall be entertained only on behalf of the pupil who is attending the school meaning thereby that it shall not be entertained on behalf of the pupil who has left the school, are directory and not mandatory. In our view, such an application can be entertained even after the pupil has left the school, provided the application is bona-fide and the pupil is able to satisfy that the original entry in the General Register of the school is erroneous. The application can be rejected if the entry is not shown to be erroneous and wrong. It, however, cannot be rejected without it being considered on merits, only on the technical ground that the application has been made after the pupil has left the school."</p><p style="text-align: justify;"> 5. Appendix Six of the Secondary Schools Code, 2006 lays down the procedure in respect of making correction and change in names, surnames, caste/sub-caste, date of birth etc., Paragraph Nos.12 to 15 of Appendix Six reads thus:</p><p style="text-align: justify;"> "<strong>Change in Caste or Sub-Caste (in respect of B.C. pupils only):</strong></p><p style="text-align: justify;"> (12) For making changes in caste or sub-caste of Backward Class pupils the guardian of the pupil shall make an application in Form No. 3 accompanying these rules.</p><p style="text-align: justify;"> (13) Permission may be given to change the entries in the General Register of the school in respect of "caste" or "sub-caste" of Backward Class pupils in the following circumstances.</p><p style="text-align: justify;"> (i) due to wrong entries made initially;</p><p style="text-align: justify;"> (ii) due to change in religion;</p><p style="text-align: justify;"> (iii) if the caste previously treated as non-backward was subsequently declared by Government as Backward or vice-versa.</p><p style="text-align: justify;"> (iv) due to adoption;</p><p style="text-align: justify;"> (v) due to inter-caste or inter-religion marriage;</p><p style="text-align: justify;"> (14) For this purpose, the necessary certificates from the following authorities must accompany the application for change of caste or sub-caste:</p><p style="text-align: justify;"> <strong>(a) For Reasons</strong>, (i),(ii) and (iii) above:</p><p style="text-align: justify;"> In Greater Bombay (a) The Chief Presidency Magistrate or the Presidency Magistrate authorised by him;</p><p style="text-align: justify;"> Or</p><p style="text-align: justify;"> (b) Justice of Peace; or (Deleted)</p><p style="text-align: justify;"> (c) Social, Welfare Officer, Greater Bombay, Bombay.</p><p style="text-align: justify;"> In other areas (d) The District Magistrates or Executive Magistrates authorized by them;</p><p style="text-align: justify;"> or</p><p style="text-align: justify;"> (e) Honorary Magistrates; or (Deleted)</p><p style="text-align: justify;"> (f) The Social Welfare Officer of the district concerned.</p><p style="text-align: justify;"> (<strong>b) Due to adoption </strong>:</p><p style="text-align: justify;"> The original adoption-deed or a certified copy of that deed or a certificate from stipendiary Magistrate showing the change in name (if any) and the caste or sub-caste changed as a result of adoption should accompany the application for change in caste or sub-caste.</p><p style="text-align: justify;"> <strong>(c) Due to inter-caste or inter-religion marriage </strong>:</p><p style="text-align: justify;"> A declaration by the parent or guardian attested by two witnesses and the student himself/herself or certified copy of the certificate of registration of marriage should accompany the application for change in caste or sub-caste along with the certificate from the concerned competent authority mentioned in (a) above showing that the caste or sub-caste has changed as a result of the marriage.</p><p style="text-align: justify;"> <strong>(d) Due to any other reason </strong>:</p><p style="text-align: justify;"> An affidavit made before a stipendiary Magistrate by the parent or guardian should accompany the application for change in caste of sub-caste.</p><p style="text-align: justify;"> <strong>N.B</strong>.: The term "Backward Class" means and includes the following categories.</p><table border="1" cellpadding="0" cellspacing="0"><tbody><tr><td style="width: 43px">1<td style="width: 251px">Scheduled castes and Schedule Caste converts to Buddhism.<td style="width: 282px">As per Scheduled Castes and Scheduled Tribes Lists Modification Order, 1956, as adopted for Maharashtra State.</tr><tr><td style="width: 43px">2<td style="width: 251px">Scheduled Tribes including those outside specified areas.<td style="width: 282px">Vide Part VII-A of the Seventh and Eighth Schedule of the Bombay Reorganisation Act, 1960 and orders issued by Government in this behalf from time to time.</tr><tr><td style="width: 43px">3<td style="width: 251px">DenotifiedTribes and Nomadic Tribes.<td style="width: 282px">As per Government Resolution, Education and Social Welfare Deptt. No. CBC. 1361-M, dated 21<sup>st</sup> November 1961 and Government from time to time.</tr><tr><td style="width: 43px">4<td style="width: 251px">Other Classes.<td style="width: 282px">Backward Castes which have been declared as belonging to the other Backward Classes by Government from time to time.</tr></tbody></table><strong>General</strong>:-<p style="text-align: justify;"> (Please also see Annexure 36).</p><p style="text-align: justify;"> 15. An appeal against the decision of the Educational Inspector, Greater Bombay or as the case may be, the Education Officer, Zilla Parishad concerned, who has not sanctioned the change shall be submitted to the Deputy Director concerned within 30 days of the receipt of the order."</p><p style="text-align: justify;"> 6. On fulfillment of requirements laid down under Appendix Six, the application tendered for effecting change in the entries recorded in school record can be entertained. Respondents were therefore not justified in turning down the application tendered by the petitioner on the ground that the entries recorded in the school record cannot be corrected after pupil has left school. The petition, therefore, deserves to be allowed and Education Officer (Primary), Zilla Parishad, Osmanabad is required to be directed to consider the application tendered by the petitioner to the school authorities and which has been forwarded to the Education Officer (Primary), Zilla Parishad, Osmanabad, in accordance with provisions of Secondary Schools Code, 2006. The orders passed by respondent Nos. 2 and 3 impugned in this petition, are quashed and set aside and the matter is remitted back to the Education Officer (Primary), Zilla Parishad, Osmanabad for reconsideration. The Education Officer (Primary), Zilla Parishad, Osmanabad shall proceed to take decision on the application in accordance with provisions of Secondary Schools Code, 2006 and the observations made in this judgment. The petitioner shall cause appearance before the Education Officer (Primary), Zilla Parishad, Osmanabad on 29th October, 2012 and as such, no separate notice requiring petitioner's appearance before respondent No. 3 shall be essential. Respondent No. 3 shall decide the application, as expeditiously as possible, preferably within eight (8) weeks from date of appearance of petitioner before him. Rule is accordingly made absolute. No order as to costs.</p><p style="text-align: justify;"> 7. Pending civil application, if any, does not survive, same stands disposed of.</p>',
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		'appealno' => 'Writ Petition No.3266 of 2012 ',
		'appellant' => 'Vilas S/O Dattatraya Ransubhe',
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		'casename' => 'Vilas S/O Dattatraya Ransubhe Vs. the State of Maharashtra, Through the Secretary, School Education and Sports Department and Others',
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		'decidedon' => '2012-10-08',
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		'judge' => 'R.M. BORDE &amp; S.S. SHINDE',
		'judgement' => '<p><strong>Oral Judgment : [ R.M. Borde, J.]</strong><p> Rule. Rule made returnable forthwith.</p><p> With consent of the parties, the petition is taken up for final disposal at admission stage.</p><p> 2. The petitioner claims to be belonging to Bhavsar Kshetriya caste which is included in Other Backward Class category. The petitioner is serving as Conductor in Maharashtra State Road Transport Corporation. The school record of the petitioner records caste as 'Hindu Maratha'. According to the petitioner, while securing admission in school, his father has erroneously recorded the entry as 'Hindu Maratha'. He further contends that old record pertaining to his father, uncle and other near relatives show that they belong to 'Bhavsar Kehstriya caste'. The petitioner has also been issued caste certificate by the competent authority. The son of the petitioner has also been issued caste certificate by the competent authority certifying that he belongs to 'Bhavsar Kshetriya caste' and his caste claim has been validated by the competent Committee. The petitioner, therefore, tendered application to school where he was studying for onward transmission to the Education Officer (Primary), Zilla Parishad, Osmanabad for issuing directions for affecting necessary corrections. The school authority forwarded the application with favourable recommendation to the Education Officer. The Education Officer (Primary) by his order dated 1st November, 2011 was pleased to reject the application recording that since the petitioner has left the school, the application is not maintainable.</p><p> 3. The petitioner tendered appeal to the Deputy Director of Education, Latur Division, Latur,which was heard and disposed of by Deputy Director of Education, Latur Division, Latur on 30th January, 2012 and appeal came to be dismissed. The appellate authority has recorded in the order that rule 26.4, Appendix-Six of the Secondary Schools Code-2006 does not permit to make correction in the entries in respect of caste in the school record after pupil has left the school. According to the petitioner, reasons recorded by both the authorities for turning down his claim are erroneous and against the provisions of Secondary Schools Code, 2006. Rule 26.4 of the Secondary Schools Code, 2006 prescribe that application for change or correction of date of birth, name, surname, caste etc., as entered in the General Register shall be entertained from or on behalf of a pupil who is attending a school. It further provide that such application shall not be entertained from or on behalf of a pupil, who has left the school, as the same amounts not only to a change in the entries in the General Register but also to a change in the School Leaving Certificate. It has been further prescribed that, however, for the purposes like an admission to another educational institution the School Leaving certificate is relied upon as an evidence for name, surname, caste, date of birth etc., and in bonafide cases where wrong spelling of a word or an obvious mistake of the type mentioned in sub-rule 3 above is noticed any time after issue of the School Leaving Certificate and the same is required to be corrected so as to be consistent with the corresponding entries in the General Register of the school or those in the School Leaving Certificate issued by the previous school, such applications shall be entertained. The procedure to be followed in such cases is laid down in Appendix Six.</p><p> 4. Rule 26.4 of the Secondary Schools Code, 2006 has been interpreted by the Division Bench of this Court in the matter of Shaikh Shafi Ahmed Khadarsab vs. The State of Maharashtra and others in Writ Petition No. 1138 of 2009 decided on 13<sup>th</sup> March, 2012. In paragraph-11 of the judgment cited supra, the Division Bench of this Court has observed thus:</p><p> "11. For all these reasons, we hold that the instructions contained in para 26.4 of the S.S.Code that an application for change of an entry in the General Register of a school shall be entertained only on behalf of the pupil who is attending the school meaning thereby that it shall not be entertained on behalf of the pupil who has left the school, are directory and not mandatory. In our view, such an application can be entertained even after the pupil has left the school, provided the application is bona-fide and the pupil is able to satisfy that the original entry in the General Register of the school is erroneous. The application can be rejected if the entry is not shown to be erroneous and wrong. It, however, cannot be rejected without it being considered on merits, only on the technical ground that the application has been made after the pupil has left the school."</p><p> 5. Appendix Six of the Secondary Schools Code, 2006 lays down the procedure in respect of making correction and change in names, surnames, caste/sub-caste, date of birth etc., Paragraph Nos.12 to 15 of Appendix Six reads thus:</p><p> "<strong>Change in Caste or Sub-Caste (in respect of B.C. pupils only):</strong></p><p> (12) For making changes in caste or sub-caste of Backward Class pupils the guardian of the pupil shall make an application in Form No. 3 accompanying these rules.</p><p> (13) Permission may be given to change the entries in the General Register of the school in respect of "caste" or "sub-caste" of Backward Class pupils in the following circumstances.</p><p> (i) due to wrong entries made initially;</p><p> (ii) due to change in religion;</p><p> (iii) if the caste previously treated as non-backward was subsequently declared by Government as Backward or vice-versa.</p><p> (iv) due to adoption;</p><p> (v) due to inter-caste or inter-religion marriage;</p><p> (14) For this purpose, the necessary certificates from the following authorities must accompany the application for change of caste or sub-caste:</p><p> <strong>(a) For Reasons</strong>, (i),(ii) and (iii) above:</p><p> In Greater Bombay (a) The Chief Presidency Magistrate or the Presidency Magistrate authorised by him;</p><p> Or</p><p> (b) Justice of Peace; or (Deleted)</p><p> (c) Social, Welfare Officer, Greater Bombay, Bombay.</p><p> In other areas (d) The District Magistrates or Executive Magistrates authorized by them;</p><p> or</p><p> (e) Honorary Magistrates; or (Deleted)</p><p> (f) The Social Welfare Officer of the district concerned.</p><p> (<strong>b) Due to adoption </strong>:</p><p> The original adoption-deed or a certified copy of that deed or a certificate from stipendiary Magistrate showing the change in name (if any) and the caste or sub-caste changed as a result of adoption should accompany the application for change in caste or sub-caste.</p><p> <strong>(c) Due to inter-caste or inter-religion marriage </strong>:</p><p> A declaration by the parent or guardian attested by two witnesses and the student himself/herself or certified copy of the certificate of registration of marriage should accompany the application for change in caste or sub-caste along with the certificate from the concerned competent authority mentioned in (a) above showing that the caste or sub-caste has changed as a result of the marriage.</p><p> <strong>(d) Due to any other reason </strong>:</p><p> An affidavit made before a stipendiary Magistrate by the parent or guardian should accompany the application for change in caste of sub-caste.</p><p> <strong>N.B</strong>.: The term "Backward Class" means and includes the following categories.</p><table><tbody><tr><td>1<td>Scheduled castes and Schedule Caste converts to Buddhism.<td>As per Scheduled Castes and Scheduled Tribes Lists Modification Order, 1956, as adopted for Maharashtra State.</tr><tr><td>2<td>Scheduled Tribes including those outside specified areas.<td>Vide Part VII-A of the Seventh and Eighth Schedule of the Bombay Reorganisation Act, 1960 and orders issued by Government in this behalf from time to time.</tr><tr><td>3<td>DenotifiedTribes and Nomadic Tribes.<td>As per Government Resolution, Education and Social Welfare Deptt. No. CBC. 1361-M, dated 21<sup>st</sup> November 1961 and Government from time to time.</tr><tr><td>4<td>Other Classes.<td>Backward Castes which have been declared as belonging to the other Backward Classes by Government from time to time.</tr></tbody></table><strong>General</strong>:-<p> (Please also see Annexure 36).</p><p> 15. An appeal against the decision of the Educational Inspector, Greater Bombay or as the case may be, the Education Officer, Zilla Parishad concerned, who has not sanctioned the change shall be submitted to the Deputy Director concerned within 30 days of the receipt of the order."</p><p> 6. On fulfillment of requirements laid down under Appendix Six, the application tendered for effecting change in the entries recorded in school record can be entertained. Respondents were therefore not justified in turning down the application tendered by the petitioner on the ground that the entries recorded in the school record cannot be corrected after pupil has left school. The petition, therefore, deserves to be allowed and Education Officer (Primary), Zilla Parishad, Osmanabad is required to be directed to consider the application tendered by the petitioner to the school authorities and which has been forwarded to the Education Officer (Primary), Zilla Parishad, Osmanabad, in accordance with provisions of Secondary Schools Code, 2006. The orders passed by respondent Nos. 2 and 3 impugned in this petition, are quashed and set aside and the matter is remitted back to the Education Officer (Primary), Zilla Parishad, Osmanabad for reconsideration. The Education Officer (Primary), Zilla Parishad, Osmanabad shall proceed to take decision on the application in accordance with provisions of Secondary Schools Code, 2006 and the observations made in this judgment. The petitioner shall cause appearance before the Education Officer (Primary), Zilla Parishad, Osmanabad on 29th October, 2012 and as such, no separate notice requiring petitioner's appearance before respondent No. 3 shall be essential. Respondent No. 3 shall decide the application, as expeditiously as possible, preferably within eight (8) weeks from date of appearance of petitioner before him. Rule is accordingly made absolute. No order as to costs.</p><p> 7. Pending civil application, if any, does not survive, same stands disposed of.</p>',
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	(int) 0 => '<p><strong>Oral Judgment : [ R.M. Borde, J.]</strong><p> Rule. Rule made returnable forthwith.',
	(int) 1 => '<p> With consent of the parties, the petition is taken up for final disposal at admission stage.',
	(int) 2 => '<p> 2. The petitioner claims to be belonging to Bhavsar Kshetriya caste which is included in Other Backward Class category. The petitioner is serving as Conductor in Maharashtra State Road Transport Corporation. The school record of the petitioner records caste as 'Hindu Maratha'. According to the petitioner, while securing admission in school, his father has erroneously recorded the entry as 'Hindu Maratha'. He further contends that old record pertaining to his father, uncle and other near relatives show that they belong to 'Bhavsar Kehstriya caste'. The petitioner has also been issued caste certificate by the competent authority. The son of the petitioner has also been issued caste certificate by the competent authority certifying that he belongs to 'Bhavsar Kshetriya caste' and his caste claim has been validated by the competent Committee. The petitioner, therefore, tendered application to school where he was studying for onward transmission to the Education Officer (Primary), Zilla Parishad, Osmanabad for issuing directions for affecting necessary corrections. The school authority forwarded the application with favourable recommendation to the Education Officer. The Education Officer (Primary) by his order dated 1st November, 2011 was pleased to reject the application recording that since the petitioner has left the school, the application is not maintainable.',
	(int) 3 => '<p> 3. The petitioner tendered appeal to the Deputy Director of Education, Latur Division, Latur,which was heard and disposed of by Deputy Director of Education, Latur Division, Latur on 30th January, 2012 and appeal came to be dismissed. The appellate authority has recorded in the order that rule 26.4, Appendix-Six of the Secondary Schools Code-2006 does not permit to make correction in the entries in respect of caste in the school record after pupil has left the school. According to the petitioner, reasons recorded by both the authorities for turning down his claim are erroneous and against the provisions of Secondary Schools Code, 2006. Rule 26.4 of the Secondary Schools Code, 2006 prescribe that application for change or correction of date of birth, name, surname, caste etc., as entered in the General Register shall be entertained from or on behalf of a pupil who is attending a school. It further provide that such application shall not be entertained from or on behalf of a pupil, who has left the school, as the same amounts not only to a change in the entries in the General Register but also to a change in the School Leaving Certificate. It has been further prescribed that, however, for the purposes like an admission to another educational institution the School Leaving certificate is relied upon as an evidence for name, surname, caste, date of birth etc., and in bonafide cases where wrong spelling of a word or an obvious mistake of the type mentioned in sub-rule 3 above is noticed any time after issue of the School Leaving Certificate and the same is required to be corrected so as to be consistent with the corresponding entries in the General Register of the school or those in the School Leaving Certificate issued by the previous school, such applications shall be entertained. The procedure to be followed in such cases is laid down in Appendix Six.',
	(int) 4 => '<p> 4. Rule 26.4 of the Secondary Schools Code, 2006 has been interpreted by the Division Bench of this Court in the matter of Shaikh Shafi Ahmed Khadarsab vs. The State of Maharashtra and others in Writ Petition No. 1138 of 2009 decided on 13<sup>th</sup> March, 2012. In paragraph-11 of the judgment cited supra, the Division Bench of this Court has observed thus:',
	(int) 5 => '<p> "11. For all these reasons, we hold that the instructions contained in para 26.4 of the S.S.Code that an application for change of an entry in the General Register of a school shall be entertained only on behalf of the pupil who is attending the school meaning thereby that it shall not be entertained on behalf of the pupil who has left the school, are directory and not mandatory. In our view, such an application can be entertained even after the pupil has left the school, provided the application is bona-fide and the pupil is able to satisfy that the original entry in the General Register of the school is erroneous. The application can be rejected if the entry is not shown to be erroneous and wrong. It, however, cannot be rejected without it being considered on merits, only on the technical ground that the application has been made after the pupil has left the school."',
	(int) 6 => '<p> 5. Appendix Six of the Secondary Schools Code, 2006 lays down the procedure in respect of making correction and change in names, surnames, caste/sub-caste, date of birth etc., Paragraph Nos.12 to 15 of Appendix Six reads thus:',
	(int) 7 => '<p> "<strong>Change in Caste or Sub-Caste (in respect of B.C. pupils only):</strong>',
	(int) 8 => '<p> (12) For making changes in caste or sub-caste of Backward Class pupils the guardian of the pupil shall make an application in Form No. 3 accompanying these rules.',
	(int) 9 => '<p> (13) Permission may be given to change the entries in the General Register of the school in respect of "caste" or "sub-caste" of Backward Class pupils in the following circumstances.',
	(int) 10 => '<p> (i) due to wrong entries made initially;',
	(int) 11 => '<p> (ii) due to change in religion;',
	(int) 12 => '<p> (iii) if the caste previously treated as non-backward was subsequently declared by Government as Backward or vice-versa.',
	(int) 13 => '<p> (iv) due to adoption;',
	(int) 14 => '<p> (v) due to inter-caste or inter-religion marriage;',
	(int) 15 => '<p> (14) For this purpose, the necessary certificates from the following authorities must accompany the application for change of caste or sub-caste:',
	(int) 16 => '<p> <strong>(a) For Reasons</strong>, (i),(ii) and (iii) above:',
	(int) 17 => '<p> In Greater Bombay (a) The Chief Presidency Magistrate or the Presidency Magistrate authorised by him;',
	(int) 18 => '<p> Or',
	(int) 19 => '<p> (b) Justice of Peace; or (Deleted)',
	(int) 20 => '<p> (c) Social, Welfare Officer, Greater Bombay, Bombay.',
	(int) 21 => '<p> In other areas (d) The District Magistrates or Executive Magistrates authorized by them;',
	(int) 22 => '<p> or',
	(int) 23 => '<p> (e) Honorary Magistrates; or (Deleted)',
	(int) 24 => '<p> (f) The Social Welfare Officer of the district concerned.',
	(int) 25 => '<p> (<strong>b) Due to adoption </strong>:',
	(int) 26 => '<p> The original adoption-deed or a certified copy of that deed or a certificate from stipendiary Magistrate showing the change in name (if any) and the caste or sub-caste changed as a result of adoption should accompany the application for change in caste or sub-caste.',
	(int) 27 => '<p> <strong>(c) Due to inter-caste or inter-religion marriage </strong>:',
	(int) 28 => '<p> A declaration by the parent or guardian attested by two witnesses and the student himself/herself or certified copy of the certificate of registration of marriage should accompany the application for change in caste or sub-caste along with the certificate from the concerned competent authority mentioned in (a) above showing that the caste or sub-caste has changed as a result of the marriage.',
	(int) 29 => '<p> <strong>(d) Due to any other reason </strong>:',
	(int) 30 => '<p> An affidavit made before a stipendiary Magistrate by the parent or guardian should accompany the application for change in caste of sub-caste.',
	(int) 31 => '<p> <strong>N.B</strong>.: The term "Backward Class" means and includes the following categories.',
	(int) 32 => '<table><tbody><tr><td>1<td>Scheduled castes and Schedule Caste converts to Buddhism.<td>As per Scheduled Castes and Scheduled Tribes Lists Modification Order, 1956, as adopted for Maharashtra State.</tr><tr><td>2<td>Scheduled Tribes including those outside specified areas.<td>Vide Part VII-A of the Seventh and Eighth Schedule of the Bombay Reorganisation Act, 1960 and orders issued by Government in this behalf from time to time.</tr><tr><td>3<td>DenotifiedTribes and Nomadic Tribes.<td>As per Government Resolution, Education and Social Welfare Deptt. No. CBC. 1361-M, dated 21<sup>st</sup> November 1961 and Government from time to time.</tr><tr><td>4<td>Other Classes.<td>Backward Castes which have been declared as belonging to the other Backward Classes by Government from time to time.</tr></tbody></table><strong>General</strong>:-<p> (Please also see Annexure 36).',
	(int) 33 => '<p> 15. An appeal against the decision of the Educational Inspector, Greater Bombay or as the case may be, the Education Officer, Zilla Parishad concerned, who has not sanctioned the change shall be submitted to the Deputy Director concerned within 30 days of the receipt of the order."',
	(int) 34 => '<p> 6. On fulfillment of requirements laid down under Appendix Six, the application tendered for effecting change in the entries recorded in school record can be entertained. Respondents were therefore not justified in turning down the application tendered by the petitioner on the ground that the entries recorded in the school record cannot be corrected after pupil has left school. The petition, therefore, deserves to be allowed and Education Officer (Primary), Zilla Parishad, Osmanabad is required to be directed to consider the application tendered by the petitioner to the school authorities and which has been forwarded to the Education Officer (Primary), Zilla Parishad, Osmanabad, in accordance with provisions of Secondary Schools Code, 2006. The orders passed by respondent Nos. 2 and 3 impugned in this petition, are quashed and set aside and the matter is remitted back to the Education Officer (Primary), Zilla Parishad, Osmanabad for reconsideration. The Education Officer (Primary), Zilla Parishad, Osmanabad shall proceed to take decision on the application in accordance with provisions of Secondary Schools Code, 2006 and the observations made in this judgment. The petitioner shall cause appearance before the Education Officer (Primary), Zilla Parishad, Osmanabad on 29th October, 2012 and as such, no separate notice requiring petitioner's appearance before respondent No. 3 shall be essential. Respondent No. 3 shall decide the application, as expeditiously as possible, preferably within eight (8) weeks from date of appearance of petitioner before him. Rule is accordingly made absolute. No order as to costs.',
	(int) 35 => '<p> 7. Pending civil application, if any, does not survive, same stands disposed of.',
	(int) 36 => ''
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Oral Judgment : [ R.M. Borde, J.]

Rule. Rule made returnable forthwith.

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			'judgement' => '<p style="text-align: justify;"><strong>Oral Judgment : [ R.M. Borde, J.]</strong><p style="text-align: justify;"> Rule. Rule made returnable forthwith.</p><p style="text-align: justify;"> With consent of the parties, the petition is taken up for final disposal at admission stage.</p><p style="text-align: justify;"> 2. The petitioner claims to be belonging to Bhavsar Kshetriya caste which is included in Other Backward Class category. The petitioner is serving as Conductor in Maharashtra State Road Transport Corporation. The school record of the petitioner records caste as 'Hindu Maratha'. According to the petitioner, while securing admission in school, his father has erroneously recorded the entry as 'Hindu Maratha'. He further contends that old record pertaining to his father, uncle and other near relatives show that they belong to 'Bhavsar Kehstriya caste'. The petitioner has also been issued caste certificate by the competent authority. The son of the petitioner has also been issued caste certificate by the competent authority certifying that he belongs to 'Bhavsar Kshetriya caste' and his caste claim has been validated by the competent Committee. The petitioner, therefore, tendered application to school where he was studying for onward transmission to the Education Officer (Primary), Zilla Parishad, Osmanabad for issuing directions for affecting necessary corrections. The school authority forwarded the application with favourable recommendation to the Education Officer. The Education Officer (Primary) by his order dated 1st November, 2011 was pleased to reject the application recording that since the petitioner has left the school, the application is not maintainable.</p><p style="text-align: justify;"> 3. The petitioner tendered appeal to the Deputy Director of Education, Latur Division, Latur,which was heard and disposed of by Deputy Director of Education, Latur Division, Latur on 30th January, 2012 and appeal came to be dismissed. The appellate authority has recorded in the order that rule 26.4, Appendix-Six of the Secondary Schools Code-2006 does not permit to make correction in the entries in respect of caste in the school record after pupil has left the school. According to the petitioner, reasons recorded by both the authorities for turning down his claim are erroneous and against the provisions of Secondary Schools Code, 2006. Rule 26.4 of the Secondary Schools Code, 2006 prescribe that application for change or correction of date of birth, name, surname, caste etc., as entered in the General Register shall be entertained from or on behalf of a pupil who is attending a school. It further provide that such application shall not be entertained from or on behalf of a pupil, who has left the school, as the same amounts not only to a change in the entries in the General Register but also to a change in the School Leaving Certificate. It has been further prescribed that, however, for the purposes like an admission to another educational institution the School Leaving certificate is relied upon as an evidence for name, surname, caste, date of birth etc., and in bonafide cases where wrong spelling of a word or an obvious mistake of the type mentioned in sub-rule 3 above is noticed any time after issue of the School Leaving Certificate and the same is required to be corrected so as to be consistent with the corresponding entries in the General Register of the school or those in the School Leaving Certificate issued by the previous school, such applications shall be entertained. The procedure to be followed in such cases is laid down in Appendix Six.</p><p style="text-align: justify;"> 4. Rule 26.4 of the Secondary Schools Code, 2006 has been interpreted by the Division Bench of this Court in the matter of Shaikh Shafi Ahmed Khadarsab vs. The State of Maharashtra and others in Writ Petition No. 1138 of 2009 decided on 13<sup>th</sup> March, 2012. In paragraph-11 of the judgment cited supra, the Division Bench of this Court has observed thus:</p><p style="text-align: justify;"> "11. For all these reasons, we hold that the instructions contained in para 26.4 of the S.S.Code that an application for change of an entry in the General Register of a school shall be entertained only on behalf of the pupil who is attending the school meaning thereby that it shall not be entertained on behalf of the pupil who has left the school, are directory and not mandatory. In our view, such an application can be entertained even after the pupil has left the school, provided the application is bona-fide and the pupil is able to satisfy that the original entry in the General Register of the school is erroneous. The application can be rejected if the entry is not shown to be erroneous and wrong. It, however, cannot be rejected without it being considered on merits, only on the technical ground that the application has been made after the pupil has left the school."</p><p style="text-align: justify;"> 5. Appendix Six of the Secondary Schools Code, 2006 lays down the procedure in respect of making correction and change in names, surnames, caste/sub-caste, date of birth etc., Paragraph Nos.12 to 15 of Appendix Six reads thus:</p><p style="text-align: justify;"> "<strong>Change in Caste or Sub-Caste (in respect of B.C. pupils only):</strong></p><p style="text-align: justify;"> (12) For making changes in caste or sub-caste of Backward Class pupils the guardian of the pupil shall make an application in Form No. 3 accompanying these rules.</p><p style="text-align: justify;"> (13) Permission may be given to change the entries in the General Register of the school in respect of "caste" or "sub-caste" of Backward Class pupils in the following circumstances.</p><p style="text-align: justify;"> (i) due to wrong entries made initially;</p><p style="text-align: justify;"> (ii) due to change in religion;</p><p style="text-align: justify;"> (iii) if the caste previously treated as non-backward was subsequently declared by Government as Backward or vice-versa.</p><p style="text-align: justify;"> (iv) due to adoption;</p><p style="text-align: justify;"> (v) due to inter-caste or inter-religion marriage;</p><p style="text-align: justify;"> (14) For this purpose, the necessary certificates from the following authorities must accompany the application for change of caste or sub-caste:</p><p style="text-align: justify;"> <strong>(a) For Reasons</strong>, (i),(ii) and (iii) above:</p><p style="text-align: justify;"> In Greater Bombay (a) The Chief Presidency Magistrate or the Presidency Magistrate authorised by him;</p><p style="text-align: justify;"> Or</p><p style="text-align: justify;"> (b) Justice of Peace; or (Deleted)</p><p style="text-align: justify;"> (c) Social, Welfare Officer, Greater Bombay, Bombay.</p><p style="text-align: justify;"> In other areas (d) The District Magistrates or Executive Magistrates authorized by them;</p><p style="text-align: justify;"> or</p><p style="text-align: justify;"> (e) Honorary Magistrates; or (Deleted)</p><p style="text-align: justify;"> (f) The Social Welfare Officer of the district concerned.</p><p style="text-align: justify;"> (<strong>b) Due to adoption </strong>:</p><p style="text-align: justify;"> The original adoption-deed or a certified copy of that deed or a certificate from stipendiary Magistrate showing the change in name (if any) and the caste or sub-caste changed as a result of adoption should accompany the application for change in caste or sub-caste.</p><p style="text-align: justify;"> <strong>(c) Due to inter-caste or inter-religion marriage </strong>:</p><p style="text-align: justify;"> A declaration by the parent or guardian attested by two witnesses and the student himself/herself or certified copy of the certificate of registration of marriage should accompany the application for change in caste or sub-caste along with the certificate from the concerned competent authority mentioned in (a) above showing that the caste or sub-caste has changed as a result of the marriage.</p><p style="text-align: justify;"> <strong>(d) Due to any other reason </strong>:</p><p style="text-align: justify;"> An affidavit made before a stipendiary Magistrate by the parent or guardian should accompany the application for change in caste of sub-caste.</p><p style="text-align: justify;"> <strong>N.B</strong>.: The term "Backward Class" means and includes the following categories.</p><table border="1" cellpadding="0" cellspacing="0"><tbody><tr><td style="width: 43px">1<td style="width: 251px">Scheduled castes and Schedule Caste converts to Buddhism.<td style="width: 282px">As per Scheduled Castes and Scheduled Tribes Lists Modification Order, 1956, as adopted for Maharashtra State.</tr><tr><td style="width: 43px">2<td style="width: 251px">Scheduled Tribes including those outside specified areas.<td style="width: 282px">Vide Part VII-A of the Seventh and Eighth Schedule of the Bombay Reorganisation Act, 1960 and orders issued by Government in this behalf from time to time.</tr><tr><td style="width: 43px">3<td style="width: 251px">DenotifiedTribes and Nomadic Tribes.<td style="width: 282px">As per Government Resolution, Education and Social Welfare Deptt. No. CBC. 1361-M, dated 21<sup>st</sup> November 1961 and Government from time to time.</tr><tr><td style="width: 43px">4<td style="width: 251px">Other Classes.<td style="width: 282px">Backward Castes which have been declared as belonging to the other Backward Classes by Government from time to time.</tr></tbody></table><strong>General</strong>:-<p style="text-align: justify;"> (Please also see Annexure 36).</p><p style="text-align: justify;"> 15. An appeal against the decision of the Educational Inspector, Greater Bombay or as the case may be, the Education Officer, Zilla Parishad concerned, who has not sanctioned the change shall be submitted to the Deputy Director concerned within 30 days of the receipt of the order."</p><p style="text-align: justify;"> 6. On fulfillment of requirements laid down under Appendix Six, the application tendered for effecting change in the entries recorded in school record can be entertained. Respondents were therefore not justified in turning down the application tendered by the petitioner on the ground that the entries recorded in the school record cannot be corrected after pupil has left school. The petition, therefore, deserves to be allowed and Education Officer (Primary), Zilla Parishad, Osmanabad is required to be directed to consider the application tendered by the petitioner to the school authorities and which has been forwarded to the Education Officer (Primary), Zilla Parishad, Osmanabad, in accordance with provisions of Secondary Schools Code, 2006. The orders passed by respondent Nos. 2 and 3 impugned in this petition, are quashed and set aside and the matter is remitted back to the Education Officer (Primary), Zilla Parishad, Osmanabad for reconsideration. The Education Officer (Primary), Zilla Parishad, Osmanabad shall proceed to take decision on the application in accordance with provisions of Secondary Schools Code, 2006 and the observations made in this judgment. The petitioner shall cause appearance before the Education Officer (Primary), Zilla Parishad, Osmanabad on 29th October, 2012 and as such, no separate notice requiring petitioner's appearance before respondent No. 3 shall be essential. Respondent No. 3 shall decide the application, as expeditiously as possible, preferably within eight (8) weeks from date of appearance of petitioner before him. Rule is accordingly made absolute. No order as to costs.</p><p style="text-align: justify;"> 7. Pending civil application, if any, does not survive, same stands disposed of.</p>',
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		'judgement' => '<p><strong>Oral Judgment : [ R.M. Borde, J.]</strong><p> Rule. Rule made returnable forthwith.</p><p> With consent of the parties, the petition is taken up for final disposal at admission stage.</p><p> 2. The petitioner claims to be belonging to Bhavsar Kshetriya caste which is included in Other Backward Class category. The petitioner is serving as Conductor in Maharashtra State Road Transport Corporation. The school record of the petitioner records caste as 'Hindu Maratha'. According to the petitioner, while securing admission in school, his father has erroneously recorded the entry as 'Hindu Maratha'. He further contends that old record pertaining to his father, uncle and other near relatives show that they belong to 'Bhavsar Kehstriya caste'. The petitioner has also been issued caste certificate by the competent authority. The son of the petitioner has also been issued caste certificate by the competent authority certifying that he belongs to 'Bhavsar Kshetriya caste' and his caste claim has been validated by the competent Committee. The petitioner, therefore, tendered application to school where he was studying for onward transmission to the Education Officer (Primary), Zilla Parishad, Osmanabad for issuing directions for affecting necessary corrections. The school authority forwarded the application with favourable recommendation to the Education Officer. The Education Officer (Primary) by his order dated 1st November, 2011 was pleased to reject the application recording that since the petitioner has left the school, the application is not maintainable.</p><p> 3. The petitioner tendered appeal to the Deputy Director of Education, Latur Division, Latur,which was heard and disposed of by Deputy Director of Education, Latur Division, Latur on 30th January, 2012 and appeal came to be dismissed. The appellate authority has recorded in the order that rule 26.4, Appendix-Six of the Secondary Schools Code-2006 does not permit to make correction in the entries in respect of caste in the school record after pupil has left the school. According to the petitioner, reasons recorded by both the authorities for turning down his claim are erroneous and against the provisions of Secondary Schools Code, 2006. Rule 26.4 of the Secondary Schools Code, 2006 prescribe that application for change or correction of date of birth, name, surname, caste etc., as entered in the General Register shall be entertained from or on behalf of a pupil who is attending a school. It further provide that such application shall not be entertained from or on behalf of a pupil, who has left the school, as the same amounts not only to a change in the entries in the General Register but also to a change in the School Leaving Certificate. It has been further prescribed that, however, for the purposes like an admission to another educational institution the School Leaving certificate is relied upon as an evidence for name, surname, caste, date of birth etc., and in bonafide cases where wrong spelling of a word or an obvious mistake of the type mentioned in sub-rule 3 above is noticed any time after issue of the School Leaving Certificate and the same is required to be corrected so as to be consistent with the corresponding entries in the General Register of the school or those in the School Leaving Certificate issued by the previous school, such applications shall be entertained. The procedure to be followed in such cases is laid down in Appendix Six.</p><p> 4. Rule 26.4 of the Secondary Schools Code, 2006 has been interpreted by the Division Bench of this Court in the matter of Shaikh Shafi Ahmed Khadarsab vs. The State of Maharashtra and others in Writ Petition No. 1138 of 2009 decided on 13<sup>th</sup> March, 2012. In paragraph-11 of the judgment cited supra, the Division Bench of this Court has observed thus:</p><p> "11. For all these reasons, we hold that the instructions contained in para 26.4 of the S.S.Code that an application for change of an entry in the General Register of a school shall be entertained only on behalf of the pupil who is attending the school meaning thereby that it shall not be entertained on behalf of the pupil who has left the school, are directory and not mandatory. In our view, such an application can be entertained even after the pupil has left the school, provided the application is bona-fide and the pupil is able to satisfy that the original entry in the General Register of the school is erroneous. The application can be rejected if the entry is not shown to be erroneous and wrong. It, however, cannot be rejected without it being considered on merits, only on the technical ground that the application has been made after the pupil has left the school."</p><p> 5. Appendix Six of the Secondary Schools Code, 2006 lays down the procedure in respect of making correction and change in names, surnames, caste/sub-caste, date of birth etc., Paragraph Nos.12 to 15 of Appendix Six reads thus:</p><p> "<strong>Change in Caste or Sub-Caste (in respect of B.C. pupils only):</strong></p><p> (12) For making changes in caste or sub-caste of Backward Class pupils the guardian of the pupil shall make an application in Form No. 3 accompanying these rules.</p><p> (13) Permission may be given to change the entries in the General Register of the school in respect of "caste" or "sub-caste" of Backward Class pupils in the following circumstances.</p><p> (i) due to wrong entries made initially;</p><p> (ii) due to change in religion;</p><p> (iii) if the caste previously treated as non-backward was subsequently declared by Government as Backward or vice-versa.</p><p> (iv) due to adoption;</p><p> (v) due to inter-caste or inter-religion marriage;</p><p> (14) For this purpose, the necessary certificates from the following authorities must accompany the application for change of caste or sub-caste:</p><p> <strong>(a) For Reasons</strong>, (i),(ii) and (iii) above:</p><p> In Greater Bombay (a) The Chief Presidency Magistrate or the Presidency Magistrate authorised by him;</p><p> Or</p><p> (b) Justice of Peace; or (Deleted)</p><p> (c) Social, Welfare Officer, Greater Bombay, Bombay.</p><p> In other areas (d) The District Magistrates or Executive Magistrates authorized by them;</p><p> or</p><p> (e) Honorary Magistrates; or (Deleted)</p><p> (f) The Social Welfare Officer of the district concerned.</p><p> (<strong>b) Due to adoption </strong>:</p><p> The original adoption-deed or a certified copy of that deed or a certificate from stipendiary Magistrate showing the change in name (if any) and the caste or sub-caste changed as a result of adoption should accompany the application for change in caste or sub-caste.</p><p> <strong>(c) Due to inter-caste or inter-religion marriage </strong>:</p><p> A declaration by the parent or guardian attested by two witnesses and the student himself/herself or certified copy of the certificate of registration of marriage should accompany the application for change in caste or sub-caste along with the certificate from the concerned competent authority mentioned in (a) above showing that the caste or sub-caste has changed as a result of the marriage.</p><p> <strong>(d) Due to any other reason </strong>:</p><p> An affidavit made before a stipendiary Magistrate by the parent or guardian should accompany the application for change in caste of sub-caste.</p><p> <strong>N.B</strong>.: The term "Backward Class" means and includes the following categories.</p><table><tbody><tr><td>1<td>Scheduled castes and Schedule Caste converts to Buddhism.<td>As per Scheduled Castes and Scheduled Tribes Lists Modification Order, 1956, as adopted for Maharashtra State.</tr><tr><td>2<td>Scheduled Tribes including those outside specified areas.<td>Vide Part VII-A of the Seventh and Eighth Schedule of the Bombay Reorganisation Act, 1960 and orders issued by Government in this behalf from time to time.</tr><tr><td>3<td>DenotifiedTribes and Nomadic Tribes.<td>As per Government Resolution, Education and Social Welfare Deptt. No. CBC. 1361-M, dated 21<sup>st</sup> November 1961 and Government from time to time.</tr><tr><td>4<td>Other Classes.<td>Backward Castes which have been declared as belonging to the other Backward Classes by Government from time to time.</tr></tbody></table><strong>General</strong>:-<p> (Please also see Annexure 36).</p><p> 15. An appeal against the decision of the Educational Inspector, Greater Bombay or as the case may be, the Education Officer, Zilla Parishad concerned, who has not sanctioned the change shall be submitted to the Deputy Director concerned within 30 days of the receipt of the order."</p><p> 6. On fulfillment of requirements laid down under Appendix Six, the application tendered for effecting change in the entries recorded in school record can be entertained. Respondents were therefore not justified in turning down the application tendered by the petitioner on the ground that the entries recorded in the school record cannot be corrected after pupil has left school. The petition, therefore, deserves to be allowed and Education Officer (Primary), Zilla Parishad, Osmanabad is required to be directed to consider the application tendered by the petitioner to the school authorities and which has been forwarded to the Education Officer (Primary), Zilla Parishad, Osmanabad, in accordance with provisions of Secondary Schools Code, 2006. The orders passed by respondent Nos. 2 and 3 impugned in this petition, are quashed and set aside and the matter is remitted back to the Education Officer (Primary), Zilla Parishad, Osmanabad for reconsideration. The Education Officer (Primary), Zilla Parishad, Osmanabad shall proceed to take decision on the application in accordance with provisions of Secondary Schools Code, 2006 and the observations made in this judgment. The petitioner shall cause appearance before the Education Officer (Primary), Zilla Parishad, Osmanabad on 29th October, 2012 and as such, no separate notice requiring petitioner's appearance before respondent No. 3 shall be essential. Respondent No. 3 shall decide the application, as expeditiously as possible, preferably within eight (8) weeks from date of appearance of petitioner before him. Rule is accordingly made absolute. No order as to costs.</p><p> 7. Pending civil application, if any, does not survive, same stands disposed of.</p>',
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	(int) 0 => '<p><strong>Oral Judgment : [ R.M. Borde, J.]</strong><p> Rule. Rule made returnable forthwith.',
	(int) 1 => '<p> With consent of the parties, the petition is taken up for final disposal at admission stage.',
	(int) 2 => '<p> 2. The petitioner claims to be belonging to Bhavsar Kshetriya caste which is included in Other Backward Class category. The petitioner is serving as Conductor in Maharashtra State Road Transport Corporation. The school record of the petitioner records caste as 'Hindu Maratha'. According to the petitioner, while securing admission in school, his father has erroneously recorded the entry as 'Hindu Maratha'. He further contends that old record pertaining to his father, uncle and other near relatives show that they belong to 'Bhavsar Kehstriya caste'. The petitioner has also been issued caste certificate by the competent authority. The son of the petitioner has also been issued caste certificate by the competent authority certifying that he belongs to 'Bhavsar Kshetriya caste' and his caste claim has been validated by the competent Committee. The petitioner, therefore, tendered application to school where he was studying for onward transmission to the Education Officer (Primary), Zilla Parishad, Osmanabad for issuing directions for affecting necessary corrections. The school authority forwarded the application with favourable recommendation to the Education Officer. The Education Officer (Primary) by his order dated 1st November, 2011 was pleased to reject the application recording that since the petitioner has left the school, the application is not maintainable.',
	(int) 3 => '<p> 3. The petitioner tendered appeal to the Deputy Director of Education, Latur Division, Latur,which was heard and disposed of by Deputy Director of Education, Latur Division, Latur on 30th January, 2012 and appeal came to be dismissed. The appellate authority has recorded in the order that rule 26.4, Appendix-Six of the Secondary Schools Code-2006 does not permit to make correction in the entries in respect of caste in the school record after pupil has left the school. According to the petitioner, reasons recorded by both the authorities for turning down his claim are erroneous and against the provisions of Secondary Schools Code, 2006. Rule 26.4 of the Secondary Schools Code, 2006 prescribe that application for change or correction of date of birth, name, surname, caste etc., as entered in the General Register shall be entertained from or on behalf of a pupil who is attending a school. It further provide that such application shall not be entertained from or on behalf of a pupil, who has left the school, as the same amounts not only to a change in the entries in the General Register but also to a change in the School Leaving Certificate. It has been further prescribed that, however, for the purposes like an admission to another educational institution the School Leaving certificate is relied upon as an evidence for name, surname, caste, date of birth etc., and in bonafide cases where wrong spelling of a word or an obvious mistake of the type mentioned in sub-rule 3 above is noticed any time after issue of the School Leaving Certificate and the same is required to be corrected so as to be consistent with the corresponding entries in the General Register of the school or those in the School Leaving Certificate issued by the previous school, such applications shall be entertained. The procedure to be followed in such cases is laid down in Appendix Six.',
	(int) 4 => '<p> 4. Rule 26.4 of the Secondary Schools Code, 2006 has been interpreted by the Division Bench of this Court in the matter of Shaikh Shafi Ahmed Khadarsab vs. The State of Maharashtra and others in Writ Petition No. 1138 of 2009 decided on 13<sup>th</sup> March, 2012. In paragraph-11 of the judgment cited supra, the Division Bench of this Court has observed thus:',
	(int) 5 => '<p> "11. For all these reasons, we hold that the instructions contained in para 26.4 of the S.S.Code that an application for change of an entry in the General Register of a school shall be entertained only on behalf of the pupil who is attending the school meaning thereby that it shall not be entertained on behalf of the pupil who has left the school, are directory and not mandatory. In our view, such an application can be entertained even after the pupil has left the school, provided the application is bona-fide and the pupil is able to satisfy that the original entry in the General Register of the school is erroneous. The application can be rejected if the entry is not shown to be erroneous and wrong. It, however, cannot be rejected without it being considered on merits, only on the technical ground that the application has been made after the pupil has left the school."',
	(int) 6 => '<p> 5. Appendix Six of the Secondary Schools Code, 2006 lays down the procedure in respect of making correction and change in names, surnames, caste/sub-caste, date of birth etc., Paragraph Nos.12 to 15 of Appendix Six reads thus:',
	(int) 7 => '<p> "<strong>Change in Caste or Sub-Caste (in respect of B.C. pupils only):</strong>',
	(int) 8 => '<p> (12) For making changes in caste or sub-caste of Backward Class pupils the guardian of the pupil shall make an application in Form No. 3 accompanying these rules.',
	(int) 9 => '<p> (13) Permission may be given to change the entries in the General Register of the school in respect of "caste" or "sub-caste" of Backward Class pupils in the following circumstances.',
	(int) 10 => '<p> (i) due to wrong entries made initially;',
	(int) 11 => '<p> (ii) due to change in religion;',
	(int) 12 => '<p> (iii) if the caste previously treated as non-backward was subsequently declared by Government as Backward or vice-versa.',
	(int) 13 => '<p> (iv) due to adoption;',
	(int) 14 => '<p> (v) due to inter-caste or inter-religion marriage;',
	(int) 15 => '<p> (14) For this purpose, the necessary certificates from the following authorities must accompany the application for change of caste or sub-caste:',
	(int) 16 => '<p> <strong>(a) For Reasons</strong>, (i),(ii) and (iii) above:',
	(int) 17 => '<p> In Greater Bombay (a) The Chief Presidency Magistrate or the Presidency Magistrate authorised by him;',
	(int) 18 => '<p> Or',
	(int) 19 => '<p> (b) Justice of Peace; or (Deleted)',
	(int) 20 => '<p> (c) Social, Welfare Officer, Greater Bombay, Bombay.',
	(int) 21 => '<p> In other areas (d) The District Magistrates or Executive Magistrates authorized by them;',
	(int) 22 => '<p> or',
	(int) 23 => '<p> (e) Honorary Magistrates; or (Deleted)',
	(int) 24 => '<p> (f) The Social Welfare Officer of the district concerned.',
	(int) 25 => '<p> (<strong>b) Due to adoption </strong>:',
	(int) 26 => '<p> The original adoption-deed or a certified copy of that deed or a certificate from stipendiary Magistrate showing the change in name (if any) and the caste or sub-caste changed as a result of adoption should accompany the application for change in caste or sub-caste.',
	(int) 27 => '<p> <strong>(c) Due to inter-caste or inter-religion marriage </strong>:',
	(int) 28 => '<p> A declaration by the parent or guardian attested by two witnesses and the student himself/herself or certified copy of the certificate of registration of marriage should accompany the application for change in caste or sub-caste along with the certificate from the concerned competent authority mentioned in (a) above showing that the caste or sub-caste has changed as a result of the marriage.',
	(int) 29 => '<p> <strong>(d) Due to any other reason </strong>:',
	(int) 30 => '<p> An affidavit made before a stipendiary Magistrate by the parent or guardian should accompany the application for change in caste of sub-caste.',
	(int) 31 => '<p> <strong>N.B</strong>.: The term "Backward Class" means and includes the following categories.',
	(int) 32 => '<table><tbody><tr><td>1<td>Scheduled castes and Schedule Caste converts to Buddhism.<td>As per Scheduled Castes and Scheduled Tribes Lists Modification Order, 1956, as adopted for Maharashtra State.</tr><tr><td>2<td>Scheduled Tribes including those outside specified areas.<td>Vide Part VII-A of the Seventh and Eighth Schedule of the Bombay Reorganisation Act, 1960 and orders issued by Government in this behalf from time to time.</tr><tr><td>3<td>DenotifiedTribes and Nomadic Tribes.<td>As per Government Resolution, Education and Social Welfare Deptt. No. CBC. 1361-M, dated 21<sup>st</sup> November 1961 and Government from time to time.</tr><tr><td>4<td>Other Classes.<td>Backward Castes which have been declared as belonging to the other Backward Classes by Government from time to time.</tr></tbody></table><strong>General</strong>:-<p> (Please also see Annexure 36).',
	(int) 33 => '<p> 15. An appeal against the decision of the Educational Inspector, Greater Bombay or as the case may be, the Education Officer, Zilla Parishad concerned, who has not sanctioned the change shall be submitted to the Deputy Director concerned within 30 days of the receipt of the order."',
	(int) 34 => '<p> 6. On fulfillment of requirements laid down under Appendix Six, the application tendered for effecting change in the entries recorded in school record can be entertained. Respondents were therefore not justified in turning down the application tendered by the petitioner on the ground that the entries recorded in the school record cannot be corrected after pupil has left school. The petition, therefore, deserves to be allowed and Education Officer (Primary), Zilla Parishad, Osmanabad is required to be directed to consider the application tendered by the petitioner to the school authorities and which has been forwarded to the Education Officer (Primary), Zilla Parishad, Osmanabad, in accordance with provisions of Secondary Schools Code, 2006. The orders passed by respondent Nos. 2 and 3 impugned in this petition, are quashed and set aside and the matter is remitted back to the Education Officer (Primary), Zilla Parishad, Osmanabad for reconsideration. The Education Officer (Primary), Zilla Parishad, Osmanabad shall proceed to take decision on the application in accordance with provisions of Secondary Schools Code, 2006 and the observations made in this judgment. The petitioner shall cause appearance before the Education Officer (Primary), Zilla Parishad, Osmanabad on 29th October, 2012 and as such, no separate notice requiring petitioner's appearance before respondent No. 3 shall be essential. Respondent No. 3 shall decide the application, as expeditiously as possible, preferably within eight (8) weeks from date of appearance of petitioner before him. Rule is accordingly made absolute. No order as to costs.',
	(int) 35 => '<p> 7. Pending civil application, if any, does not survive, same stands disposed of.',
	(int) 36 => ''
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With consent of the parties, the petition is taken up for final disposal at admission stage.

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			'casename' => 'Vilas S/O Dattatraya Ransubhe Vs. the State of Maharashtra, Through the Secretary, School Education and Sports Department and Others',
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			'judgement' => '<p style="text-align: justify;"><strong>Oral Judgment : [ R.M. Borde, J.]</strong><p style="text-align: justify;"> Rule. Rule made returnable forthwith.</p><p style="text-align: justify;"> With consent of the parties, the petition is taken up for final disposal at admission stage.</p><p style="text-align: justify;"> 2. The petitioner claims to be belonging to Bhavsar Kshetriya caste which is included in Other Backward Class category. The petitioner is serving as Conductor in Maharashtra State Road Transport Corporation. The school record of the petitioner records caste as 'Hindu Maratha'. According to the petitioner, while securing admission in school, his father has erroneously recorded the entry as 'Hindu Maratha'. He further contends that old record pertaining to his father, uncle and other near relatives show that they belong to 'Bhavsar Kehstriya caste'. The petitioner has also been issued caste certificate by the competent authority. The son of the petitioner has also been issued caste certificate by the competent authority certifying that he belongs to 'Bhavsar Kshetriya caste' and his caste claim has been validated by the competent Committee. The petitioner, therefore, tendered application to school where he was studying for onward transmission to the Education Officer (Primary), Zilla Parishad, Osmanabad for issuing directions for affecting necessary corrections. The school authority forwarded the application with favourable recommendation to the Education Officer. The Education Officer (Primary) by his order dated 1st November, 2011 was pleased to reject the application recording that since the petitioner has left the school, the application is not maintainable.</p><p style="text-align: justify;"> 3. The petitioner tendered appeal to the Deputy Director of Education, Latur Division, Latur,which was heard and disposed of by Deputy Director of Education, Latur Division, Latur on 30th January, 2012 and appeal came to be dismissed. The appellate authority has recorded in the order that rule 26.4, Appendix-Six of the Secondary Schools Code-2006 does not permit to make correction in the entries in respect of caste in the school record after pupil has left the school. According to the petitioner, reasons recorded by both the authorities for turning down his claim are erroneous and against the provisions of Secondary Schools Code, 2006. Rule 26.4 of the Secondary Schools Code, 2006 prescribe that application for change or correction of date of birth, name, surname, caste etc., as entered in the General Register shall be entertained from or on behalf of a pupil who is attending a school. It further provide that such application shall not be entertained from or on behalf of a pupil, who has left the school, as the same amounts not only to a change in the entries in the General Register but also to a change in the School Leaving Certificate. It has been further prescribed that, however, for the purposes like an admission to another educational institution the School Leaving certificate is relied upon as an evidence for name, surname, caste, date of birth etc., and in bonafide cases where wrong spelling of a word or an obvious mistake of the type mentioned in sub-rule 3 above is noticed any time after issue of the School Leaving Certificate and the same is required to be corrected so as to be consistent with the corresponding entries in the General Register of the school or those in the School Leaving Certificate issued by the previous school, such applications shall be entertained. The procedure to be followed in such cases is laid down in Appendix Six.</p><p style="text-align: justify;"> 4. Rule 26.4 of the Secondary Schools Code, 2006 has been interpreted by the Division Bench of this Court in the matter of Shaikh Shafi Ahmed Khadarsab vs. The State of Maharashtra and others in Writ Petition No. 1138 of 2009 decided on 13<sup>th</sup> March, 2012. In paragraph-11 of the judgment cited supra, the Division Bench of this Court has observed thus:</p><p style="text-align: justify;"> "11. For all these reasons, we hold that the instructions contained in para 26.4 of the S.S.Code that an application for change of an entry in the General Register of a school shall be entertained only on behalf of the pupil who is attending the school meaning thereby that it shall not be entertained on behalf of the pupil who has left the school, are directory and not mandatory. In our view, such an application can be entertained even after the pupil has left the school, provided the application is bona-fide and the pupil is able to satisfy that the original entry in the General Register of the school is erroneous. The application can be rejected if the entry is not shown to be erroneous and wrong. It, however, cannot be rejected without it being considered on merits, only on the technical ground that the application has been made after the pupil has left the school."</p><p style="text-align: justify;"> 5. Appendix Six of the Secondary Schools Code, 2006 lays down the procedure in respect of making correction and change in names, surnames, caste/sub-caste, date of birth etc., Paragraph Nos.12 to 15 of Appendix Six reads thus:</p><p style="text-align: justify;"> "<strong>Change in Caste or Sub-Caste (in respect of B.C. pupils only):</strong></p><p style="text-align: justify;"> (12) For making changes in caste or sub-caste of Backward Class pupils the guardian of the pupil shall make an application in Form No. 3 accompanying these rules.</p><p style="text-align: justify;"> (13) Permission may be given to change the entries in the General Register of the school in respect of "caste" or "sub-caste" of Backward Class pupils in the following circumstances.</p><p style="text-align: justify;"> (i) due to wrong entries made initially;</p><p style="text-align: justify;"> (ii) due to change in religion;</p><p style="text-align: justify;"> (iii) if the caste previously treated as non-backward was subsequently declared by Government as Backward or vice-versa.</p><p style="text-align: justify;"> (iv) due to adoption;</p><p style="text-align: justify;"> (v) due to inter-caste or inter-religion marriage;</p><p style="text-align: justify;"> (14) For this purpose, the necessary certificates from the following authorities must accompany the application for change of caste or sub-caste:</p><p style="text-align: justify;"> <strong>(a) For Reasons</strong>, (i),(ii) and (iii) above:</p><p style="text-align: justify;"> In Greater Bombay (a) The Chief Presidency Magistrate or the Presidency Magistrate authorised by him;</p><p style="text-align: justify;"> Or</p><p style="text-align: justify;"> (b) Justice of Peace; or (Deleted)</p><p style="text-align: justify;"> (c) Social, Welfare Officer, Greater Bombay, Bombay.</p><p style="text-align: justify;"> In other areas (d) The District Magistrates or Executive Magistrates authorized by them;</p><p style="text-align: justify;"> or</p><p style="text-align: justify;"> (e) Honorary Magistrates; or (Deleted)</p><p style="text-align: justify;"> (f) The Social Welfare Officer of the district concerned.</p><p style="text-align: justify;"> (<strong>b) Due to adoption </strong>:</p><p style="text-align: justify;"> The original adoption-deed or a certified copy of that deed or a certificate from stipendiary Magistrate showing the change in name (if any) and the caste or sub-caste changed as a result of adoption should accompany the application for change in caste or sub-caste.</p><p style="text-align: justify;"> <strong>(c) Due to inter-caste or inter-religion marriage </strong>:</p><p style="text-align: justify;"> A declaration by the parent or guardian attested by two witnesses and the student himself/herself or certified copy of the certificate of registration of marriage should accompany the application for change in caste or sub-caste along with the certificate from the concerned competent authority mentioned in (a) above showing that the caste or sub-caste has changed as a result of the marriage.</p><p style="text-align: justify;"> <strong>(d) Due to any other reason </strong>:</p><p style="text-align: justify;"> An affidavit made before a stipendiary Magistrate by the parent or guardian should accompany the application for change in caste of sub-caste.</p><p style="text-align: justify;"> <strong>N.B</strong>.: The term "Backward Class" means and includes the following categories.</p><table border="1" cellpadding="0" cellspacing="0"><tbody><tr><td style="width: 43px">1<td style="width: 251px">Scheduled castes and Schedule Caste converts to Buddhism.<td style="width: 282px">As per Scheduled Castes and Scheduled Tribes Lists Modification Order, 1956, as adopted for Maharashtra State.</tr><tr><td style="width: 43px">2<td style="width: 251px">Scheduled Tribes including those outside specified areas.<td style="width: 282px">Vide Part VII-A of the Seventh and Eighth Schedule of the Bombay Reorganisation Act, 1960 and orders issued by Government in this behalf from time to time.</tr><tr><td style="width: 43px">3<td style="width: 251px">DenotifiedTribes and Nomadic Tribes.<td style="width: 282px">As per Government Resolution, Education and Social Welfare Deptt. No. CBC. 1361-M, dated 21<sup>st</sup> November 1961 and Government from time to time.</tr><tr><td style="width: 43px">4<td style="width: 251px">Other Classes.<td style="width: 282px">Backward Castes which have been declared as belonging to the other Backward Classes by Government from time to time.</tr></tbody></table><strong>General</strong>:-<p style="text-align: justify;"> (Please also see Annexure 36).</p><p style="text-align: justify;"> 15. An appeal against the decision of the Educational Inspector, Greater Bombay or as the case may be, the Education Officer, Zilla Parishad concerned, who has not sanctioned the change shall be submitted to the Deputy Director concerned within 30 days of the receipt of the order."</p><p style="text-align: justify;"> 6. On fulfillment of requirements laid down under Appendix Six, the application tendered for effecting change in the entries recorded in school record can be entertained. Respondents were therefore not justified in turning down the application tendered by the petitioner on the ground that the entries recorded in the school record cannot be corrected after pupil has left school. The petition, therefore, deserves to be allowed and Education Officer (Primary), Zilla Parishad, Osmanabad is required to be directed to consider the application tendered by the petitioner to the school authorities and which has been forwarded to the Education Officer (Primary), Zilla Parishad, Osmanabad, in accordance with provisions of Secondary Schools Code, 2006. The orders passed by respondent Nos. 2 and 3 impugned in this petition, are quashed and set aside and the matter is remitted back to the Education Officer (Primary), Zilla Parishad, Osmanabad for reconsideration. The Education Officer (Primary), Zilla Parishad, Osmanabad shall proceed to take decision on the application in accordance with provisions of Secondary Schools Code, 2006 and the observations made in this judgment. The petitioner shall cause appearance before the Education Officer (Primary), Zilla Parishad, Osmanabad on 29th October, 2012 and as such, no separate notice requiring petitioner's appearance before respondent No. 3 shall be essential. Respondent No. 3 shall decide the application, as expeditiously as possible, preferably within eight (8) weeks from date of appearance of petitioner before him. Rule is accordingly made absolute. No order as to costs.</p><p style="text-align: justify;"> 7. Pending civil application, if any, does not survive, same stands disposed of.</p>',
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		'judgement' => '<p><strong>Oral Judgment : [ R.M. Borde, J.]</strong><p> Rule. Rule made returnable forthwith.</p><p> With consent of the parties, the petition is taken up for final disposal at admission stage.</p><p> 2. The petitioner claims to be belonging to Bhavsar Kshetriya caste which is included in Other Backward Class category. The petitioner is serving as Conductor in Maharashtra State Road Transport Corporation. The school record of the petitioner records caste as 'Hindu Maratha'. According to the petitioner, while securing admission in school, his father has erroneously recorded the entry as 'Hindu Maratha'. He further contends that old record pertaining to his father, uncle and other near relatives show that they belong to 'Bhavsar Kehstriya caste'. The petitioner has also been issued caste certificate by the competent authority. The son of the petitioner has also been issued caste certificate by the competent authority certifying that he belongs to 'Bhavsar Kshetriya caste' and his caste claim has been validated by the competent Committee. The petitioner, therefore, tendered application to school where he was studying for onward transmission to the Education Officer (Primary), Zilla Parishad, Osmanabad for issuing directions for affecting necessary corrections. The school authority forwarded the application with favourable recommendation to the Education Officer. The Education Officer (Primary) by his order dated 1st November, 2011 was pleased to reject the application recording that since the petitioner has left the school, the application is not maintainable.</p><p> 3. The petitioner tendered appeal to the Deputy Director of Education, Latur Division, Latur,which was heard and disposed of by Deputy Director of Education, Latur Division, Latur on 30th January, 2012 and appeal came to be dismissed. The appellate authority has recorded in the order that rule 26.4, Appendix-Six of the Secondary Schools Code-2006 does not permit to make correction in the entries in respect of caste in the school record after pupil has left the school. According to the petitioner, reasons recorded by both the authorities for turning down his claim are erroneous and against the provisions of Secondary Schools Code, 2006. Rule 26.4 of the Secondary Schools Code, 2006 prescribe that application for change or correction of date of birth, name, surname, caste etc., as entered in the General Register shall be entertained from or on behalf of a pupil who is attending a school. It further provide that such application shall not be entertained from or on behalf of a pupil, who has left the school, as the same amounts not only to a change in the entries in the General Register but also to a change in the School Leaving Certificate. It has been further prescribed that, however, for the purposes like an admission to another educational institution the School Leaving certificate is relied upon as an evidence for name, surname, caste, date of birth etc., and in bonafide cases where wrong spelling of a word or an obvious mistake of the type mentioned in sub-rule 3 above is noticed any time after issue of the School Leaving Certificate and the same is required to be corrected so as to be consistent with the corresponding entries in the General Register of the school or those in the School Leaving Certificate issued by the previous school, such applications shall be entertained. The procedure to be followed in such cases is laid down in Appendix Six.</p><p> 4. Rule 26.4 of the Secondary Schools Code, 2006 has been interpreted by the Division Bench of this Court in the matter of Shaikh Shafi Ahmed Khadarsab vs. The State of Maharashtra and others in Writ Petition No. 1138 of 2009 decided on 13<sup>th</sup> March, 2012. In paragraph-11 of the judgment cited supra, the Division Bench of this Court has observed thus:</p><p> "11. For all these reasons, we hold that the instructions contained in para 26.4 of the S.S.Code that an application for change of an entry in the General Register of a school shall be entertained only on behalf of the pupil who is attending the school meaning thereby that it shall not be entertained on behalf of the pupil who has left the school, are directory and not mandatory. In our view, such an application can be entertained even after the pupil has left the school, provided the application is bona-fide and the pupil is able to satisfy that the original entry in the General Register of the school is erroneous. The application can be rejected if the entry is not shown to be erroneous and wrong. It, however, cannot be rejected without it being considered on merits, only on the technical ground that the application has been made after the pupil has left the school."</p><p> 5. Appendix Six of the Secondary Schools Code, 2006 lays down the procedure in respect of making correction and change in names, surnames, caste/sub-caste, date of birth etc., Paragraph Nos.12 to 15 of Appendix Six reads thus:</p><p> "<strong>Change in Caste or Sub-Caste (in respect of B.C. pupils only):</strong></p><p> (12) For making changes in caste or sub-caste of Backward Class pupils the guardian of the pupil shall make an application in Form No. 3 accompanying these rules.</p><p> (13) Permission may be given to change the entries in the General Register of the school in respect of "caste" or "sub-caste" of Backward Class pupils in the following circumstances.</p><p> (i) due to wrong entries made initially;</p><p> (ii) due to change in religion;</p><p> (iii) if the caste previously treated as non-backward was subsequently declared by Government as Backward or vice-versa.</p><p> (iv) due to adoption;</p><p> (v) due to inter-caste or inter-religion marriage;</p><p> (14) For this purpose, the necessary certificates from the following authorities must accompany the application for change of caste or sub-caste:</p><p> <strong>(a) For Reasons</strong>, (i),(ii) and (iii) above:</p><p> In Greater Bombay (a) The Chief Presidency Magistrate or the Presidency Magistrate authorised by him;</p><p> Or</p><p> (b) Justice of Peace; or (Deleted)</p><p> (c) Social, Welfare Officer, Greater Bombay, Bombay.</p><p> In other areas (d) The District Magistrates or Executive Magistrates authorized by them;</p><p> or</p><p> (e) Honorary Magistrates; or (Deleted)</p><p> (f) The Social Welfare Officer of the district concerned.</p><p> (<strong>b) Due to adoption </strong>:</p><p> The original adoption-deed or a certified copy of that deed or a certificate from stipendiary Magistrate showing the change in name (if any) and the caste or sub-caste changed as a result of adoption should accompany the application for change in caste or sub-caste.</p><p> <strong>(c) Due to inter-caste or inter-religion marriage </strong>:</p><p> A declaration by the parent or guardian attested by two witnesses and the student himself/herself or certified copy of the certificate of registration of marriage should accompany the application for change in caste or sub-caste along with the certificate from the concerned competent authority mentioned in (a) above showing that the caste or sub-caste has changed as a result of the marriage.</p><p> <strong>(d) Due to any other reason </strong>:</p><p> An affidavit made before a stipendiary Magistrate by the parent or guardian should accompany the application for change in caste of sub-caste.</p><p> <strong>N.B</strong>.: The term "Backward Class" means and includes the following categories.</p><table><tbody><tr><td>1<td>Scheduled castes and Schedule Caste converts to Buddhism.<td>As per Scheduled Castes and Scheduled Tribes Lists Modification Order, 1956, as adopted for Maharashtra State.</tr><tr><td>2<td>Scheduled Tribes including those outside specified areas.<td>Vide Part VII-A of the Seventh and Eighth Schedule of the Bombay Reorganisation Act, 1960 and orders issued by Government in this behalf from time to time.</tr><tr><td>3<td>DenotifiedTribes and Nomadic Tribes.<td>As per Government Resolution, Education and Social Welfare Deptt. No. CBC. 1361-M, dated 21<sup>st</sup> November 1961 and Government from time to time.</tr><tr><td>4<td>Other Classes.<td>Backward Castes which have been declared as belonging to the other Backward Classes by Government from time to time.</tr></tbody></table><strong>General</strong>:-<p> (Please also see Annexure 36).</p><p> 15. An appeal against the decision of the Educational Inspector, Greater Bombay or as the case may be, the Education Officer, Zilla Parishad concerned, who has not sanctioned the change shall be submitted to the Deputy Director concerned within 30 days of the receipt of the order."</p><p> 6. On fulfillment of requirements laid down under Appendix Six, the application tendered for effecting change in the entries recorded in school record can be entertained. Respondents were therefore not justified in turning down the application tendered by the petitioner on the ground that the entries recorded in the school record cannot be corrected after pupil has left school. The petition, therefore, deserves to be allowed and Education Officer (Primary), Zilla Parishad, Osmanabad is required to be directed to consider the application tendered by the petitioner to the school authorities and which has been forwarded to the Education Officer (Primary), Zilla Parishad, Osmanabad, in accordance with provisions of Secondary Schools Code, 2006. The orders passed by respondent Nos. 2 and 3 impugned in this petition, are quashed and set aside and the matter is remitted back to the Education Officer (Primary), Zilla Parishad, Osmanabad for reconsideration. The Education Officer (Primary), Zilla Parishad, Osmanabad shall proceed to take decision on the application in accordance with provisions of Secondary Schools Code, 2006 and the observations made in this judgment. The petitioner shall cause appearance before the Education Officer (Primary), Zilla Parishad, Osmanabad on 29th October, 2012 and as such, no separate notice requiring petitioner's appearance before respondent No. 3 shall be essential. Respondent No. 3 shall decide the application, as expeditiously as possible, preferably within eight (8) weeks from date of appearance of petitioner before him. Rule is accordingly made absolute. No order as to costs.</p><p> 7. Pending civil application, if any, does not survive, same stands disposed of.</p>',
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	(int) 1 => '<p> With consent of the parties, the petition is taken up for final disposal at admission stage.',
	(int) 2 => '<p> 2. The petitioner claims to be belonging to Bhavsar Kshetriya caste which is included in Other Backward Class category. The petitioner is serving as Conductor in Maharashtra State Road Transport Corporation. The school record of the petitioner records caste as 'Hindu Maratha'. According to the petitioner, while securing admission in school, his father has erroneously recorded the entry as 'Hindu Maratha'. He further contends that old record pertaining to his father, uncle and other near relatives show that they belong to 'Bhavsar Kehstriya caste'. The petitioner has also been issued caste certificate by the competent authority. The son of the petitioner has also been issued caste certificate by the competent authority certifying that he belongs to 'Bhavsar Kshetriya caste' and his caste claim has been validated by the competent Committee. The petitioner, therefore, tendered application to school where he was studying for onward transmission to the Education Officer (Primary), Zilla Parishad, Osmanabad for issuing directions for affecting necessary corrections. The school authority forwarded the application with favourable recommendation to the Education Officer. The Education Officer (Primary) by his order dated 1st November, 2011 was pleased to reject the application recording that since the petitioner has left the school, the application is not maintainable.',
	(int) 3 => '<p> 3. The petitioner tendered appeal to the Deputy Director of Education, Latur Division, Latur,which was heard and disposed of by Deputy Director of Education, Latur Division, Latur on 30th January, 2012 and appeal came to be dismissed. The appellate authority has recorded in the order that rule 26.4, Appendix-Six of the Secondary Schools Code-2006 does not permit to make correction in the entries in respect of caste in the school record after pupil has left the school. According to the petitioner, reasons recorded by both the authorities for turning down his claim are erroneous and against the provisions of Secondary Schools Code, 2006. Rule 26.4 of the Secondary Schools Code, 2006 prescribe that application for change or correction of date of birth, name, surname, caste etc., as entered in the General Register shall be entertained from or on behalf of a pupil who is attending a school. It further provide that such application shall not be entertained from or on behalf of a pupil, who has left the school, as the same amounts not only to a change in the entries in the General Register but also to a change in the School Leaving Certificate. It has been further prescribed that, however, for the purposes like an admission to another educational institution the School Leaving certificate is relied upon as an evidence for name, surname, caste, date of birth etc., and in bonafide cases where wrong spelling of a word or an obvious mistake of the type mentioned in sub-rule 3 above is noticed any time after issue of the School Leaving Certificate and the same is required to be corrected so as to be consistent with the corresponding entries in the General Register of the school or those in the School Leaving Certificate issued by the previous school, such applications shall be entertained. The procedure to be followed in such cases is laid down in Appendix Six.',
	(int) 4 => '<p> 4. Rule 26.4 of the Secondary Schools Code, 2006 has been interpreted by the Division Bench of this Court in the matter of Shaikh Shafi Ahmed Khadarsab vs. The State of Maharashtra and others in Writ Petition No. 1138 of 2009 decided on 13<sup>th</sup> March, 2012. In paragraph-11 of the judgment cited supra, the Division Bench of this Court has observed thus:',
	(int) 5 => '<p> "11. For all these reasons, we hold that the instructions contained in para 26.4 of the S.S.Code that an application for change of an entry in the General Register of a school shall be entertained only on behalf of the pupil who is attending the school meaning thereby that it shall not be entertained on behalf of the pupil who has left the school, are directory and not mandatory. In our view, such an application can be entertained even after the pupil has left the school, provided the application is bona-fide and the pupil is able to satisfy that the original entry in the General Register of the school is erroneous. The application can be rejected if the entry is not shown to be erroneous and wrong. It, however, cannot be rejected without it being considered on merits, only on the technical ground that the application has been made after the pupil has left the school."',
	(int) 6 => '<p> 5. Appendix Six of the Secondary Schools Code, 2006 lays down the procedure in respect of making correction and change in names, surnames, caste/sub-caste, date of birth etc., Paragraph Nos.12 to 15 of Appendix Six reads thus:',
	(int) 7 => '<p> "<strong>Change in Caste or Sub-Caste (in respect of B.C. pupils only):</strong>',
	(int) 8 => '<p> (12) For making changes in caste or sub-caste of Backward Class pupils the guardian of the pupil shall make an application in Form No. 3 accompanying these rules.',
	(int) 9 => '<p> (13) Permission may be given to change the entries in the General Register of the school in respect of "caste" or "sub-caste" of Backward Class pupils in the following circumstances.',
	(int) 10 => '<p> (i) due to wrong entries made initially;',
	(int) 11 => '<p> (ii) due to change in religion;',
	(int) 12 => '<p> (iii) if the caste previously treated as non-backward was subsequently declared by Government as Backward or vice-versa.',
	(int) 13 => '<p> (iv) due to adoption;',
	(int) 14 => '<p> (v) due to inter-caste or inter-religion marriage;',
	(int) 15 => '<p> (14) For this purpose, the necessary certificates from the following authorities must accompany the application for change of caste or sub-caste:',
	(int) 16 => '<p> <strong>(a) For Reasons</strong>, (i),(ii) and (iii) above:',
	(int) 17 => '<p> In Greater Bombay (a) The Chief Presidency Magistrate or the Presidency Magistrate authorised by him;',
	(int) 18 => '<p> Or',
	(int) 19 => '<p> (b) Justice of Peace; or (Deleted)',
	(int) 20 => '<p> (c) Social, Welfare Officer, Greater Bombay, Bombay.',
	(int) 21 => '<p> In other areas (d) The District Magistrates or Executive Magistrates authorized by them;',
	(int) 22 => '<p> or',
	(int) 23 => '<p> (e) Honorary Magistrates; or (Deleted)',
	(int) 24 => '<p> (f) The Social Welfare Officer of the district concerned.',
	(int) 25 => '<p> (<strong>b) Due to adoption </strong>:',
	(int) 26 => '<p> The original adoption-deed or a certified copy of that deed or a certificate from stipendiary Magistrate showing the change in name (if any) and the caste or sub-caste changed as a result of adoption should accompany the application for change in caste or sub-caste.',
	(int) 27 => '<p> <strong>(c) Due to inter-caste or inter-religion marriage </strong>:',
	(int) 28 => '<p> A declaration by the parent or guardian attested by two witnesses and the student himself/herself or certified copy of the certificate of registration of marriage should accompany the application for change in caste or sub-caste along with the certificate from the concerned competent authority mentioned in (a) above showing that the caste or sub-caste has changed as a result of the marriage.',
	(int) 29 => '<p> <strong>(d) Due to any other reason </strong>:',
	(int) 30 => '<p> An affidavit made before a stipendiary Magistrate by the parent or guardian should accompany the application for change in caste of sub-caste.',
	(int) 31 => '<p> <strong>N.B</strong>.: The term "Backward Class" means and includes the following categories.',
	(int) 32 => '<table><tbody><tr><td>1<td>Scheduled castes and Schedule Caste converts to Buddhism.<td>As per Scheduled Castes and Scheduled Tribes Lists Modification Order, 1956, as adopted for Maharashtra State.</tr><tr><td>2<td>Scheduled Tribes including those outside specified areas.<td>Vide Part VII-A of the Seventh and Eighth Schedule of the Bombay Reorganisation Act, 1960 and orders issued by Government in this behalf from time to time.</tr><tr><td>3<td>DenotifiedTribes and Nomadic Tribes.<td>As per Government Resolution, Education and Social Welfare Deptt. No. CBC. 1361-M, dated 21<sup>st</sup> November 1961 and Government from time to time.</tr><tr><td>4<td>Other Classes.<td>Backward Castes which have been declared as belonging to the other Backward Classes by Government from time to time.</tr></tbody></table><strong>General</strong>:-<p> (Please also see Annexure 36).',
	(int) 33 => '<p> 15. An appeal against the decision of the Educational Inspector, Greater Bombay or as the case may be, the Education Officer, Zilla Parishad concerned, who has not sanctioned the change shall be submitted to the Deputy Director concerned within 30 days of the receipt of the order."',
	(int) 34 => '<p> 6. On fulfillment of requirements laid down under Appendix Six, the application tendered for effecting change in the entries recorded in school record can be entertained. Respondents were therefore not justified in turning down the application tendered by the petitioner on the ground that the entries recorded in the school record cannot be corrected after pupil has left school. The petition, therefore, deserves to be allowed and Education Officer (Primary), Zilla Parishad, Osmanabad is required to be directed to consider the application tendered by the petitioner to the school authorities and which has been forwarded to the Education Officer (Primary), Zilla Parishad, Osmanabad, in accordance with provisions of Secondary Schools Code, 2006. The orders passed by respondent Nos. 2 and 3 impugned in this petition, are quashed and set aside and the matter is remitted back to the Education Officer (Primary), Zilla Parishad, Osmanabad for reconsideration. The Education Officer (Primary), Zilla Parishad, Osmanabad shall proceed to take decision on the application in accordance with provisions of Secondary Schools Code, 2006 and the observations made in this judgment. The petitioner shall cause appearance before the Education Officer (Primary), Zilla Parishad, Osmanabad on 29th October, 2012 and as such, no separate notice requiring petitioner's appearance before respondent No. 3 shall be essential. Respondent No. 3 shall decide the application, as expeditiously as possible, preferably within eight (8) weeks from date of appearance of petitioner before him. Rule is accordingly made absolute. No order as to costs.',
	(int) 35 => '<p> 7. Pending civil application, if any, does not survive, same stands disposed of.',
	(int) 36 => ''
)
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$cnt = (int) 37
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2. The petitioner claims to be belonging to Bhavsar Kshetriya caste which is included in Other Backward Class category. The petitioner is serving as Conductor in Maharashtra State Road Transport Corporation. The school record of the petitioner records caste as 'Hindu Maratha'. According to the petitioner, while securing admission in school, his father has erroneously recorded the entry as 'Hindu Maratha'. He further contends that old record pertaining to his father, uncle and other near relatives show that they belong to 'Bhavsar Kehstriya caste'. The petitioner has also been issued caste certificate by the competent authority. The son of the petitioner has also been issued caste certificate by the competent authority certifying that he belongs to 'Bhavsar Kshetriya caste' and his caste claim has been validated by the competent Committee. The petitioner, therefore, tendered application to school where he was studying for onward transmission to the Education Officer (Primary), Zilla Parishad, Osmanabad for issuing directions for affecting necessary corrections. The school authority forwarded the application with favourable recommendation to the Education Officer. The Education Officer (Primary) by his order dated 1st November, 2011 was pleased to reject the application recording that since the petitioner has left the school, the application is not maintainable.

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	'title_for_layout' => 'Vilas S O Dattatraya Ransubhe Vs the State of Maharashtra Through the Secretary School Education and Sports Department and Others - Citation 1105404 - Court Judgment | ',
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		'Judgement' => array(
			'id' => '1105404',
			'acts' => null,
			'appealno' => 'Writ Petition No.3266 of 2012 ',
			'appellant' => 'Vilas S/O Dattatraya Ransubhe',
			'authreffered' => null,
			'casename' => 'Vilas S/O Dattatraya Ransubhe Vs. the State of Maharashtra, Through the Secretary, School Education and Sports Department and Others',
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			'caseanalysis' => null,
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			'court' => 'Mumbai Aurangabad',
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			'decidedon' => '2012-10-08',
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			'judge' => 'R.M. BORDE & S.S. SHINDE',
			'judgement' => '<p style="text-align: justify;"><strong>Oral Judgment : [ R.M. Borde, J.]</strong><p style="text-align: justify;"> Rule. Rule made returnable forthwith.</p><p style="text-align: justify;"> With consent of the parties, the petition is taken up for final disposal at admission stage.</p><p style="text-align: justify;"> 2. The petitioner claims to be belonging to Bhavsar Kshetriya caste which is included in Other Backward Class category. The petitioner is serving as Conductor in Maharashtra State Road Transport Corporation. The school record of the petitioner records caste as 'Hindu Maratha'. According to the petitioner, while securing admission in school, his father has erroneously recorded the entry as 'Hindu Maratha'. He further contends that old record pertaining to his father, uncle and other near relatives show that they belong to 'Bhavsar Kehstriya caste'. The petitioner has also been issued caste certificate by the competent authority. The son of the petitioner has also been issued caste certificate by the competent authority certifying that he belongs to 'Bhavsar Kshetriya caste' and his caste claim has been validated by the competent Committee. The petitioner, therefore, tendered application to school where he was studying for onward transmission to the Education Officer (Primary), Zilla Parishad, Osmanabad for issuing directions for affecting necessary corrections. The school authority forwarded the application with favourable recommendation to the Education Officer. The Education Officer (Primary) by his order dated 1st November, 2011 was pleased to reject the application recording that since the petitioner has left the school, the application is not maintainable.</p><p style="text-align: justify;"> 3. The petitioner tendered appeal to the Deputy Director of Education, Latur Division, Latur,which was heard and disposed of by Deputy Director of Education, Latur Division, Latur on 30th January, 2012 and appeal came to be dismissed. The appellate authority has recorded in the order that rule 26.4, Appendix-Six of the Secondary Schools Code-2006 does not permit to make correction in the entries in respect of caste in the school record after pupil has left the school. According to the petitioner, reasons recorded by both the authorities for turning down his claim are erroneous and against the provisions of Secondary Schools Code, 2006. Rule 26.4 of the Secondary Schools Code, 2006 prescribe that application for change or correction of date of birth, name, surname, caste etc., as entered in the General Register shall be entertained from or on behalf of a pupil who is attending a school. It further provide that such application shall not be entertained from or on behalf of a pupil, who has left the school, as the same amounts not only to a change in the entries in the General Register but also to a change in the School Leaving Certificate. It has been further prescribed that, however, for the purposes like an admission to another educational institution the School Leaving certificate is relied upon as an evidence for name, surname, caste, date of birth etc., and in bonafide cases where wrong spelling of a word or an obvious mistake of the type mentioned in sub-rule 3 above is noticed any time after issue of the School Leaving Certificate and the same is required to be corrected so as to be consistent with the corresponding entries in the General Register of the school or those in the School Leaving Certificate issued by the previous school, such applications shall be entertained. The procedure to be followed in such cases is laid down in Appendix Six.</p><p style="text-align: justify;"> 4. Rule 26.4 of the Secondary Schools Code, 2006 has been interpreted by the Division Bench of this Court in the matter of Shaikh Shafi Ahmed Khadarsab vs. The State of Maharashtra and others in Writ Petition No. 1138 of 2009 decided on 13<sup>th</sup> March, 2012. In paragraph-11 of the judgment cited supra, the Division Bench of this Court has observed thus:</p><p style="text-align: justify;"> "11. For all these reasons, we hold that the instructions contained in para 26.4 of the S.S.Code that an application for change of an entry in the General Register of a school shall be entertained only on behalf of the pupil who is attending the school meaning thereby that it shall not be entertained on behalf of the pupil who has left the school, are directory and not mandatory. In our view, such an application can be entertained even after the pupil has left the school, provided the application is bona-fide and the pupil is able to satisfy that the original entry in the General Register of the school is erroneous. The application can be rejected if the entry is not shown to be erroneous and wrong. It, however, cannot be rejected without it being considered on merits, only on the technical ground that the application has been made after the pupil has left the school."</p><p style="text-align: justify;"> 5. Appendix Six of the Secondary Schools Code, 2006 lays down the procedure in respect of making correction and change in names, surnames, caste/sub-caste, date of birth etc., Paragraph Nos.12 to 15 of Appendix Six reads thus:</p><p style="text-align: justify;"> "<strong>Change in Caste or Sub-Caste (in respect of B.C. pupils only):</strong></p><p style="text-align: justify;"> (12) For making changes in caste or sub-caste of Backward Class pupils the guardian of the pupil shall make an application in Form No. 3 accompanying these rules.</p><p style="text-align: justify;"> (13) Permission may be given to change the entries in the General Register of the school in respect of "caste" or "sub-caste" of Backward Class pupils in the following circumstances.</p><p style="text-align: justify;"> (i) due to wrong entries made initially;</p><p style="text-align: justify;"> (ii) due to change in religion;</p><p style="text-align: justify;"> (iii) if the caste previously treated as non-backward was subsequently declared by Government as Backward or vice-versa.</p><p style="text-align: justify;"> (iv) due to adoption;</p><p style="text-align: justify;"> (v) due to inter-caste or inter-religion marriage;</p><p style="text-align: justify;"> (14) For this purpose, the necessary certificates from the following authorities must accompany the application for change of caste or sub-caste:</p><p style="text-align: justify;"> <strong>(a) For Reasons</strong>, (i),(ii) and (iii) above:</p><p style="text-align: justify;"> In Greater Bombay (a) The Chief Presidency Magistrate or the Presidency Magistrate authorised by him;</p><p style="text-align: justify;"> Or</p><p style="text-align: justify;"> (b) Justice of Peace; or (Deleted)</p><p style="text-align: justify;"> (c) Social, Welfare Officer, Greater Bombay, Bombay.</p><p style="text-align: justify;"> In other areas (d) The District Magistrates or Executive Magistrates authorized by them;</p><p style="text-align: justify;"> or</p><p style="text-align: justify;"> (e) Honorary Magistrates; or (Deleted)</p><p style="text-align: justify;"> (f) The Social Welfare Officer of the district concerned.</p><p style="text-align: justify;"> (<strong>b) Due to adoption </strong>:</p><p style="text-align: justify;"> The original adoption-deed or a certified copy of that deed or a certificate from stipendiary Magistrate showing the change in name (if any) and the caste or sub-caste changed as a result of adoption should accompany the application for change in caste or sub-caste.</p><p style="text-align: justify;"> <strong>(c) Due to inter-caste or inter-religion marriage </strong>:</p><p style="text-align: justify;"> A declaration by the parent or guardian attested by two witnesses and the student himself/herself or certified copy of the certificate of registration of marriage should accompany the application for change in caste or sub-caste along with the certificate from the concerned competent authority mentioned in (a) above showing that the caste or sub-caste has changed as a result of the marriage.</p><p style="text-align: justify;"> <strong>(d) Due to any other reason </strong>:</p><p style="text-align: justify;"> An affidavit made before a stipendiary Magistrate by the parent or guardian should accompany the application for change in caste of sub-caste.</p><p style="text-align: justify;"> <strong>N.B</strong>.: The term "Backward Class" means and includes the following categories.</p><table border="1" cellpadding="0" cellspacing="0"><tbody><tr><td style="width: 43px">1<td style="width: 251px">Scheduled castes and Schedule Caste converts to Buddhism.<td style="width: 282px">As per Scheduled Castes and Scheduled Tribes Lists Modification Order, 1956, as adopted for Maharashtra State.</tr><tr><td style="width: 43px">2<td style="width: 251px">Scheduled Tribes including those outside specified areas.<td style="width: 282px">Vide Part VII-A of the Seventh and Eighth Schedule of the Bombay Reorganisation Act, 1960 and orders issued by Government in this behalf from time to time.</tr><tr><td style="width: 43px">3<td style="width: 251px">DenotifiedTribes and Nomadic Tribes.<td style="width: 282px">As per Government Resolution, Education and Social Welfare Deptt. No. CBC. 1361-M, dated 21<sup>st</sup> November 1961 and Government from time to time.</tr><tr><td style="width: 43px">4<td style="width: 251px">Other Classes.<td style="width: 282px">Backward Castes which have been declared as belonging to the other Backward Classes by Government from time to time.</tr></tbody></table><strong>General</strong>:-<p style="text-align: justify;"> (Please also see Annexure 36).</p><p style="text-align: justify;"> 15. An appeal against the decision of the Educational Inspector, Greater Bombay or as the case may be, the Education Officer, Zilla Parishad concerned, who has not sanctioned the change shall be submitted to the Deputy Director concerned within 30 days of the receipt of the order."</p><p style="text-align: justify;"> 6. On fulfillment of requirements laid down under Appendix Six, the application tendered for effecting change in the entries recorded in school record can be entertained. Respondents were therefore not justified in turning down the application tendered by the petitioner on the ground that the entries recorded in the school record cannot be corrected after pupil has left school. The petition, therefore, deserves to be allowed and Education Officer (Primary), Zilla Parishad, Osmanabad is required to be directed to consider the application tendered by the petitioner to the school authorities and which has been forwarded to the Education Officer (Primary), Zilla Parishad, Osmanabad, in accordance with provisions of Secondary Schools Code, 2006. The orders passed by respondent Nos. 2 and 3 impugned in this petition, are quashed and set aside and the matter is remitted back to the Education Officer (Primary), Zilla Parishad, Osmanabad for reconsideration. The Education Officer (Primary), Zilla Parishad, Osmanabad shall proceed to take decision on the application in accordance with provisions of Secondary Schools Code, 2006 and the observations made in this judgment. The petitioner shall cause appearance before the Education Officer (Primary), Zilla Parishad, Osmanabad on 29th October, 2012 and as such, no separate notice requiring petitioner's appearance before respondent No. 3 shall be essential. Respondent No. 3 shall decide the application, as expeditiously as possible, preferably within eight (8) weeks from date of appearance of petitioner before him. Rule is accordingly made absolute. No order as to costs.</p><p style="text-align: justify;"> 7. Pending civil application, if any, does not survive, same stands disposed of.</p>',
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		'appealno' => 'Writ Petition No.3266 of 2012 ',
		'appellant' => 'Vilas S/O Dattatraya Ransubhe',
		'authreffered' => null,
		'casename' => 'Vilas S/O Dattatraya Ransubhe Vs. the State of Maharashtra, Through the Secretary, School Education and Sports Department and Others',
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		'judgement' => '<p><strong>Oral Judgment : [ R.M. Borde, J.]</strong><p> Rule. Rule made returnable forthwith.</p><p> With consent of the parties, the petition is taken up for final disposal at admission stage.</p><p> 2. The petitioner claims to be belonging to Bhavsar Kshetriya caste which is included in Other Backward Class category. The petitioner is serving as Conductor in Maharashtra State Road Transport Corporation. The school record of the petitioner records caste as 'Hindu Maratha'. According to the petitioner, while securing admission in school, his father has erroneously recorded the entry as 'Hindu Maratha'. He further contends that old record pertaining to his father, uncle and other near relatives show that they belong to 'Bhavsar Kehstriya caste'. The petitioner has also been issued caste certificate by the competent authority. The son of the petitioner has also been issued caste certificate by the competent authority certifying that he belongs to 'Bhavsar Kshetriya caste' and his caste claim has been validated by the competent Committee. The petitioner, therefore, tendered application to school where he was studying for onward transmission to the Education Officer (Primary), Zilla Parishad, Osmanabad for issuing directions for affecting necessary corrections. The school authority forwarded the application with favourable recommendation to the Education Officer. The Education Officer (Primary) by his order dated 1st November, 2011 was pleased to reject the application recording that since the petitioner has left the school, the application is not maintainable.</p><p> 3. The petitioner tendered appeal to the Deputy Director of Education, Latur Division, Latur,which was heard and disposed of by Deputy Director of Education, Latur Division, Latur on 30th January, 2012 and appeal came to be dismissed. The appellate authority has recorded in the order that rule 26.4, Appendix-Six of the Secondary Schools Code-2006 does not permit to make correction in the entries in respect of caste in the school record after pupil has left the school. According to the petitioner, reasons recorded by both the authorities for turning down his claim are erroneous and against the provisions of Secondary Schools Code, 2006. Rule 26.4 of the Secondary Schools Code, 2006 prescribe that application for change or correction of date of birth, name, surname, caste etc., as entered in the General Register shall be entertained from or on behalf of a pupil who is attending a school. It further provide that such application shall not be entertained from or on behalf of a pupil, who has left the school, as the same amounts not only to a change in the entries in the General Register but also to a change in the School Leaving Certificate. It has been further prescribed that, however, for the purposes like an admission to another educational institution the School Leaving certificate is relied upon as an evidence for name, surname, caste, date of birth etc., and in bonafide cases where wrong spelling of a word or an obvious mistake of the type mentioned in sub-rule 3 above is noticed any time after issue of the School Leaving Certificate and the same is required to be corrected so as to be consistent with the corresponding entries in the General Register of the school or those in the School Leaving Certificate issued by the previous school, such applications shall be entertained. The procedure to be followed in such cases is laid down in Appendix Six.</p><p> 4. Rule 26.4 of the Secondary Schools Code, 2006 has been interpreted by the Division Bench of this Court in the matter of Shaikh Shafi Ahmed Khadarsab vs. The State of Maharashtra and others in Writ Petition No. 1138 of 2009 decided on 13<sup>th</sup> March, 2012. In paragraph-11 of the judgment cited supra, the Division Bench of this Court has observed thus:</p><p> "11. For all these reasons, we hold that the instructions contained in para 26.4 of the S.S.Code that an application for change of an entry in the General Register of a school shall be entertained only on behalf of the pupil who is attending the school meaning thereby that it shall not be entertained on behalf of the pupil who has left the school, are directory and not mandatory. In our view, such an application can be entertained even after the pupil has left the school, provided the application is bona-fide and the pupil is able to satisfy that the original entry in the General Register of the school is erroneous. The application can be rejected if the entry is not shown to be erroneous and wrong. It, however, cannot be rejected without it being considered on merits, only on the technical ground that the application has been made after the pupil has left the school."</p><p> 5. Appendix Six of the Secondary Schools Code, 2006 lays down the procedure in respect of making correction and change in names, surnames, caste/sub-caste, date of birth etc., Paragraph Nos.12 to 15 of Appendix Six reads thus:</p><p> "<strong>Change in Caste or Sub-Caste (in respect of B.C. pupils only):</strong></p><p> (12) For making changes in caste or sub-caste of Backward Class pupils the guardian of the pupil shall make an application in Form No. 3 accompanying these rules.</p><p> (13) Permission may be given to change the entries in the General Register of the school in respect of "caste" or "sub-caste" of Backward Class pupils in the following circumstances.</p><p> (i) due to wrong entries made initially;</p><p> (ii) due to change in religion;</p><p> (iii) if the caste previously treated as non-backward was subsequently declared by Government as Backward or vice-versa.</p><p> (iv) due to adoption;</p><p> (v) due to inter-caste or inter-religion marriage;</p><p> (14) For this purpose, the necessary certificates from the following authorities must accompany the application for change of caste or sub-caste:</p><p> <strong>(a) For Reasons</strong>, (i),(ii) and (iii) above:</p><p> In Greater Bombay (a) The Chief Presidency Magistrate or the Presidency Magistrate authorised by him;</p><p> Or</p><p> (b) Justice of Peace; or (Deleted)</p><p> (c) Social, Welfare Officer, Greater Bombay, Bombay.</p><p> In other areas (d) The District Magistrates or Executive Magistrates authorized by them;</p><p> or</p><p> (e) Honorary Magistrates; or (Deleted)</p><p> (f) The Social Welfare Officer of the district concerned.</p><p> (<strong>b) Due to adoption </strong>:</p><p> The original adoption-deed or a certified copy of that deed or a certificate from stipendiary Magistrate showing the change in name (if any) and the caste or sub-caste changed as a result of adoption should accompany the application for change in caste or sub-caste.</p><p> <strong>(c) Due to inter-caste or inter-religion marriage </strong>:</p><p> A declaration by the parent or guardian attested by two witnesses and the student himself/herself or certified copy of the certificate of registration of marriage should accompany the application for change in caste or sub-caste along with the certificate from the concerned competent authority mentioned in (a) above showing that the caste or sub-caste has changed as a result of the marriage.</p><p> <strong>(d) Due to any other reason </strong>:</p><p> An affidavit made before a stipendiary Magistrate by the parent or guardian should accompany the application for change in caste of sub-caste.</p><p> <strong>N.B</strong>.: The term "Backward Class" means and includes the following categories.</p><table><tbody><tr><td>1<td>Scheduled castes and Schedule Caste converts to Buddhism.<td>As per Scheduled Castes and Scheduled Tribes Lists Modification Order, 1956, as adopted for Maharashtra State.</tr><tr><td>2<td>Scheduled Tribes including those outside specified areas.<td>Vide Part VII-A of the Seventh and Eighth Schedule of the Bombay Reorganisation Act, 1960 and orders issued by Government in this behalf from time to time.</tr><tr><td>3<td>DenotifiedTribes and Nomadic Tribes.<td>As per Government Resolution, Education and Social Welfare Deptt. No. CBC. 1361-M, dated 21<sup>st</sup> November 1961 and Government from time to time.</tr><tr><td>4<td>Other Classes.<td>Backward Castes which have been declared as belonging to the other Backward Classes by Government from time to time.</tr></tbody></table><strong>General</strong>:-<p> (Please also see Annexure 36).</p><p> 15. An appeal against the decision of the Educational Inspector, Greater Bombay or as the case may be, the Education Officer, Zilla Parishad concerned, who has not sanctioned the change shall be submitted to the Deputy Director concerned within 30 days of the receipt of the order."</p><p> 6. On fulfillment of requirements laid down under Appendix Six, the application tendered for effecting change in the entries recorded in school record can be entertained. Respondents were therefore not justified in turning down the application tendered by the petitioner on the ground that the entries recorded in the school record cannot be corrected after pupil has left school. The petition, therefore, deserves to be allowed and Education Officer (Primary), Zilla Parishad, Osmanabad is required to be directed to consider the application tendered by the petitioner to the school authorities and which has been forwarded to the Education Officer (Primary), Zilla Parishad, Osmanabad, in accordance with provisions of Secondary Schools Code, 2006. The orders passed by respondent Nos. 2 and 3 impugned in this petition, are quashed and set aside and the matter is remitted back to the Education Officer (Primary), Zilla Parishad, Osmanabad for reconsideration. The Education Officer (Primary), Zilla Parishad, Osmanabad shall proceed to take decision on the application in accordance with provisions of Secondary Schools Code, 2006 and the observations made in this judgment. The petitioner shall cause appearance before the Education Officer (Primary), Zilla Parishad, Osmanabad on 29th October, 2012 and as such, no separate notice requiring petitioner's appearance before respondent No. 3 shall be essential. Respondent No. 3 shall decide the application, as expeditiously as possible, preferably within eight (8) weeks from date of appearance of petitioner before him. Rule is accordingly made absolute. No order as to costs.</p><p> 7. Pending civil application, if any, does not survive, same stands disposed of.</p>',
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	(int) 0 => '<p><strong>Oral Judgment : [ R.M. Borde, J.]</strong><p> Rule. Rule made returnable forthwith.',
	(int) 1 => '<p> With consent of the parties, the petition is taken up for final disposal at admission stage.',
	(int) 2 => '<p> 2. The petitioner claims to be belonging to Bhavsar Kshetriya caste which is included in Other Backward Class category. The petitioner is serving as Conductor in Maharashtra State Road Transport Corporation. The school record of the petitioner records caste as 'Hindu Maratha'. According to the petitioner, while securing admission in school, his father has erroneously recorded the entry as 'Hindu Maratha'. He further contends that old record pertaining to his father, uncle and other near relatives show that they belong to 'Bhavsar Kehstriya caste'. The petitioner has also been issued caste certificate by the competent authority. The son of the petitioner has also been issued caste certificate by the competent authority certifying that he belongs to 'Bhavsar Kshetriya caste' and his caste claim has been validated by the competent Committee. The petitioner, therefore, tendered application to school where he was studying for onward transmission to the Education Officer (Primary), Zilla Parishad, Osmanabad for issuing directions for affecting necessary corrections. The school authority forwarded the application with favourable recommendation to the Education Officer. The Education Officer (Primary) by his order dated 1st November, 2011 was pleased to reject the application recording that since the petitioner has left the school, the application is not maintainable.',
	(int) 3 => '<p> 3. The petitioner tendered appeal to the Deputy Director of Education, Latur Division, Latur,which was heard and disposed of by Deputy Director of Education, Latur Division, Latur on 30th January, 2012 and appeal came to be dismissed. The appellate authority has recorded in the order that rule 26.4, Appendix-Six of the Secondary Schools Code-2006 does not permit to make correction in the entries in respect of caste in the school record after pupil has left the school. According to the petitioner, reasons recorded by both the authorities for turning down his claim are erroneous and against the provisions of Secondary Schools Code, 2006. Rule 26.4 of the Secondary Schools Code, 2006 prescribe that application for change or correction of date of birth, name, surname, caste etc., as entered in the General Register shall be entertained from or on behalf of a pupil who is attending a school. It further provide that such application shall not be entertained from or on behalf of a pupil, who has left the school, as the same amounts not only to a change in the entries in the General Register but also to a change in the School Leaving Certificate. It has been further prescribed that, however, for the purposes like an admission to another educational institution the School Leaving certificate is relied upon as an evidence for name, surname, caste, date of birth etc., and in bonafide cases where wrong spelling of a word or an obvious mistake of the type mentioned in sub-rule 3 above is noticed any time after issue of the School Leaving Certificate and the same is required to be corrected so as to be consistent with the corresponding entries in the General Register of the school or those in the School Leaving Certificate issued by the previous school, such applications shall be entertained. The procedure to be followed in such cases is laid down in Appendix Six.',
	(int) 4 => '<p> 4. Rule 26.4 of the Secondary Schools Code, 2006 has been interpreted by the Division Bench of this Court in the matter of Shaikh Shafi Ahmed Khadarsab vs. The State of Maharashtra and others in Writ Petition No. 1138 of 2009 decided on 13<sup>th</sup> March, 2012. In paragraph-11 of the judgment cited supra, the Division Bench of this Court has observed thus:',
	(int) 5 => '<p> "11. For all these reasons, we hold that the instructions contained in para 26.4 of the S.S.Code that an application for change of an entry in the General Register of a school shall be entertained only on behalf of the pupil who is attending the school meaning thereby that it shall not be entertained on behalf of the pupil who has left the school, are directory and not mandatory. In our view, such an application can be entertained even after the pupil has left the school, provided the application is bona-fide and the pupil is able to satisfy that the original entry in the General Register of the school is erroneous. The application can be rejected if the entry is not shown to be erroneous and wrong. It, however, cannot be rejected without it being considered on merits, only on the technical ground that the application has been made after the pupil has left the school."',
	(int) 6 => '<p> 5. Appendix Six of the Secondary Schools Code, 2006 lays down the procedure in respect of making correction and change in names, surnames, caste/sub-caste, date of birth etc., Paragraph Nos.12 to 15 of Appendix Six reads thus:',
	(int) 7 => '<p> "<strong>Change in Caste or Sub-Caste (in respect of B.C. pupils only):</strong>',
	(int) 8 => '<p> (12) For making changes in caste or sub-caste of Backward Class pupils the guardian of the pupil shall make an application in Form No. 3 accompanying these rules.',
	(int) 9 => '<p> (13) Permission may be given to change the entries in the General Register of the school in respect of "caste" or "sub-caste" of Backward Class pupils in the following circumstances.',
	(int) 10 => '<p> (i) due to wrong entries made initially;',
	(int) 11 => '<p> (ii) due to change in religion;',
	(int) 12 => '<p> (iii) if the caste previously treated as non-backward was subsequently declared by Government as Backward or vice-versa.',
	(int) 13 => '<p> (iv) due to adoption;',
	(int) 14 => '<p> (v) due to inter-caste or inter-religion marriage;',
	(int) 15 => '<p> (14) For this purpose, the necessary certificates from the following authorities must accompany the application for change of caste or sub-caste:',
	(int) 16 => '<p> <strong>(a) For Reasons</strong>, (i),(ii) and (iii) above:',
	(int) 17 => '<p> In Greater Bombay (a) The Chief Presidency Magistrate or the Presidency Magistrate authorised by him;',
	(int) 18 => '<p> Or',
	(int) 19 => '<p> (b) Justice of Peace; or (Deleted)',
	(int) 20 => '<p> (c) Social, Welfare Officer, Greater Bombay, Bombay.',
	(int) 21 => '<p> In other areas (d) The District Magistrates or Executive Magistrates authorized by them;',
	(int) 22 => '<p> or',
	(int) 23 => '<p> (e) Honorary Magistrates; or (Deleted)',
	(int) 24 => '<p> (f) The Social Welfare Officer of the district concerned.',
	(int) 25 => '<p> (<strong>b) Due to adoption </strong>:',
	(int) 26 => '<p> The original adoption-deed or a certified copy of that deed or a certificate from stipendiary Magistrate showing the change in name (if any) and the caste or sub-caste changed as a result of adoption should accompany the application for change in caste or sub-caste.',
	(int) 27 => '<p> <strong>(c) Due to inter-caste or inter-religion marriage </strong>:',
	(int) 28 => '<p> A declaration by the parent or guardian attested by two witnesses and the student himself/herself or certified copy of the certificate of registration of marriage should accompany the application for change in caste or sub-caste along with the certificate from the concerned competent authority mentioned in (a) above showing that the caste or sub-caste has changed as a result of the marriage.',
	(int) 29 => '<p> <strong>(d) Due to any other reason </strong>:',
	(int) 30 => '<p> An affidavit made before a stipendiary Magistrate by the parent or guardian should accompany the application for change in caste of sub-caste.',
	(int) 31 => '<p> <strong>N.B</strong>.: The term "Backward Class" means and includes the following categories.',
	(int) 32 => '<table><tbody><tr><td>1<td>Scheduled castes and Schedule Caste converts to Buddhism.<td>As per Scheduled Castes and Scheduled Tribes Lists Modification Order, 1956, as adopted for Maharashtra State.</tr><tr><td>2<td>Scheduled Tribes including those outside specified areas.<td>Vide Part VII-A of the Seventh and Eighth Schedule of the Bombay Reorganisation Act, 1960 and orders issued by Government in this behalf from time to time.</tr><tr><td>3<td>DenotifiedTribes and Nomadic Tribes.<td>As per Government Resolution, Education and Social Welfare Deptt. No. CBC. 1361-M, dated 21<sup>st</sup> November 1961 and Government from time to time.</tr><tr><td>4<td>Other Classes.<td>Backward Castes which have been declared as belonging to the other Backward Classes by Government from time to time.</tr></tbody></table><strong>General</strong>:-<p> (Please also see Annexure 36).',
	(int) 33 => '<p> 15. An appeal against the decision of the Educational Inspector, Greater Bombay or as the case may be, the Education Officer, Zilla Parishad concerned, who has not sanctioned the change shall be submitted to the Deputy Director concerned within 30 days of the receipt of the order."',
	(int) 34 => '<p> 6. On fulfillment of requirements laid down under Appendix Six, the application tendered for effecting change in the entries recorded in school record can be entertained. Respondents were therefore not justified in turning down the application tendered by the petitioner on the ground that the entries recorded in the school record cannot be corrected after pupil has left school. The petition, therefore, deserves to be allowed and Education Officer (Primary), Zilla Parishad, Osmanabad is required to be directed to consider the application tendered by the petitioner to the school authorities and which has been forwarded to the Education Officer (Primary), Zilla Parishad, Osmanabad, in accordance with provisions of Secondary Schools Code, 2006. The orders passed by respondent Nos. 2 and 3 impugned in this petition, are quashed and set aside and the matter is remitted back to the Education Officer (Primary), Zilla Parishad, Osmanabad for reconsideration. The Education Officer (Primary), Zilla Parishad, Osmanabad shall proceed to take decision on the application in accordance with provisions of Secondary Schools Code, 2006 and the observations made in this judgment. The petitioner shall cause appearance before the Education Officer (Primary), Zilla Parishad, Osmanabad on 29th October, 2012 and as such, no separate notice requiring petitioner's appearance before respondent No. 3 shall be essential. Respondent No. 3 shall decide the application, as expeditiously as possible, preferably within eight (8) weeks from date of appearance of petitioner before him. Rule is accordingly made absolute. No order as to costs.',
	(int) 35 => '<p> 7. Pending civil application, if any, does not survive, same stands disposed of.',
	(int) 36 => ''
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3. The petitioner tendered appeal to the Deputy Director of Education, Latur Division, Latur,which was heard and disposed of by Deputy Director of Education, Latur Division, Latur on 30th January, 2012 and appeal came to be dismissed. The appellate authority has recorded in the order that rule 26.4, Appendix-Six of the Secondary Schools Code-2006 does not permit to make correction in the entries in respect of caste in the school record after pupil has left the school. According to the petitioner, reasons recorded by both the authorities for turning down his claim are erroneous and against the provisions of Secondary Schools Code, 2006. Rule 26.4 of the Secondary Schools Code, 2006 prescribe that application for change or correction of date of birth, name, surname, caste etc., as entered in the General Register shall be entertained from or on behalf of a pupil who is attending a school. It further provide that such application shall not be entertained from or on behalf of a pupil, who has left the school, as the same amounts not only to a change in the entries in the General Register but also to a change in the School Leaving Certificate. It has been further prescribed that, however, for the purposes like an admission to another educational institution the School Leaving certificate is relied upon as an evidence for name, surname, caste, date of birth etc., and in bonafide cases where wrong spelling of a word or an obvious mistake of the type mentioned in sub-rule 3 above is noticed any time after issue of the School Leaving Certificate and the same is required to be corrected so as to be consistent with the corresponding entries in the General Register of the school or those in the School Leaving Certificate issued by the previous school, such applications shall be entertained. The procedure to be followed in such cases is laid down in Appendix Six.

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	'title_for_layout' => 'Vilas S O Dattatraya Ransubhe Vs the State of Maharashtra Through the Secretary School Education and Sports Department and Others - Citation 1105404 - Court Judgment | ',
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			'id' => '1105404',
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			'appealno' => 'Writ Petition No.3266 of 2012 ',
			'appellant' => 'Vilas S/O Dattatraya Ransubhe',
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			'casename' => 'Vilas S/O Dattatraya Ransubhe Vs. the State of Maharashtra, Through the Secretary, School Education and Sports Department and Others',
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			'court' => 'Mumbai Aurangabad',
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			'decidedon' => '2012-10-08',
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			'judge' => 'R.M. BORDE & S.S. SHINDE',
			'judgement' => '<p style="text-align: justify;"><strong>Oral Judgment : [ R.M. Borde, J.]</strong><p style="text-align: justify;"> Rule. Rule made returnable forthwith.</p><p style="text-align: justify;"> With consent of the parties, the petition is taken up for final disposal at admission stage.</p><p style="text-align: justify;"> 2. The petitioner claims to be belonging to Bhavsar Kshetriya caste which is included in Other Backward Class category. The petitioner is serving as Conductor in Maharashtra State Road Transport Corporation. The school record of the petitioner records caste as 'Hindu Maratha'. According to the petitioner, while securing admission in school, his father has erroneously recorded the entry as 'Hindu Maratha'. He further contends that old record pertaining to his father, uncle and other near relatives show that they belong to 'Bhavsar Kehstriya caste'. The petitioner has also been issued caste certificate by the competent authority. The son of the petitioner has also been issued caste certificate by the competent authority certifying that he belongs to 'Bhavsar Kshetriya caste' and his caste claim has been validated by the competent Committee. The petitioner, therefore, tendered application to school where he was studying for onward transmission to the Education Officer (Primary), Zilla Parishad, Osmanabad for issuing directions for affecting necessary corrections. The school authority forwarded the application with favourable recommendation to the Education Officer. The Education Officer (Primary) by his order dated 1st November, 2011 was pleased to reject the application recording that since the petitioner has left the school, the application is not maintainable.</p><p style="text-align: justify;"> 3. The petitioner tendered appeal to the Deputy Director of Education, Latur Division, Latur,which was heard and disposed of by Deputy Director of Education, Latur Division, Latur on 30th January, 2012 and appeal came to be dismissed. The appellate authority has recorded in the order that rule 26.4, Appendix-Six of the Secondary Schools Code-2006 does not permit to make correction in the entries in respect of caste in the school record after pupil has left the school. According to the petitioner, reasons recorded by both the authorities for turning down his claim are erroneous and against the provisions of Secondary Schools Code, 2006. Rule 26.4 of the Secondary Schools Code, 2006 prescribe that application for change or correction of date of birth, name, surname, caste etc., as entered in the General Register shall be entertained from or on behalf of a pupil who is attending a school. It further provide that such application shall not be entertained from or on behalf of a pupil, who has left the school, as the same amounts not only to a change in the entries in the General Register but also to a change in the School Leaving Certificate. It has been further prescribed that, however, for the purposes like an admission to another educational institution the School Leaving certificate is relied upon as an evidence for name, surname, caste, date of birth etc., and in bonafide cases where wrong spelling of a word or an obvious mistake of the type mentioned in sub-rule 3 above is noticed any time after issue of the School Leaving Certificate and the same is required to be corrected so as to be consistent with the corresponding entries in the General Register of the school or those in the School Leaving Certificate issued by the previous school, such applications shall be entertained. The procedure to be followed in such cases is laid down in Appendix Six.</p><p style="text-align: justify;"> 4. Rule 26.4 of the Secondary Schools Code, 2006 has been interpreted by the Division Bench of this Court in the matter of Shaikh Shafi Ahmed Khadarsab vs. The State of Maharashtra and others in Writ Petition No. 1138 of 2009 decided on 13<sup>th</sup> March, 2012. In paragraph-11 of the judgment cited supra, the Division Bench of this Court has observed thus:</p><p style="text-align: justify;"> "11. For all these reasons, we hold that the instructions contained in para 26.4 of the S.S.Code that an application for change of an entry in the General Register of a school shall be entertained only on behalf of the pupil who is attending the school meaning thereby that it shall not be entertained on behalf of the pupil who has left the school, are directory and not mandatory. In our view, such an application can be entertained even after the pupil has left the school, provided the application is bona-fide and the pupil is able to satisfy that the original entry in the General Register of the school is erroneous. The application can be rejected if the entry is not shown to be erroneous and wrong. It, however, cannot be rejected without it being considered on merits, only on the technical ground that the application has been made after the pupil has left the school."</p><p style="text-align: justify;"> 5. Appendix Six of the Secondary Schools Code, 2006 lays down the procedure in respect of making correction and change in names, surnames, caste/sub-caste, date of birth etc., Paragraph Nos.12 to 15 of Appendix Six reads thus:</p><p style="text-align: justify;"> "<strong>Change in Caste or Sub-Caste (in respect of B.C. pupils only):</strong></p><p style="text-align: justify;"> (12) For making changes in caste or sub-caste of Backward Class pupils the guardian of the pupil shall make an application in Form No. 3 accompanying these rules.</p><p style="text-align: justify;"> (13) Permission may be given to change the entries in the General Register of the school in respect of "caste" or "sub-caste" of Backward Class pupils in the following circumstances.</p><p style="text-align: justify;"> (i) due to wrong entries made initially;</p><p style="text-align: justify;"> (ii) due to change in religion;</p><p style="text-align: justify;"> (iii) if the caste previously treated as non-backward was subsequently declared by Government as Backward or vice-versa.</p><p style="text-align: justify;"> (iv) due to adoption;</p><p style="text-align: justify;"> (v) due to inter-caste or inter-religion marriage;</p><p style="text-align: justify;"> (14) For this purpose, the necessary certificates from the following authorities must accompany the application for change of caste or sub-caste:</p><p style="text-align: justify;"> <strong>(a) For Reasons</strong>, (i),(ii) and (iii) above:</p><p style="text-align: justify;"> In Greater Bombay (a) The Chief Presidency Magistrate or the Presidency Magistrate authorised by him;</p><p style="text-align: justify;"> Or</p><p style="text-align: justify;"> (b) Justice of Peace; or (Deleted)</p><p style="text-align: justify;"> (c) Social, Welfare Officer, Greater Bombay, Bombay.</p><p style="text-align: justify;"> In other areas (d) The District Magistrates or Executive Magistrates authorized by them;</p><p style="text-align: justify;"> or</p><p style="text-align: justify;"> (e) Honorary Magistrates; or (Deleted)</p><p style="text-align: justify;"> (f) The Social Welfare Officer of the district concerned.</p><p style="text-align: justify;"> (<strong>b) Due to adoption </strong>:</p><p style="text-align: justify;"> The original adoption-deed or a certified copy of that deed or a certificate from stipendiary Magistrate showing the change in name (if any) and the caste or sub-caste changed as a result of adoption should accompany the application for change in caste or sub-caste.</p><p style="text-align: justify;"> <strong>(c) Due to inter-caste or inter-religion marriage </strong>:</p><p style="text-align: justify;"> A declaration by the parent or guardian attested by two witnesses and the student himself/herself or certified copy of the certificate of registration of marriage should accompany the application for change in caste or sub-caste along with the certificate from the concerned competent authority mentioned in (a) above showing that the caste or sub-caste has changed as a result of the marriage.</p><p style="text-align: justify;"> <strong>(d) Due to any other reason </strong>:</p><p style="text-align: justify;"> An affidavit made before a stipendiary Magistrate by the parent or guardian should accompany the application for change in caste of sub-caste.</p><p style="text-align: justify;"> <strong>N.B</strong>.: The term "Backward Class" means and includes the following categories.</p><table border="1" cellpadding="0" cellspacing="0"><tbody><tr><td style="width: 43px">1<td style="width: 251px">Scheduled castes and Schedule Caste converts to Buddhism.<td style="width: 282px">As per Scheduled Castes and Scheduled Tribes Lists Modification Order, 1956, as adopted for Maharashtra State.</tr><tr><td style="width: 43px">2<td style="width: 251px">Scheduled Tribes including those outside specified areas.<td style="width: 282px">Vide Part VII-A of the Seventh and Eighth Schedule of the Bombay Reorganisation Act, 1960 and orders issued by Government in this behalf from time to time.</tr><tr><td style="width: 43px">3<td style="width: 251px">DenotifiedTribes and Nomadic Tribes.<td style="width: 282px">As per Government Resolution, Education and Social Welfare Deptt. No. CBC. 1361-M, dated 21<sup>st</sup> November 1961 and Government from time to time.</tr><tr><td style="width: 43px">4<td style="width: 251px">Other Classes.<td style="width: 282px">Backward Castes which have been declared as belonging to the other Backward Classes by Government from time to time.</tr></tbody></table><strong>General</strong>:-<p style="text-align: justify;"> (Please also see Annexure 36).</p><p style="text-align: justify;"> 15. An appeal against the decision of the Educational Inspector, Greater Bombay or as the case may be, the Education Officer, Zilla Parishad concerned, who has not sanctioned the change shall be submitted to the Deputy Director concerned within 30 days of the receipt of the order."</p><p style="text-align: justify;"> 6. On fulfillment of requirements laid down under Appendix Six, the application tendered for effecting change in the entries recorded in school record can be entertained. Respondents were therefore not justified in turning down the application tendered by the petitioner on the ground that the entries recorded in the school record cannot be corrected after pupil has left school. The petition, therefore, deserves to be allowed and Education Officer (Primary), Zilla Parishad, Osmanabad is required to be directed to consider the application tendered by the petitioner to the school authorities and which has been forwarded to the Education Officer (Primary), Zilla Parishad, Osmanabad, in accordance with provisions of Secondary Schools Code, 2006. The orders passed by respondent Nos. 2 and 3 impugned in this petition, are quashed and set aside and the matter is remitted back to the Education Officer (Primary), Zilla Parishad, Osmanabad for reconsideration. The Education Officer (Primary), Zilla Parishad, Osmanabad shall proceed to take decision on the application in accordance with provisions of Secondary Schools Code, 2006 and the observations made in this judgment. The petitioner shall cause appearance before the Education Officer (Primary), Zilla Parishad, Osmanabad on 29th October, 2012 and as such, no separate notice requiring petitioner's appearance before respondent No. 3 shall be essential. Respondent No. 3 shall decide the application, as expeditiously as possible, preferably within eight (8) weeks from date of appearance of petitioner before him. Rule is accordingly made absolute. No order as to costs.</p><p style="text-align: justify;"> 7. Pending civil application, if any, does not survive, same stands disposed of.</p>',
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		'judgement' => '<p><strong>Oral Judgment : [ R.M. Borde, J.]</strong><p> Rule. Rule made returnable forthwith.</p><p> With consent of the parties, the petition is taken up for final disposal at admission stage.</p><p> 2. The petitioner claims to be belonging to Bhavsar Kshetriya caste which is included in Other Backward Class category. The petitioner is serving as Conductor in Maharashtra State Road Transport Corporation. The school record of the petitioner records caste as 'Hindu Maratha'. According to the petitioner, while securing admission in school, his father has erroneously recorded the entry as 'Hindu Maratha'. He further contends that old record pertaining to his father, uncle and other near relatives show that they belong to 'Bhavsar Kehstriya caste'. The petitioner has also been issued caste certificate by the competent authority. The son of the petitioner has also been issued caste certificate by the competent authority certifying that he belongs to 'Bhavsar Kshetriya caste' and his caste claim has been validated by the competent Committee. The petitioner, therefore, tendered application to school where he was studying for onward transmission to the Education Officer (Primary), Zilla Parishad, Osmanabad for issuing directions for affecting necessary corrections. The school authority forwarded the application with favourable recommendation to the Education Officer. The Education Officer (Primary) by his order dated 1st November, 2011 was pleased to reject the application recording that since the petitioner has left the school, the application is not maintainable.</p><p> 3. The petitioner tendered appeal to the Deputy Director of Education, Latur Division, Latur,which was heard and disposed of by Deputy Director of Education, Latur Division, Latur on 30th January, 2012 and appeal came to be dismissed. The appellate authority has recorded in the order that rule 26.4, Appendix-Six of the Secondary Schools Code-2006 does not permit to make correction in the entries in respect of caste in the school record after pupil has left the school. According to the petitioner, reasons recorded by both the authorities for turning down his claim are erroneous and against the provisions of Secondary Schools Code, 2006. Rule 26.4 of the Secondary Schools Code, 2006 prescribe that application for change or correction of date of birth, name, surname, caste etc., as entered in the General Register shall be entertained from or on behalf of a pupil who is attending a school. It further provide that such application shall not be entertained from or on behalf of a pupil, who has left the school, as the same amounts not only to a change in the entries in the General Register but also to a change in the School Leaving Certificate. It has been further prescribed that, however, for the purposes like an admission to another educational institution the School Leaving certificate is relied upon as an evidence for name, surname, caste, date of birth etc., and in bonafide cases where wrong spelling of a word or an obvious mistake of the type mentioned in sub-rule 3 above is noticed any time after issue of the School Leaving Certificate and the same is required to be corrected so as to be consistent with the corresponding entries in the General Register of the school or those in the School Leaving Certificate issued by the previous school, such applications shall be entertained. The procedure to be followed in such cases is laid down in Appendix Six.</p><p> 4. Rule 26.4 of the Secondary Schools Code, 2006 has been interpreted by the Division Bench of this Court in the matter of Shaikh Shafi Ahmed Khadarsab vs. The State of Maharashtra and others in Writ Petition No. 1138 of 2009 decided on 13<sup>th</sup> March, 2012. In paragraph-11 of the judgment cited supra, the Division Bench of this Court has observed thus:</p><p> "11. For all these reasons, we hold that the instructions contained in para 26.4 of the S.S.Code that an application for change of an entry in the General Register of a school shall be entertained only on behalf of the pupil who is attending the school meaning thereby that it shall not be entertained on behalf of the pupil who has left the school, are directory and not mandatory. In our view, such an application can be entertained even after the pupil has left the school, provided the application is bona-fide and the pupil is able to satisfy that the original entry in the General Register of the school is erroneous. The application can be rejected if the entry is not shown to be erroneous and wrong. It, however, cannot be rejected without it being considered on merits, only on the technical ground that the application has been made after the pupil has left the school."</p><p> 5. Appendix Six of the Secondary Schools Code, 2006 lays down the procedure in respect of making correction and change in names, surnames, caste/sub-caste, date of birth etc., Paragraph Nos.12 to 15 of Appendix Six reads thus:</p><p> "<strong>Change in Caste or Sub-Caste (in respect of B.C. pupils only):</strong></p><p> (12) For making changes in caste or sub-caste of Backward Class pupils the guardian of the pupil shall make an application in Form No. 3 accompanying these rules.</p><p> (13) Permission may be given to change the entries in the General Register of the school in respect of "caste" or "sub-caste" of Backward Class pupils in the following circumstances.</p><p> (i) due to wrong entries made initially;</p><p> (ii) due to change in religion;</p><p> (iii) if the caste previously treated as non-backward was subsequently declared by Government as Backward or vice-versa.</p><p> (iv) due to adoption;</p><p> (v) due to inter-caste or inter-religion marriage;</p><p> (14) For this purpose, the necessary certificates from the following authorities must accompany the application for change of caste or sub-caste:</p><p> <strong>(a) For Reasons</strong>, (i),(ii) and (iii) above:</p><p> In Greater Bombay (a) The Chief Presidency Magistrate or the Presidency Magistrate authorised by him;</p><p> Or</p><p> (b) Justice of Peace; or (Deleted)</p><p> (c) Social, Welfare Officer, Greater Bombay, Bombay.</p><p> In other areas (d) The District Magistrates or Executive Magistrates authorized by them;</p><p> or</p><p> (e) Honorary Magistrates; or (Deleted)</p><p> (f) The Social Welfare Officer of the district concerned.</p><p> (<strong>b) Due to adoption </strong>:</p><p> The original adoption-deed or a certified copy of that deed or a certificate from stipendiary Magistrate showing the change in name (if any) and the caste or sub-caste changed as a result of adoption should accompany the application for change in caste or sub-caste.</p><p> <strong>(c) Due to inter-caste or inter-religion marriage </strong>:</p><p> A declaration by the parent or guardian attested by two witnesses and the student himself/herself or certified copy of the certificate of registration of marriage should accompany the application for change in caste or sub-caste along with the certificate from the concerned competent authority mentioned in (a) above showing that the caste or sub-caste has changed as a result of the marriage.</p><p> <strong>(d) Due to any other reason </strong>:</p><p> An affidavit made before a stipendiary Magistrate by the parent or guardian should accompany the application for change in caste of sub-caste.</p><p> <strong>N.B</strong>.: The term "Backward Class" means and includes the following categories.</p><table><tbody><tr><td>1<td>Scheduled castes and Schedule Caste converts to Buddhism.<td>As per Scheduled Castes and Scheduled Tribes Lists Modification Order, 1956, as adopted for Maharashtra State.</tr><tr><td>2<td>Scheduled Tribes including those outside specified areas.<td>Vide Part VII-A of the Seventh and Eighth Schedule of the Bombay Reorganisation Act, 1960 and orders issued by Government in this behalf from time to time.</tr><tr><td>3<td>DenotifiedTribes and Nomadic Tribes.<td>As per Government Resolution, Education and Social Welfare Deptt. No. CBC. 1361-M, dated 21<sup>st</sup> November 1961 and Government from time to time.</tr><tr><td>4<td>Other Classes.<td>Backward Castes which have been declared as belonging to the other Backward Classes by Government from time to time.</tr></tbody></table><strong>General</strong>:-<p> (Please also see Annexure 36).</p><p> 15. An appeal against the decision of the Educational Inspector, Greater Bombay or as the case may be, the Education Officer, Zilla Parishad concerned, who has not sanctioned the change shall be submitted to the Deputy Director concerned within 30 days of the receipt of the order."</p><p> 6. On fulfillment of requirements laid down under Appendix Six, the application tendered for effecting change in the entries recorded in school record can be entertained. Respondents were therefore not justified in turning down the application tendered by the petitioner on the ground that the entries recorded in the school record cannot be corrected after pupil has left school. The petition, therefore, deserves to be allowed and Education Officer (Primary), Zilla Parishad, Osmanabad is required to be directed to consider the application tendered by the petitioner to the school authorities and which has been forwarded to the Education Officer (Primary), Zilla Parishad, Osmanabad, in accordance with provisions of Secondary Schools Code, 2006. The orders passed by respondent Nos. 2 and 3 impugned in this petition, are quashed and set aside and the matter is remitted back to the Education Officer (Primary), Zilla Parishad, Osmanabad for reconsideration. The Education Officer (Primary), Zilla Parishad, Osmanabad shall proceed to take decision on the application in accordance with provisions of Secondary Schools Code, 2006 and the observations made in this judgment. The petitioner shall cause appearance before the Education Officer (Primary), Zilla Parishad, Osmanabad on 29th October, 2012 and as such, no separate notice requiring petitioner's appearance before respondent No. 3 shall be essential. Respondent No. 3 shall decide the application, as expeditiously as possible, preferably within eight (8) weeks from date of appearance of petitioner before him. Rule is accordingly made absolute. No order as to costs.</p><p> 7. Pending civil application, if any, does not survive, same stands disposed of.</p>',
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	(int) 1 => '<p> With consent of the parties, the petition is taken up for final disposal at admission stage.',
	(int) 2 => '<p> 2. The petitioner claims to be belonging to Bhavsar Kshetriya caste which is included in Other Backward Class category. The petitioner is serving as Conductor in Maharashtra State Road Transport Corporation. The school record of the petitioner records caste as 'Hindu Maratha'. According to the petitioner, while securing admission in school, his father has erroneously recorded the entry as 'Hindu Maratha'. He further contends that old record pertaining to his father, uncle and other near relatives show that they belong to 'Bhavsar Kehstriya caste'. The petitioner has also been issued caste certificate by the competent authority. The son of the petitioner has also been issued caste certificate by the competent authority certifying that he belongs to 'Bhavsar Kshetriya caste' and his caste claim has been validated by the competent Committee. The petitioner, therefore, tendered application to school where he was studying for onward transmission to the Education Officer (Primary), Zilla Parishad, Osmanabad for issuing directions for affecting necessary corrections. The school authority forwarded the application with favourable recommendation to the Education Officer. The Education Officer (Primary) by his order dated 1st November, 2011 was pleased to reject the application recording that since the petitioner has left the school, the application is not maintainable.',
	(int) 3 => '<p> 3. The petitioner tendered appeal to the Deputy Director of Education, Latur Division, Latur,which was heard and disposed of by Deputy Director of Education, Latur Division, Latur on 30th January, 2012 and appeal came to be dismissed. The appellate authority has recorded in the order that rule 26.4, Appendix-Six of the Secondary Schools Code-2006 does not permit to make correction in the entries in respect of caste in the school record after pupil has left the school. According to the petitioner, reasons recorded by both the authorities for turning down his claim are erroneous and against the provisions of Secondary Schools Code, 2006. Rule 26.4 of the Secondary Schools Code, 2006 prescribe that application for change or correction of date of birth, name, surname, caste etc., as entered in the General Register shall be entertained from or on behalf of a pupil who is attending a school. It further provide that such application shall not be entertained from or on behalf of a pupil, who has left the school, as the same amounts not only to a change in the entries in the General Register but also to a change in the School Leaving Certificate. It has been further prescribed that, however, for the purposes like an admission to another educational institution the School Leaving certificate is relied upon as an evidence for name, surname, caste, date of birth etc., and in bonafide cases where wrong spelling of a word or an obvious mistake of the type mentioned in sub-rule 3 above is noticed any time after issue of the School Leaving Certificate and the same is required to be corrected so as to be consistent with the corresponding entries in the General Register of the school or those in the School Leaving Certificate issued by the previous school, such applications shall be entertained. The procedure to be followed in such cases is laid down in Appendix Six.',
	(int) 4 => '<p> 4. Rule 26.4 of the Secondary Schools Code, 2006 has been interpreted by the Division Bench of this Court in the matter of Shaikh Shafi Ahmed Khadarsab vs. The State of Maharashtra and others in Writ Petition No. 1138 of 2009 decided on 13<sup>th</sup> March, 2012. In paragraph-11 of the judgment cited supra, the Division Bench of this Court has observed thus:',
	(int) 5 => '<p> "11. For all these reasons, we hold that the instructions contained in para 26.4 of the S.S.Code that an application for change of an entry in the General Register of a school shall be entertained only on behalf of the pupil who is attending the school meaning thereby that it shall not be entertained on behalf of the pupil who has left the school, are directory and not mandatory. In our view, such an application can be entertained even after the pupil has left the school, provided the application is bona-fide and the pupil is able to satisfy that the original entry in the General Register of the school is erroneous. The application can be rejected if the entry is not shown to be erroneous and wrong. It, however, cannot be rejected without it being considered on merits, only on the technical ground that the application has been made after the pupil has left the school."',
	(int) 6 => '<p> 5. Appendix Six of the Secondary Schools Code, 2006 lays down the procedure in respect of making correction and change in names, surnames, caste/sub-caste, date of birth etc., Paragraph Nos.12 to 15 of Appendix Six reads thus:',
	(int) 7 => '<p> "<strong>Change in Caste or Sub-Caste (in respect of B.C. pupils only):</strong>',
	(int) 8 => '<p> (12) For making changes in caste or sub-caste of Backward Class pupils the guardian of the pupil shall make an application in Form No. 3 accompanying these rules.',
	(int) 9 => '<p> (13) Permission may be given to change the entries in the General Register of the school in respect of "caste" or "sub-caste" of Backward Class pupils in the following circumstances.',
	(int) 10 => '<p> (i) due to wrong entries made initially;',
	(int) 11 => '<p> (ii) due to change in religion;',
	(int) 12 => '<p> (iii) if the caste previously treated as non-backward was subsequently declared by Government as Backward or vice-versa.',
	(int) 13 => '<p> (iv) due to adoption;',
	(int) 14 => '<p> (v) due to inter-caste or inter-religion marriage;',
	(int) 15 => '<p> (14) For this purpose, the necessary certificates from the following authorities must accompany the application for change of caste or sub-caste:',
	(int) 16 => '<p> <strong>(a) For Reasons</strong>, (i),(ii) and (iii) above:',
	(int) 17 => '<p> In Greater Bombay (a) The Chief Presidency Magistrate or the Presidency Magistrate authorised by him;',
	(int) 18 => '<p> Or',
	(int) 19 => '<p> (b) Justice of Peace; or (Deleted)',
	(int) 20 => '<p> (c) Social, Welfare Officer, Greater Bombay, Bombay.',
	(int) 21 => '<p> In other areas (d) The District Magistrates or Executive Magistrates authorized by them;',
	(int) 22 => '<p> or',
	(int) 23 => '<p> (e) Honorary Magistrates; or (Deleted)',
	(int) 24 => '<p> (f) The Social Welfare Officer of the district concerned.',
	(int) 25 => '<p> (<strong>b) Due to adoption </strong>:',
	(int) 26 => '<p> The original adoption-deed or a certified copy of that deed or a certificate from stipendiary Magistrate showing the change in name (if any) and the caste or sub-caste changed as a result of adoption should accompany the application for change in caste or sub-caste.',
	(int) 27 => '<p> <strong>(c) Due to inter-caste or inter-religion marriage </strong>:',
	(int) 28 => '<p> A declaration by the parent or guardian attested by two witnesses and the student himself/herself or certified copy of the certificate of registration of marriage should accompany the application for change in caste or sub-caste along with the certificate from the concerned competent authority mentioned in (a) above showing that the caste or sub-caste has changed as a result of the marriage.',
	(int) 29 => '<p> <strong>(d) Due to any other reason </strong>:',
	(int) 30 => '<p> An affidavit made before a stipendiary Magistrate by the parent or guardian should accompany the application for change in caste of sub-caste.',
	(int) 31 => '<p> <strong>N.B</strong>.: The term "Backward Class" means and includes the following categories.',
	(int) 32 => '<table><tbody><tr><td>1<td>Scheduled castes and Schedule Caste converts to Buddhism.<td>As per Scheduled Castes and Scheduled Tribes Lists Modification Order, 1956, as adopted for Maharashtra State.</tr><tr><td>2<td>Scheduled Tribes including those outside specified areas.<td>Vide Part VII-A of the Seventh and Eighth Schedule of the Bombay Reorganisation Act, 1960 and orders issued by Government in this behalf from time to time.</tr><tr><td>3<td>DenotifiedTribes and Nomadic Tribes.<td>As per Government Resolution, Education and Social Welfare Deptt. No. CBC. 1361-M, dated 21<sup>st</sup> November 1961 and Government from time to time.</tr><tr><td>4<td>Other Classes.<td>Backward Castes which have been declared as belonging to the other Backward Classes by Government from time to time.</tr></tbody></table><strong>General</strong>:-<p> (Please also see Annexure 36).',
	(int) 33 => '<p> 15. An appeal against the decision of the Educational Inspector, Greater Bombay or as the case may be, the Education Officer, Zilla Parishad concerned, who has not sanctioned the change shall be submitted to the Deputy Director concerned within 30 days of the receipt of the order."',
	(int) 34 => '<p> 6. On fulfillment of requirements laid down under Appendix Six, the application tendered for effecting change in the entries recorded in school record can be entertained. Respondents were therefore not justified in turning down the application tendered by the petitioner on the ground that the entries recorded in the school record cannot be corrected after pupil has left school. The petition, therefore, deserves to be allowed and Education Officer (Primary), Zilla Parishad, Osmanabad is required to be directed to consider the application tendered by the petitioner to the school authorities and which has been forwarded to the Education Officer (Primary), Zilla Parishad, Osmanabad, in accordance with provisions of Secondary Schools Code, 2006. The orders passed by respondent Nos. 2 and 3 impugned in this petition, are quashed and set aside and the matter is remitted back to the Education Officer (Primary), Zilla Parishad, Osmanabad for reconsideration. The Education Officer (Primary), Zilla Parishad, Osmanabad shall proceed to take decision on the application in accordance with provisions of Secondary Schools Code, 2006 and the observations made in this judgment. The petitioner shall cause appearance before the Education Officer (Primary), Zilla Parishad, Osmanabad on 29th October, 2012 and as such, no separate notice requiring petitioner's appearance before respondent No. 3 shall be essential. Respondent No. 3 shall decide the application, as expeditiously as possible, preferably within eight (8) weeks from date of appearance of petitioner before him. Rule is accordingly made absolute. No order as to costs.',
	(int) 35 => '<p> 7. Pending civil application, if any, does not survive, same stands disposed of.',
	(int) 36 => ''
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4. Rule 26.4 of the Secondary Schools Code, 2006 has been interpreted by the Division Bench of this Court in the matter of Shaikh Shafi Ahmed Khadarsab vs. The State of Maharashtra and others in Writ Petition No. 1138 of 2009 decided on 13^th March, 2012. In paragraph-11 of the judgment cited supra, the Division Bench of this Court has observed thus:

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			'court' => 'Mumbai Aurangabad',
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			'judge' => 'R.M. BORDE & S.S. SHINDE',
			'judgement' => '<p style="text-align: justify;"><strong>Oral Judgment : [ R.M. Borde, J.]</strong><p style="text-align: justify;"> Rule. Rule made returnable forthwith.</p><p style="text-align: justify;"> With consent of the parties, the petition is taken up for final disposal at admission stage.</p><p style="text-align: justify;"> 2. The petitioner claims to be belonging to Bhavsar Kshetriya caste which is included in Other Backward Class category. The petitioner is serving as Conductor in Maharashtra State Road Transport Corporation. The school record of the petitioner records caste as 'Hindu Maratha'. According to the petitioner, while securing admission in school, his father has erroneously recorded the entry as 'Hindu Maratha'. He further contends that old record pertaining to his father, uncle and other near relatives show that they belong to 'Bhavsar Kehstriya caste'. The petitioner has also been issued caste certificate by the competent authority. The son of the petitioner has also been issued caste certificate by the competent authority certifying that he belongs to 'Bhavsar Kshetriya caste' and his caste claim has been validated by the competent Committee. The petitioner, therefore, tendered application to school where he was studying for onward transmission to the Education Officer (Primary), Zilla Parishad, Osmanabad for issuing directions for affecting necessary corrections. The school authority forwarded the application with favourable recommendation to the Education Officer. The Education Officer (Primary) by his order dated 1st November, 2011 was pleased to reject the application recording that since the petitioner has left the school, the application is not maintainable.</p><p style="text-align: justify;"> 3. The petitioner tendered appeal to the Deputy Director of Education, Latur Division, Latur,which was heard and disposed of by Deputy Director of Education, Latur Division, Latur on 30th January, 2012 and appeal came to be dismissed. The appellate authority has recorded in the order that rule 26.4, Appendix-Six of the Secondary Schools Code-2006 does not permit to make correction in the entries in respect of caste in the school record after pupil has left the school. According to the petitioner, reasons recorded by both the authorities for turning down his claim are erroneous and against the provisions of Secondary Schools Code, 2006. Rule 26.4 of the Secondary Schools Code, 2006 prescribe that application for change or correction of date of birth, name, surname, caste etc., as entered in the General Register shall be entertained from or on behalf of a pupil who is attending a school. It further provide that such application shall not be entertained from or on behalf of a pupil, who has left the school, as the same amounts not only to a change in the entries in the General Register but also to a change in the School Leaving Certificate. It has been further prescribed that, however, for the purposes like an admission to another educational institution the School Leaving certificate is relied upon as an evidence for name, surname, caste, date of birth etc., and in bonafide cases where wrong spelling of a word or an obvious mistake of the type mentioned in sub-rule 3 above is noticed any time after issue of the School Leaving Certificate and the same is required to be corrected so as to be consistent with the corresponding entries in the General Register of the school or those in the School Leaving Certificate issued by the previous school, such applications shall be entertained. The procedure to be followed in such cases is laid down in Appendix Six.</p><p style="text-align: justify;"> 4. Rule 26.4 of the Secondary Schools Code, 2006 has been interpreted by the Division Bench of this Court in the matter of Shaikh Shafi Ahmed Khadarsab vs. The State of Maharashtra and others in Writ Petition No. 1138 of 2009 decided on 13<sup>th</sup> March, 2012. In paragraph-11 of the judgment cited supra, the Division Bench of this Court has observed thus:</p><p style="text-align: justify;"> "11. For all these reasons, we hold that the instructions contained in para 26.4 of the S.S.Code that an application for change of an entry in the General Register of a school shall be entertained only on behalf of the pupil who is attending the school meaning thereby that it shall not be entertained on behalf of the pupil who has left the school, are directory and not mandatory. In our view, such an application can be entertained even after the pupil has left the school, provided the application is bona-fide and the pupil is able to satisfy that the original entry in the General Register of the school is erroneous. The application can be rejected if the entry is not shown to be erroneous and wrong. It, however, cannot be rejected without it being considered on merits, only on the technical ground that the application has been made after the pupil has left the school."</p><p style="text-align: justify;"> 5. Appendix Six of the Secondary Schools Code, 2006 lays down the procedure in respect of making correction and change in names, surnames, caste/sub-caste, date of birth etc., Paragraph Nos.12 to 15 of Appendix Six reads thus:</p><p style="text-align: justify;"> "<strong>Change in Caste or Sub-Caste (in respect of B.C. pupils only):</strong></p><p style="text-align: justify;"> (12) For making changes in caste or sub-caste of Backward Class pupils the guardian of the pupil shall make an application in Form No. 3 accompanying these rules.</p><p style="text-align: justify;"> (13) Permission may be given to change the entries in the General Register of the school in respect of "caste" or "sub-caste" of Backward Class pupils in the following circumstances.</p><p style="text-align: justify;"> (i) due to wrong entries made initially;</p><p style="text-align: justify;"> (ii) due to change in religion;</p><p style="text-align: justify;"> (iii) if the caste previously treated as non-backward was subsequently declared by Government as Backward or vice-versa.</p><p style="text-align: justify;"> (iv) due to adoption;</p><p style="text-align: justify;"> (v) due to inter-caste or inter-religion marriage;</p><p style="text-align: justify;"> (14) For this purpose, the necessary certificates from the following authorities must accompany the application for change of caste or sub-caste:</p><p style="text-align: justify;"> <strong>(a) For Reasons</strong>, (i),(ii) and (iii) above:</p><p style="text-align: justify;"> In Greater Bombay (a) The Chief Presidency Magistrate or the Presidency Magistrate authorised by him;</p><p style="text-align: justify;"> Or</p><p style="text-align: justify;"> (b) Justice of Peace; or (Deleted)</p><p style="text-align: justify;"> (c) Social, Welfare Officer, Greater Bombay, Bombay.</p><p style="text-align: justify;"> In other areas (d) The District Magistrates or Executive Magistrates authorized by them;</p><p style="text-align: justify;"> or</p><p style="text-align: justify;"> (e) Honorary Magistrates; or (Deleted)</p><p style="text-align: justify;"> (f) The Social Welfare Officer of the district concerned.</p><p style="text-align: justify;"> (<strong>b) Due to adoption </strong>:</p><p style="text-align: justify;"> The original adoption-deed or a certified copy of that deed or a certificate from stipendiary Magistrate showing the change in name (if any) and the caste or sub-caste changed as a result of adoption should accompany the application for change in caste or sub-caste.</p><p style="text-align: justify;"> <strong>(c) Due to inter-caste or inter-religion marriage </strong>:</p><p style="text-align: justify;"> A declaration by the parent or guardian attested by two witnesses and the student himself/herself or certified copy of the certificate of registration of marriage should accompany the application for change in caste or sub-caste along with the certificate from the concerned competent authority mentioned in (a) above showing that the caste or sub-caste has changed as a result of the marriage.</p><p style="text-align: justify;"> <strong>(d) Due to any other reason </strong>:</p><p style="text-align: justify;"> An affidavit made before a stipendiary Magistrate by the parent or guardian should accompany the application for change in caste of sub-caste.</p><p style="text-align: justify;"> <strong>N.B</strong>.: The term "Backward Class" means and includes the following categories.</p><table border="1" cellpadding="0" cellspacing="0"><tbody><tr><td style="width: 43px">1<td style="width: 251px">Scheduled castes and Schedule Caste converts to Buddhism.<td style="width: 282px">As per Scheduled Castes and Scheduled Tribes Lists Modification Order, 1956, as adopted for Maharashtra State.</tr><tr><td style="width: 43px">2<td style="width: 251px">Scheduled Tribes including those outside specified areas.<td style="width: 282px">Vide Part VII-A of the Seventh and Eighth Schedule of the Bombay Reorganisation Act, 1960 and orders issued by Government in this behalf from time to time.</tr><tr><td style="width: 43px">3<td style="width: 251px">DenotifiedTribes and Nomadic Tribes.<td style="width: 282px">As per Government Resolution, Education and Social Welfare Deptt. No. CBC. 1361-M, dated 21<sup>st</sup> November 1961 and Government from time to time.</tr><tr><td style="width: 43px">4<td style="width: 251px">Other Classes.<td style="width: 282px">Backward Castes which have been declared as belonging to the other Backward Classes by Government from time to time.</tr></tbody></table><strong>General</strong>:-<p style="text-align: justify;"> (Please also see Annexure 36).</p><p style="text-align: justify;"> 15. An appeal against the decision of the Educational Inspector, Greater Bombay or as the case may be, the Education Officer, Zilla Parishad concerned, who has not sanctioned the change shall be submitted to the Deputy Director concerned within 30 days of the receipt of the order."</p><p style="text-align: justify;"> 6. On fulfillment of requirements laid down under Appendix Six, the application tendered for effecting change in the entries recorded in school record can be entertained. Respondents were therefore not justified in turning down the application tendered by the petitioner on the ground that the entries recorded in the school record cannot be corrected after pupil has left school. The petition, therefore, deserves to be allowed and Education Officer (Primary), Zilla Parishad, Osmanabad is required to be directed to consider the application tendered by the petitioner to the school authorities and which has been forwarded to the Education Officer (Primary), Zilla Parishad, Osmanabad, in accordance with provisions of Secondary Schools Code, 2006. The orders passed by respondent Nos. 2 and 3 impugned in this petition, are quashed and set aside and the matter is remitted back to the Education Officer (Primary), Zilla Parishad, Osmanabad for reconsideration. The Education Officer (Primary), Zilla Parishad, Osmanabad shall proceed to take decision on the application in accordance with provisions of Secondary Schools Code, 2006 and the observations made in this judgment. The petitioner shall cause appearance before the Education Officer (Primary), Zilla Parishad, Osmanabad on 29th October, 2012 and as such, no separate notice requiring petitioner's appearance before respondent No. 3 shall be essential. Respondent No. 3 shall decide the application, as expeditiously as possible, preferably within eight (8) weeks from date of appearance of petitioner before him. Rule is accordingly made absolute. No order as to costs.</p><p style="text-align: justify;"> 7. Pending civil application, if any, does not survive, same stands disposed of.</p>',
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$title_for_layout = 'Vilas S O Dattatraya Ransubhe Vs the State of Maharashtra Through the Secretary School Education and Sports Department and Others - Citation 1105404 - Court Judgment | '
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		'appealno' => 'Writ Petition No.3266 of 2012 ',
		'appellant' => 'Vilas S/O Dattatraya Ransubhe',
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		'casename' => 'Vilas S/O Dattatraya Ransubhe Vs. the State of Maharashtra, Through the Secretary, School Education and Sports Department and Others',
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		'court' => 'Mumbai Aurangabad',
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		'decidedon' => '2012-10-08',
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		'judge' => 'R.M. BORDE &amp; S.S. SHINDE',
		'judgement' => '<p><strong>Oral Judgment : [ R.M. Borde, J.]</strong><p> Rule. Rule made returnable forthwith.</p><p> With consent of the parties, the petition is taken up for final disposal at admission stage.</p><p> 2. The petitioner claims to be belonging to Bhavsar Kshetriya caste which is included in Other Backward Class category. The petitioner is serving as Conductor in Maharashtra State Road Transport Corporation. The school record of the petitioner records caste as 'Hindu Maratha'. According to the petitioner, while securing admission in school, his father has erroneously recorded the entry as 'Hindu Maratha'. He further contends that old record pertaining to his father, uncle and other near relatives show that they belong to 'Bhavsar Kehstriya caste'. The petitioner has also been issued caste certificate by the competent authority. The son of the petitioner has also been issued caste certificate by the competent authority certifying that he belongs to 'Bhavsar Kshetriya caste' and his caste claim has been validated by the competent Committee. The petitioner, therefore, tendered application to school where he was studying for onward transmission to the Education Officer (Primary), Zilla Parishad, Osmanabad for issuing directions for affecting necessary corrections. The school authority forwarded the application with favourable recommendation to the Education Officer. The Education Officer (Primary) by his order dated 1st November, 2011 was pleased to reject the application recording that since the petitioner has left the school, the application is not maintainable.</p><p> 3. The petitioner tendered appeal to the Deputy Director of Education, Latur Division, Latur,which was heard and disposed of by Deputy Director of Education, Latur Division, Latur on 30th January, 2012 and appeal came to be dismissed. The appellate authority has recorded in the order that rule 26.4, Appendix-Six of the Secondary Schools Code-2006 does not permit to make correction in the entries in respect of caste in the school record after pupil has left the school. According to the petitioner, reasons recorded by both the authorities for turning down his claim are erroneous and against the provisions of Secondary Schools Code, 2006. Rule 26.4 of the Secondary Schools Code, 2006 prescribe that application for change or correction of date of birth, name, surname, caste etc., as entered in the General Register shall be entertained from or on behalf of a pupil who is attending a school. It further provide that such application shall not be entertained from or on behalf of a pupil, who has left the school, as the same amounts not only to a change in the entries in the General Register but also to a change in the School Leaving Certificate. It has been further prescribed that, however, for the purposes like an admission to another educational institution the School Leaving certificate is relied upon as an evidence for name, surname, caste, date of birth etc., and in bonafide cases where wrong spelling of a word or an obvious mistake of the type mentioned in sub-rule 3 above is noticed any time after issue of the School Leaving Certificate and the same is required to be corrected so as to be consistent with the corresponding entries in the General Register of the school or those in the School Leaving Certificate issued by the previous school, such applications shall be entertained. The procedure to be followed in such cases is laid down in Appendix Six.</p><p> 4. Rule 26.4 of the Secondary Schools Code, 2006 has been interpreted by the Division Bench of this Court in the matter of Shaikh Shafi Ahmed Khadarsab vs. The State of Maharashtra and others in Writ Petition No. 1138 of 2009 decided on 13<sup>th</sup> March, 2012. In paragraph-11 of the judgment cited supra, the Division Bench of this Court has observed thus:</p><p> "11. For all these reasons, we hold that the instructions contained in para 26.4 of the S.S.Code that an application for change of an entry in the General Register of a school shall be entertained only on behalf of the pupil who is attending the school meaning thereby that it shall not be entertained on behalf of the pupil who has left the school, are directory and not mandatory. In our view, such an application can be entertained even after the pupil has left the school, provided the application is bona-fide and the pupil is able to satisfy that the original entry in the General Register of the school is erroneous. The application can be rejected if the entry is not shown to be erroneous and wrong. It, however, cannot be rejected without it being considered on merits, only on the technical ground that the application has been made after the pupil has left the school."</p><p> 5. Appendix Six of the Secondary Schools Code, 2006 lays down the procedure in respect of making correction and change in names, surnames, caste/sub-caste, date of birth etc., Paragraph Nos.12 to 15 of Appendix Six reads thus:</p><p> "<strong>Change in Caste or Sub-Caste (in respect of B.C. pupils only):</strong></p><p> (12) For making changes in caste or sub-caste of Backward Class pupils the guardian of the pupil shall make an application in Form No. 3 accompanying these rules.</p><p> (13) Permission may be given to change the entries in the General Register of the school in respect of "caste" or "sub-caste" of Backward Class pupils in the following circumstances.</p><p> (i) due to wrong entries made initially;</p><p> (ii) due to change in religion;</p><p> (iii) if the caste previously treated as non-backward was subsequently declared by Government as Backward or vice-versa.</p><p> (iv) due to adoption;</p><p> (v) due to inter-caste or inter-religion marriage;</p><p> (14) For this purpose, the necessary certificates from the following authorities must accompany the application for change of caste or sub-caste:</p><p> <strong>(a) For Reasons</strong>, (i),(ii) and (iii) above:</p><p> In Greater Bombay (a) The Chief Presidency Magistrate or the Presidency Magistrate authorised by him;</p><p> Or</p><p> (b) Justice of Peace; or (Deleted)</p><p> (c) Social, Welfare Officer, Greater Bombay, Bombay.</p><p> In other areas (d) The District Magistrates or Executive Magistrates authorized by them;</p><p> or</p><p> (e) Honorary Magistrates; or (Deleted)</p><p> (f) The Social Welfare Officer of the district concerned.</p><p> (<strong>b) Due to adoption </strong>:</p><p> The original adoption-deed or a certified copy of that deed or a certificate from stipendiary Magistrate showing the change in name (if any) and the caste or sub-caste changed as a result of adoption should accompany the application for change in caste or sub-caste.</p><p> <strong>(c) Due to inter-caste or inter-religion marriage </strong>:</p><p> A declaration by the parent or guardian attested by two witnesses and the student himself/herself or certified copy of the certificate of registration of marriage should accompany the application for change in caste or sub-caste along with the certificate from the concerned competent authority mentioned in (a) above showing that the caste or sub-caste has changed as a result of the marriage.</p><p> <strong>(d) Due to any other reason </strong>:</p><p> An affidavit made before a stipendiary Magistrate by the parent or guardian should accompany the application for change in caste of sub-caste.</p><p> <strong>N.B</strong>.: The term "Backward Class" means and includes the following categories.</p><table><tbody><tr><td>1<td>Scheduled castes and Schedule Caste converts to Buddhism.<td>As per Scheduled Castes and Scheduled Tribes Lists Modification Order, 1956, as adopted for Maharashtra State.</tr><tr><td>2<td>Scheduled Tribes including those outside specified areas.<td>Vide Part VII-A of the Seventh and Eighth Schedule of the Bombay Reorganisation Act, 1960 and orders issued by Government in this behalf from time to time.</tr><tr><td>3<td>DenotifiedTribes and Nomadic Tribes.<td>As per Government Resolution, Education and Social Welfare Deptt. No. CBC. 1361-M, dated 21<sup>st</sup> November 1961 and Government from time to time.</tr><tr><td>4<td>Other Classes.<td>Backward Castes which have been declared as belonging to the other Backward Classes by Government from time to time.</tr></tbody></table><strong>General</strong>:-<p> (Please also see Annexure 36).</p><p> 15. An appeal against the decision of the Educational Inspector, Greater Bombay or as the case may be, the Education Officer, Zilla Parishad concerned, who has not sanctioned the change shall be submitted to the Deputy Director concerned within 30 days of the receipt of the order."</p><p> 6. On fulfillment of requirements laid down under Appendix Six, the application tendered for effecting change in the entries recorded in school record can be entertained. Respondents were therefore not justified in turning down the application tendered by the petitioner on the ground that the entries recorded in the school record cannot be corrected after pupil has left school. The petition, therefore, deserves to be allowed and Education Officer (Primary), Zilla Parishad, Osmanabad is required to be directed to consider the application tendered by the petitioner to the school authorities and which has been forwarded to the Education Officer (Primary), Zilla Parishad, Osmanabad, in accordance with provisions of Secondary Schools Code, 2006. The orders passed by respondent Nos. 2 and 3 impugned in this petition, are quashed and set aside and the matter is remitted back to the Education Officer (Primary), Zilla Parishad, Osmanabad for reconsideration. The Education Officer (Primary), Zilla Parishad, Osmanabad shall proceed to take decision on the application in accordance with provisions of Secondary Schools Code, 2006 and the observations made in this judgment. The petitioner shall cause appearance before the Education Officer (Primary), Zilla Parishad, Osmanabad on 29th October, 2012 and as such, no separate notice requiring petitioner's appearance before respondent No. 3 shall be essential. Respondent No. 3 shall decide the application, as expeditiously as possible, preferably within eight (8) weeks from date of appearance of petitioner before him. Rule is accordingly made absolute. No order as to costs.</p><p> 7. Pending civil application, if any, does not survive, same stands disposed of.</p>',
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	(int) 0 => '<p><strong>Oral Judgment : [ R.M. Borde, J.]</strong><p> Rule. Rule made returnable forthwith.',
	(int) 1 => '<p> With consent of the parties, the petition is taken up for final disposal at admission stage.',
	(int) 2 => '<p> 2. The petitioner claims to be belonging to Bhavsar Kshetriya caste which is included in Other Backward Class category. The petitioner is serving as Conductor in Maharashtra State Road Transport Corporation. The school record of the petitioner records caste as 'Hindu Maratha'. According to the petitioner, while securing admission in school, his father has erroneously recorded the entry as 'Hindu Maratha'. He further contends that old record pertaining to his father, uncle and other near relatives show that they belong to 'Bhavsar Kehstriya caste'. The petitioner has also been issued caste certificate by the competent authority. The son of the petitioner has also been issued caste certificate by the competent authority certifying that he belongs to 'Bhavsar Kshetriya caste' and his caste claim has been validated by the competent Committee. The petitioner, therefore, tendered application to school where he was studying for onward transmission to the Education Officer (Primary), Zilla Parishad, Osmanabad for issuing directions for affecting necessary corrections. The school authority forwarded the application with favourable recommendation to the Education Officer. The Education Officer (Primary) by his order dated 1st November, 2011 was pleased to reject the application recording that since the petitioner has left the school, the application is not maintainable.',
	(int) 3 => '<p> 3. The petitioner tendered appeal to the Deputy Director of Education, Latur Division, Latur,which was heard and disposed of by Deputy Director of Education, Latur Division, Latur on 30th January, 2012 and appeal came to be dismissed. The appellate authority has recorded in the order that rule 26.4, Appendix-Six of the Secondary Schools Code-2006 does not permit to make correction in the entries in respect of caste in the school record after pupil has left the school. According to the petitioner, reasons recorded by both the authorities for turning down his claim are erroneous and against the provisions of Secondary Schools Code, 2006. Rule 26.4 of the Secondary Schools Code, 2006 prescribe that application for change or correction of date of birth, name, surname, caste etc., as entered in the General Register shall be entertained from or on behalf of a pupil who is attending a school. It further provide that such application shall not be entertained from or on behalf of a pupil, who has left the school, as the same amounts not only to a change in the entries in the General Register but also to a change in the School Leaving Certificate. It has been further prescribed that, however, for the purposes like an admission to another educational institution the School Leaving certificate is relied upon as an evidence for name, surname, caste, date of birth etc., and in bonafide cases where wrong spelling of a word or an obvious mistake of the type mentioned in sub-rule 3 above is noticed any time after issue of the School Leaving Certificate and the same is required to be corrected so as to be consistent with the corresponding entries in the General Register of the school or those in the School Leaving Certificate issued by the previous school, such applications shall be entertained. The procedure to be followed in such cases is laid down in Appendix Six.',
	(int) 4 => '<p> 4. Rule 26.4 of the Secondary Schools Code, 2006 has been interpreted by the Division Bench of this Court in the matter of Shaikh Shafi Ahmed Khadarsab vs. The State of Maharashtra and others in Writ Petition No. 1138 of 2009 decided on 13<sup>th</sup> March, 2012. In paragraph-11 of the judgment cited supra, the Division Bench of this Court has observed thus:',
	(int) 5 => '<p> "11. For all these reasons, we hold that the instructions contained in para 26.4 of the S.S.Code that an application for change of an entry in the General Register of a school shall be entertained only on behalf of the pupil who is attending the school meaning thereby that it shall not be entertained on behalf of the pupil who has left the school, are directory and not mandatory. In our view, such an application can be entertained even after the pupil has left the school, provided the application is bona-fide and the pupil is able to satisfy that the original entry in the General Register of the school is erroneous. The application can be rejected if the entry is not shown to be erroneous and wrong. It, however, cannot be rejected without it being considered on merits, only on the technical ground that the application has been made after the pupil has left the school."',
	(int) 6 => '<p> 5. Appendix Six of the Secondary Schools Code, 2006 lays down the procedure in respect of making correction and change in names, surnames, caste/sub-caste, date of birth etc., Paragraph Nos.12 to 15 of Appendix Six reads thus:',
	(int) 7 => '<p> "<strong>Change in Caste or Sub-Caste (in respect of B.C. pupils only):</strong>',
	(int) 8 => '<p> (12) For making changes in caste or sub-caste of Backward Class pupils the guardian of the pupil shall make an application in Form No. 3 accompanying these rules.',
	(int) 9 => '<p> (13) Permission may be given to change the entries in the General Register of the school in respect of "caste" or "sub-caste" of Backward Class pupils in the following circumstances.',
	(int) 10 => '<p> (i) due to wrong entries made initially;',
	(int) 11 => '<p> (ii) due to change in religion;',
	(int) 12 => '<p> (iii) if the caste previously treated as non-backward was subsequently declared by Government as Backward or vice-versa.',
	(int) 13 => '<p> (iv) due to adoption;',
	(int) 14 => '<p> (v) due to inter-caste or inter-religion marriage;',
	(int) 15 => '<p> (14) For this purpose, the necessary certificates from the following authorities must accompany the application for change of caste or sub-caste:',
	(int) 16 => '<p> <strong>(a) For Reasons</strong>, (i),(ii) and (iii) above:',
	(int) 17 => '<p> In Greater Bombay (a) The Chief Presidency Magistrate or the Presidency Magistrate authorised by him;',
	(int) 18 => '<p> Or',
	(int) 19 => '<p> (b) Justice of Peace; or (Deleted)',
	(int) 20 => '<p> (c) Social, Welfare Officer, Greater Bombay, Bombay.',
	(int) 21 => '<p> In other areas (d) The District Magistrates or Executive Magistrates authorized by them;',
	(int) 22 => '<p> or',
	(int) 23 => '<p> (e) Honorary Magistrates; or (Deleted)',
	(int) 24 => '<p> (f) The Social Welfare Officer of the district concerned.',
	(int) 25 => '<p> (<strong>b) Due to adoption </strong>:',
	(int) 26 => '<p> The original adoption-deed or a certified copy of that deed or a certificate from stipendiary Magistrate showing the change in name (if any) and the caste or sub-caste changed as a result of adoption should accompany the application for change in caste or sub-caste.',
	(int) 27 => '<p> <strong>(c) Due to inter-caste or inter-religion marriage </strong>:',
	(int) 28 => '<p> A declaration by the parent or guardian attested by two witnesses and the student himself/herself or certified copy of the certificate of registration of marriage should accompany the application for change in caste or sub-caste along with the certificate from the concerned competent authority mentioned in (a) above showing that the caste or sub-caste has changed as a result of the marriage.',
	(int) 29 => '<p> <strong>(d) Due to any other reason </strong>:',
	(int) 30 => '<p> An affidavit made before a stipendiary Magistrate by the parent or guardian should accompany the application for change in caste of sub-caste.',
	(int) 31 => '<p> <strong>N.B</strong>.: The term "Backward Class" means and includes the following categories.',
	(int) 32 => '<table><tbody><tr><td>1<td>Scheduled castes and Schedule Caste converts to Buddhism.<td>As per Scheduled Castes and Scheduled Tribes Lists Modification Order, 1956, as adopted for Maharashtra State.</tr><tr><td>2<td>Scheduled Tribes including those outside specified areas.<td>Vide Part VII-A of the Seventh and Eighth Schedule of the Bombay Reorganisation Act, 1960 and orders issued by Government in this behalf from time to time.</tr><tr><td>3<td>DenotifiedTribes and Nomadic Tribes.<td>As per Government Resolution, Education and Social Welfare Deptt. No. CBC. 1361-M, dated 21<sup>st</sup> November 1961 and Government from time to time.</tr><tr><td>4<td>Other Classes.<td>Backward Castes which have been declared as belonging to the other Backward Classes by Government from time to time.</tr></tbody></table><strong>General</strong>:-<p> (Please also see Annexure 36).',
	(int) 33 => '<p> 15. An appeal against the decision of the Educational Inspector, Greater Bombay or as the case may be, the Education Officer, Zilla Parishad concerned, who has not sanctioned the change shall be submitted to the Deputy Director concerned within 30 days of the receipt of the order."',
	(int) 34 => '<p> 6. On fulfillment of requirements laid down under Appendix Six, the application tendered for effecting change in the entries recorded in school record can be entertained. Respondents were therefore not justified in turning down the application tendered by the petitioner on the ground that the entries recorded in the school record cannot be corrected after pupil has left school. The petition, therefore, deserves to be allowed and Education Officer (Primary), Zilla Parishad, Osmanabad is required to be directed to consider the application tendered by the petitioner to the school authorities and which has been forwarded to the Education Officer (Primary), Zilla Parishad, Osmanabad, in accordance with provisions of Secondary Schools Code, 2006. The orders passed by respondent Nos. 2 and 3 impugned in this petition, are quashed and set aside and the matter is remitted back to the Education Officer (Primary), Zilla Parishad, Osmanabad for reconsideration. The Education Officer (Primary), Zilla Parishad, Osmanabad shall proceed to take decision on the application in accordance with provisions of Secondary Schools Code, 2006 and the observations made in this judgment. The petitioner shall cause appearance before the Education Officer (Primary), Zilla Parishad, Osmanabad on 29th October, 2012 and as such, no separate notice requiring petitioner's appearance before respondent No. 3 shall be essential. Respondent No. 3 shall decide the application, as expeditiously as possible, preferably within eight (8) weeks from date of appearance of petitioner before him. Rule is accordingly made absolute. No order as to costs.',
	(int) 35 => '<p> 7. Pending civil application, if any, does not survive, same stands disposed of.',
	(int) 36 => ''
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"11. For all these reasons, we hold that the instructions contained in para 26.4 of the S.S.Code that an application for change of an entry in the General Register of a school shall be entertained only on behalf of the pupil who is attending the school meaning thereby that it shall not be entertained on behalf of the pupil who has left the school, are directory and not mandatory. In our view, such an application can be entertained even after the pupil has left the school, provided the application is bona-fide and the pupil is able to satisfy that the original entry in the General Register of the school is erroneous. The application can be rejected if the entry is not shown to be erroneous and wrong. It, however, cannot be rejected without it being considered on merits, only on the technical ground that the application has been made after the pupil has left the school."

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			'casename' => 'Vilas S/O Dattatraya Ransubhe Vs. the State of Maharashtra, Through the Secretary, School Education and Sports Department and Others',
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			'judgement' => '<p style="text-align: justify;"><strong>Oral Judgment : [ R.M. Borde, J.]</strong><p style="text-align: justify;"> Rule. Rule made returnable forthwith.</p><p style="text-align: justify;"> With consent of the parties, the petition is taken up for final disposal at admission stage.</p><p style="text-align: justify;"> 2. The petitioner claims to be belonging to Bhavsar Kshetriya caste which is included in Other Backward Class category. The petitioner is serving as Conductor in Maharashtra State Road Transport Corporation. The school record of the petitioner records caste as 'Hindu Maratha'. According to the petitioner, while securing admission in school, his father has erroneously recorded the entry as 'Hindu Maratha'. He further contends that old record pertaining to his father, uncle and other near relatives show that they belong to 'Bhavsar Kehstriya caste'. The petitioner has also been issued caste certificate by the competent authority. The son of the petitioner has also been issued caste certificate by the competent authority certifying that he belongs to 'Bhavsar Kshetriya caste' and his caste claim has been validated by the competent Committee. The petitioner, therefore, tendered application to school where he was studying for onward transmission to the Education Officer (Primary), Zilla Parishad, Osmanabad for issuing directions for affecting necessary corrections. The school authority forwarded the application with favourable recommendation to the Education Officer. The Education Officer (Primary) by his order dated 1st November, 2011 was pleased to reject the application recording that since the petitioner has left the school, the application is not maintainable.</p><p style="text-align: justify;"> 3. The petitioner tendered appeal to the Deputy Director of Education, Latur Division, Latur,which was heard and disposed of by Deputy Director of Education, Latur Division, Latur on 30th January, 2012 and appeal came to be dismissed. The appellate authority has recorded in the order that rule 26.4, Appendix-Six of the Secondary Schools Code-2006 does not permit to make correction in the entries in respect of caste in the school record after pupil has left the school. According to the petitioner, reasons recorded by both the authorities for turning down his claim are erroneous and against the provisions of Secondary Schools Code, 2006. Rule 26.4 of the Secondary Schools Code, 2006 prescribe that application for change or correction of date of birth, name, surname, caste etc., as entered in the General Register shall be entertained from or on behalf of a pupil who is attending a school. It further provide that such application shall not be entertained from or on behalf of a pupil, who has left the school, as the same amounts not only to a change in the entries in the General Register but also to a change in the School Leaving Certificate. It has been further prescribed that, however, for the purposes like an admission to another educational institution the School Leaving certificate is relied upon as an evidence for name, surname, caste, date of birth etc., and in bonafide cases where wrong spelling of a word or an obvious mistake of the type mentioned in sub-rule 3 above is noticed any time after issue of the School Leaving Certificate and the same is required to be corrected so as to be consistent with the corresponding entries in the General Register of the school or those in the School Leaving Certificate issued by the previous school, such applications shall be entertained. The procedure to be followed in such cases is laid down in Appendix Six.</p><p style="text-align: justify;"> 4. Rule 26.4 of the Secondary Schools Code, 2006 has been interpreted by the Division Bench of this Court in the matter of Shaikh Shafi Ahmed Khadarsab vs. The State of Maharashtra and others in Writ Petition No. 1138 of 2009 decided on 13<sup>th</sup> March, 2012. In paragraph-11 of the judgment cited supra, the Division Bench of this Court has observed thus:</p><p style="text-align: justify;"> "11. For all these reasons, we hold that the instructions contained in para 26.4 of the S.S.Code that an application for change of an entry in the General Register of a school shall be entertained only on behalf of the pupil who is attending the school meaning thereby that it shall not be entertained on behalf of the pupil who has left the school, are directory and not mandatory. In our view, such an application can be entertained even after the pupil has left the school, provided the application is bona-fide and the pupil is able to satisfy that the original entry in the General Register of the school is erroneous. The application can be rejected if the entry is not shown to be erroneous and wrong. It, however, cannot be rejected without it being considered on merits, only on the technical ground that the application has been made after the pupil has left the school."</p><p style="text-align: justify;"> 5. Appendix Six of the Secondary Schools Code, 2006 lays down the procedure in respect of making correction and change in names, surnames, caste/sub-caste, date of birth etc., Paragraph Nos.12 to 15 of Appendix Six reads thus:</p><p style="text-align: justify;"> "<strong>Change in Caste or Sub-Caste (in respect of B.C. pupils only):</strong></p><p style="text-align: justify;"> (12) For making changes in caste or sub-caste of Backward Class pupils the guardian of the pupil shall make an application in Form No. 3 accompanying these rules.</p><p style="text-align: justify;"> (13) Permission may be given to change the entries in the General Register of the school in respect of "caste" or "sub-caste" of Backward Class pupils in the following circumstances.</p><p style="text-align: justify;"> (i) due to wrong entries made initially;</p><p style="text-align: justify;"> (ii) due to change in religion;</p><p style="text-align: justify;"> (iii) if the caste previously treated as non-backward was subsequently declared by Government as Backward or vice-versa.</p><p style="text-align: justify;"> (iv) due to adoption;</p><p style="text-align: justify;"> (v) due to inter-caste or inter-religion marriage;</p><p style="text-align: justify;"> (14) For this purpose, the necessary certificates from the following authorities must accompany the application for change of caste or sub-caste:</p><p style="text-align: justify;"> <strong>(a) For Reasons</strong>, (i),(ii) and (iii) above:</p><p style="text-align: justify;"> In Greater Bombay (a) The Chief Presidency Magistrate or the Presidency Magistrate authorised by him;</p><p style="text-align: justify;"> Or</p><p style="text-align: justify;"> (b) Justice of Peace; or (Deleted)</p><p style="text-align: justify;"> (c) Social, Welfare Officer, Greater Bombay, Bombay.</p><p style="text-align: justify;"> In other areas (d) The District Magistrates or Executive Magistrates authorized by them;</p><p style="text-align: justify;"> or</p><p style="text-align: justify;"> (e) Honorary Magistrates; or (Deleted)</p><p style="text-align: justify;"> (f) The Social Welfare Officer of the district concerned.</p><p style="text-align: justify;"> (<strong>b) Due to adoption </strong>:</p><p style="text-align: justify;"> The original adoption-deed or a certified copy of that deed or a certificate from stipendiary Magistrate showing the change in name (if any) and the caste or sub-caste changed as a result of adoption should accompany the application for change in caste or sub-caste.</p><p style="text-align: justify;"> <strong>(c) Due to inter-caste or inter-religion marriage </strong>:</p><p style="text-align: justify;"> A declaration by the parent or guardian attested by two witnesses and the student himself/herself or certified copy of the certificate of registration of marriage should accompany the application for change in caste or sub-caste along with the certificate from the concerned competent authority mentioned in (a) above showing that the caste or sub-caste has changed as a result of the marriage.</p><p style="text-align: justify;"> <strong>(d) Due to any other reason </strong>:</p><p style="text-align: justify;"> An affidavit made before a stipendiary Magistrate by the parent or guardian should accompany the application for change in caste of sub-caste.</p><p style="text-align: justify;"> <strong>N.B</strong>.: The term "Backward Class" means and includes the following categories.</p><table border="1" cellpadding="0" cellspacing="0"><tbody><tr><td style="width: 43px">1<td style="width: 251px">Scheduled castes and Schedule Caste converts to Buddhism.<td style="width: 282px">As per Scheduled Castes and Scheduled Tribes Lists Modification Order, 1956, as adopted for Maharashtra State.</tr><tr><td style="width: 43px">2<td style="width: 251px">Scheduled Tribes including those outside specified areas.<td style="width: 282px">Vide Part VII-A of the Seventh and Eighth Schedule of the Bombay Reorganisation Act, 1960 and orders issued by Government in this behalf from time to time.</tr><tr><td style="width: 43px">3<td style="width: 251px">DenotifiedTribes and Nomadic Tribes.<td style="width: 282px">As per Government Resolution, Education and Social Welfare Deptt. No. CBC. 1361-M, dated 21<sup>st</sup> November 1961 and Government from time to time.</tr><tr><td style="width: 43px">4<td style="width: 251px">Other Classes.<td style="width: 282px">Backward Castes which have been declared as belonging to the other Backward Classes by Government from time to time.</tr></tbody></table><strong>General</strong>:-<p style="text-align: justify;"> (Please also see Annexure 36).</p><p style="text-align: justify;"> 15. An appeal against the decision of the Educational Inspector, Greater Bombay or as the case may be, the Education Officer, Zilla Parishad concerned, who has not sanctioned the change shall be submitted to the Deputy Director concerned within 30 days of the receipt of the order."</p><p style="text-align: justify;"> 6. On fulfillment of requirements laid down under Appendix Six, the application tendered for effecting change in the entries recorded in school record can be entertained. Respondents were therefore not justified in turning down the application tendered by the petitioner on the ground that the entries recorded in the school record cannot be corrected after pupil has left school. The petition, therefore, deserves to be allowed and Education Officer (Primary), Zilla Parishad, Osmanabad is required to be directed to consider the application tendered by the petitioner to the school authorities and which has been forwarded to the Education Officer (Primary), Zilla Parishad, Osmanabad, in accordance with provisions of Secondary Schools Code, 2006. The orders passed by respondent Nos. 2 and 3 impugned in this petition, are quashed and set aside and the matter is remitted back to the Education Officer (Primary), Zilla Parishad, Osmanabad for reconsideration. The Education Officer (Primary), Zilla Parishad, Osmanabad shall proceed to take decision on the application in accordance with provisions of Secondary Schools Code, 2006 and the observations made in this judgment. The petitioner shall cause appearance before the Education Officer (Primary), Zilla Parishad, Osmanabad on 29th October, 2012 and as such, no separate notice requiring petitioner's appearance before respondent No. 3 shall be essential. Respondent No. 3 shall decide the application, as expeditiously as possible, preferably within eight (8) weeks from date of appearance of petitioner before him. Rule is accordingly made absolute. No order as to costs.</p><p style="text-align: justify;"> 7. Pending civil application, if any, does not survive, same stands disposed of.</p>',
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		'judgement' => '<p><strong>Oral Judgment : [ R.M. Borde, J.]</strong><p> Rule. Rule made returnable forthwith.</p><p> With consent of the parties, the petition is taken up for final disposal at admission stage.</p><p> 2. The petitioner claims to be belonging to Bhavsar Kshetriya caste which is included in Other Backward Class category. The petitioner is serving as Conductor in Maharashtra State Road Transport Corporation. The school record of the petitioner records caste as 'Hindu Maratha'. According to the petitioner, while securing admission in school, his father has erroneously recorded the entry as 'Hindu Maratha'. He further contends that old record pertaining to his father, uncle and other near relatives show that they belong to 'Bhavsar Kehstriya caste'. The petitioner has also been issued caste certificate by the competent authority. The son of the petitioner has also been issued caste certificate by the competent authority certifying that he belongs to 'Bhavsar Kshetriya caste' and his caste claim has been validated by the competent Committee. The petitioner, therefore, tendered application to school where he was studying for onward transmission to the Education Officer (Primary), Zilla Parishad, Osmanabad for issuing directions for affecting necessary corrections. The school authority forwarded the application with favourable recommendation to the Education Officer. The Education Officer (Primary) by his order dated 1st November, 2011 was pleased to reject the application recording that since the petitioner has left the school, the application is not maintainable.</p><p> 3. The petitioner tendered appeal to the Deputy Director of Education, Latur Division, Latur,which was heard and disposed of by Deputy Director of Education, Latur Division, Latur on 30th January, 2012 and appeal came to be dismissed. The appellate authority has recorded in the order that rule 26.4, Appendix-Six of the Secondary Schools Code-2006 does not permit to make correction in the entries in respect of caste in the school record after pupil has left the school. According to the petitioner, reasons recorded by both the authorities for turning down his claim are erroneous and against the provisions of Secondary Schools Code, 2006. Rule 26.4 of the Secondary Schools Code, 2006 prescribe that application for change or correction of date of birth, name, surname, caste etc., as entered in the General Register shall be entertained from or on behalf of a pupil who is attending a school. It further provide that such application shall not be entertained from or on behalf of a pupil, who has left the school, as the same amounts not only to a change in the entries in the General Register but also to a change in the School Leaving Certificate. It has been further prescribed that, however, for the purposes like an admission to another educational institution the School Leaving certificate is relied upon as an evidence for name, surname, caste, date of birth etc., and in bonafide cases where wrong spelling of a word or an obvious mistake of the type mentioned in sub-rule 3 above is noticed any time after issue of the School Leaving Certificate and the same is required to be corrected so as to be consistent with the corresponding entries in the General Register of the school or those in the School Leaving Certificate issued by the previous school, such applications shall be entertained. The procedure to be followed in such cases is laid down in Appendix Six.</p><p> 4. Rule 26.4 of the Secondary Schools Code, 2006 has been interpreted by the Division Bench of this Court in the matter of Shaikh Shafi Ahmed Khadarsab vs. The State of Maharashtra and others in Writ Petition No. 1138 of 2009 decided on 13<sup>th</sup> March, 2012. In paragraph-11 of the judgment cited supra, the Division Bench of this Court has observed thus:</p><p> "11. For all these reasons, we hold that the instructions contained in para 26.4 of the S.S.Code that an application for change of an entry in the General Register of a school shall be entertained only on behalf of the pupil who is attending the school meaning thereby that it shall not be entertained on behalf of the pupil who has left the school, are directory and not mandatory. In our view, such an application can be entertained even after the pupil has left the school, provided the application is bona-fide and the pupil is able to satisfy that the original entry in the General Register of the school is erroneous. The application can be rejected if the entry is not shown to be erroneous and wrong. It, however, cannot be rejected without it being considered on merits, only on the technical ground that the application has been made after the pupil has left the school."</p><p> 5. Appendix Six of the Secondary Schools Code, 2006 lays down the procedure in respect of making correction and change in names, surnames, caste/sub-caste, date of birth etc., Paragraph Nos.12 to 15 of Appendix Six reads thus:</p><p> "<strong>Change in Caste or Sub-Caste (in respect of B.C. pupils only):</strong></p><p> (12) For making changes in caste or sub-caste of Backward Class pupils the guardian of the pupil shall make an application in Form No. 3 accompanying these rules.</p><p> (13) Permission may be given to change the entries in the General Register of the school in respect of "caste" or "sub-caste" of Backward Class pupils in the following circumstances.</p><p> (i) due to wrong entries made initially;</p><p> (ii) due to change in religion;</p><p> (iii) if the caste previously treated as non-backward was subsequently declared by Government as Backward or vice-versa.</p><p> (iv) due to adoption;</p><p> (v) due to inter-caste or inter-religion marriage;</p><p> (14) For this purpose, the necessary certificates from the following authorities must accompany the application for change of caste or sub-caste:</p><p> <strong>(a) For Reasons</strong>, (i),(ii) and (iii) above:</p><p> In Greater Bombay (a) The Chief Presidency Magistrate or the Presidency Magistrate authorised by him;</p><p> Or</p><p> (b) Justice of Peace; or (Deleted)</p><p> (c) Social, Welfare Officer, Greater Bombay, Bombay.</p><p> In other areas (d) The District Magistrates or Executive Magistrates authorized by them;</p><p> or</p><p> (e) Honorary Magistrates; or (Deleted)</p><p> (f) The Social Welfare Officer of the district concerned.</p><p> (<strong>b) Due to adoption </strong>:</p><p> The original adoption-deed or a certified copy of that deed or a certificate from stipendiary Magistrate showing the change in name (if any) and the caste or sub-caste changed as a result of adoption should accompany the application for change in caste or sub-caste.</p><p> <strong>(c) Due to inter-caste or inter-religion marriage </strong>:</p><p> A declaration by the parent or guardian attested by two witnesses and the student himself/herself or certified copy of the certificate of registration of marriage should accompany the application for change in caste or sub-caste along with the certificate from the concerned competent authority mentioned in (a) above showing that the caste or sub-caste has changed as a result of the marriage.</p><p> <strong>(d) Due to any other reason </strong>:</p><p> An affidavit made before a stipendiary Magistrate by the parent or guardian should accompany the application for change in caste of sub-caste.</p><p> <strong>N.B</strong>.: The term "Backward Class" means and includes the following categories.</p><table><tbody><tr><td>1<td>Scheduled castes and Schedule Caste converts to Buddhism.<td>As per Scheduled Castes and Scheduled Tribes Lists Modification Order, 1956, as adopted for Maharashtra State.</tr><tr><td>2<td>Scheduled Tribes including those outside specified areas.<td>Vide Part VII-A of the Seventh and Eighth Schedule of the Bombay Reorganisation Act, 1960 and orders issued by Government in this behalf from time to time.</tr><tr><td>3<td>DenotifiedTribes and Nomadic Tribes.<td>As per Government Resolution, Education and Social Welfare Deptt. No. CBC. 1361-M, dated 21<sup>st</sup> November 1961 and Government from time to time.</tr><tr><td>4<td>Other Classes.<td>Backward Castes which have been declared as belonging to the other Backward Classes by Government from time to time.</tr></tbody></table><strong>General</strong>:-<p> (Please also see Annexure 36).</p><p> 15. An appeal against the decision of the Educational Inspector, Greater Bombay or as the case may be, the Education Officer, Zilla Parishad concerned, who has not sanctioned the change shall be submitted to the Deputy Director concerned within 30 days of the receipt of the order."</p><p> 6. On fulfillment of requirements laid down under Appendix Six, the application tendered for effecting change in the entries recorded in school record can be entertained. Respondents were therefore not justified in turning down the application tendered by the petitioner on the ground that the entries recorded in the school record cannot be corrected after pupil has left school. The petition, therefore, deserves to be allowed and Education Officer (Primary), Zilla Parishad, Osmanabad is required to be directed to consider the application tendered by the petitioner to the school authorities and which has been forwarded to the Education Officer (Primary), Zilla Parishad, Osmanabad, in accordance with provisions of Secondary Schools Code, 2006. The orders passed by respondent Nos. 2 and 3 impugned in this petition, are quashed and set aside and the matter is remitted back to the Education Officer (Primary), Zilla Parishad, Osmanabad for reconsideration. The Education Officer (Primary), Zilla Parishad, Osmanabad shall proceed to take decision on the application in accordance with provisions of Secondary Schools Code, 2006 and the observations made in this judgment. The petitioner shall cause appearance before the Education Officer (Primary), Zilla Parishad, Osmanabad on 29th October, 2012 and as such, no separate notice requiring petitioner's appearance before respondent No. 3 shall be essential. Respondent No. 3 shall decide the application, as expeditiously as possible, preferably within eight (8) weeks from date of appearance of petitioner before him. Rule is accordingly made absolute. No order as to costs.</p><p> 7. Pending civil application, if any, does not survive, same stands disposed of.</p>',
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	(int) 1 => '<p> With consent of the parties, the petition is taken up for final disposal at admission stage.',
	(int) 2 => '<p> 2. The petitioner claims to be belonging to Bhavsar Kshetriya caste which is included in Other Backward Class category. The petitioner is serving as Conductor in Maharashtra State Road Transport Corporation. The school record of the petitioner records caste as 'Hindu Maratha'. According to the petitioner, while securing admission in school, his father has erroneously recorded the entry as 'Hindu Maratha'. He further contends that old record pertaining to his father, uncle and other near relatives show that they belong to 'Bhavsar Kehstriya caste'. The petitioner has also been issued caste certificate by the competent authority. The son of the petitioner has also been issued caste certificate by the competent authority certifying that he belongs to 'Bhavsar Kshetriya caste' and his caste claim has been validated by the competent Committee. The petitioner, therefore, tendered application to school where he was studying for onward transmission to the Education Officer (Primary), Zilla Parishad, Osmanabad for issuing directions for affecting necessary corrections. The school authority forwarded the application with favourable recommendation to the Education Officer. The Education Officer (Primary) by his order dated 1st November, 2011 was pleased to reject the application recording that since the petitioner has left the school, the application is not maintainable.',
	(int) 3 => '<p> 3. The petitioner tendered appeal to the Deputy Director of Education, Latur Division, Latur,which was heard and disposed of by Deputy Director of Education, Latur Division, Latur on 30th January, 2012 and appeal came to be dismissed. The appellate authority has recorded in the order that rule 26.4, Appendix-Six of the Secondary Schools Code-2006 does not permit to make correction in the entries in respect of caste in the school record after pupil has left the school. According to the petitioner, reasons recorded by both the authorities for turning down his claim are erroneous and against the provisions of Secondary Schools Code, 2006. Rule 26.4 of the Secondary Schools Code, 2006 prescribe that application for change or correction of date of birth, name, surname, caste etc., as entered in the General Register shall be entertained from or on behalf of a pupil who is attending a school. It further provide that such application shall not be entertained from or on behalf of a pupil, who has left the school, as the same amounts not only to a change in the entries in the General Register but also to a change in the School Leaving Certificate. It has been further prescribed that, however, for the purposes like an admission to another educational institution the School Leaving certificate is relied upon as an evidence for name, surname, caste, date of birth etc., and in bonafide cases where wrong spelling of a word or an obvious mistake of the type mentioned in sub-rule 3 above is noticed any time after issue of the School Leaving Certificate and the same is required to be corrected so as to be consistent with the corresponding entries in the General Register of the school or those in the School Leaving Certificate issued by the previous school, such applications shall be entertained. The procedure to be followed in such cases is laid down in Appendix Six.',
	(int) 4 => '<p> 4. Rule 26.4 of the Secondary Schools Code, 2006 has been interpreted by the Division Bench of this Court in the matter of Shaikh Shafi Ahmed Khadarsab vs. The State of Maharashtra and others in Writ Petition No. 1138 of 2009 decided on 13<sup>th</sup> March, 2012. In paragraph-11 of the judgment cited supra, the Division Bench of this Court has observed thus:',
	(int) 5 => '<p> "11. For all these reasons, we hold that the instructions contained in para 26.4 of the S.S.Code that an application for change of an entry in the General Register of a school shall be entertained only on behalf of the pupil who is attending the school meaning thereby that it shall not be entertained on behalf of the pupil who has left the school, are directory and not mandatory. In our view, such an application can be entertained even after the pupil has left the school, provided the application is bona-fide and the pupil is able to satisfy that the original entry in the General Register of the school is erroneous. The application can be rejected if the entry is not shown to be erroneous and wrong. It, however, cannot be rejected without it being considered on merits, only on the technical ground that the application has been made after the pupil has left the school."',
	(int) 6 => '<p> 5. Appendix Six of the Secondary Schools Code, 2006 lays down the procedure in respect of making correction and change in names, surnames, caste/sub-caste, date of birth etc., Paragraph Nos.12 to 15 of Appendix Six reads thus:',
	(int) 7 => '<p> "<strong>Change in Caste or Sub-Caste (in respect of B.C. pupils only):</strong>',
	(int) 8 => '<p> (12) For making changes in caste or sub-caste of Backward Class pupils the guardian of the pupil shall make an application in Form No. 3 accompanying these rules.',
	(int) 9 => '<p> (13) Permission may be given to change the entries in the General Register of the school in respect of "caste" or "sub-caste" of Backward Class pupils in the following circumstances.',
	(int) 10 => '<p> (i) due to wrong entries made initially;',
	(int) 11 => '<p> (ii) due to change in religion;',
	(int) 12 => '<p> (iii) if the caste previously treated as non-backward was subsequently declared by Government as Backward or vice-versa.',
	(int) 13 => '<p> (iv) due to adoption;',
	(int) 14 => '<p> (v) due to inter-caste or inter-religion marriage;',
	(int) 15 => '<p> (14) For this purpose, the necessary certificates from the following authorities must accompany the application for change of caste or sub-caste:',
	(int) 16 => '<p> <strong>(a) For Reasons</strong>, (i),(ii) and (iii) above:',
	(int) 17 => '<p> In Greater Bombay (a) The Chief Presidency Magistrate or the Presidency Magistrate authorised by him;',
	(int) 18 => '<p> Or',
	(int) 19 => '<p> (b) Justice of Peace; or (Deleted)',
	(int) 20 => '<p> (c) Social, Welfare Officer, Greater Bombay, Bombay.',
	(int) 21 => '<p> In other areas (d) The District Magistrates or Executive Magistrates authorized by them;',
	(int) 22 => '<p> or',
	(int) 23 => '<p> (e) Honorary Magistrates; or (Deleted)',
	(int) 24 => '<p> (f) The Social Welfare Officer of the district concerned.',
	(int) 25 => '<p> (<strong>b) Due to adoption </strong>:',
	(int) 26 => '<p> The original adoption-deed or a certified copy of that deed or a certificate from stipendiary Magistrate showing the change in name (if any) and the caste or sub-caste changed as a result of adoption should accompany the application for change in caste or sub-caste.',
	(int) 27 => '<p> <strong>(c) Due to inter-caste or inter-religion marriage </strong>:',
	(int) 28 => '<p> A declaration by the parent or guardian attested by two witnesses and the student himself/herself or certified copy of the certificate of registration of marriage should accompany the application for change in caste or sub-caste along with the certificate from the concerned competent authority mentioned in (a) above showing that the caste or sub-caste has changed as a result of the marriage.',
	(int) 29 => '<p> <strong>(d) Due to any other reason </strong>:',
	(int) 30 => '<p> An affidavit made before a stipendiary Magistrate by the parent or guardian should accompany the application for change in caste of sub-caste.',
	(int) 31 => '<p> <strong>N.B</strong>.: The term "Backward Class" means and includes the following categories.',
	(int) 32 => '<table><tbody><tr><td>1<td>Scheduled castes and Schedule Caste converts to Buddhism.<td>As per Scheduled Castes and Scheduled Tribes Lists Modification Order, 1956, as adopted for Maharashtra State.</tr><tr><td>2<td>Scheduled Tribes including those outside specified areas.<td>Vide Part VII-A of the Seventh and Eighth Schedule of the Bombay Reorganisation Act, 1960 and orders issued by Government in this behalf from time to time.</tr><tr><td>3<td>DenotifiedTribes and Nomadic Tribes.<td>As per Government Resolution, Education and Social Welfare Deptt. No. CBC. 1361-M, dated 21<sup>st</sup> November 1961 and Government from time to time.</tr><tr><td>4<td>Other Classes.<td>Backward Castes which have been declared as belonging to the other Backward Classes by Government from time to time.</tr></tbody></table><strong>General</strong>:-<p> (Please also see Annexure 36).',
	(int) 33 => '<p> 15. An appeal against the decision of the Educational Inspector, Greater Bombay or as the case may be, the Education Officer, Zilla Parishad concerned, who has not sanctioned the change shall be submitted to the Deputy Director concerned within 30 days of the receipt of the order."',
	(int) 34 => '<p> 6. On fulfillment of requirements laid down under Appendix Six, the application tendered for effecting change in the entries recorded in school record can be entertained. Respondents were therefore not justified in turning down the application tendered by the petitioner on the ground that the entries recorded in the school record cannot be corrected after pupil has left school. The petition, therefore, deserves to be allowed and Education Officer (Primary), Zilla Parishad, Osmanabad is required to be directed to consider the application tendered by the petitioner to the school authorities and which has been forwarded to the Education Officer (Primary), Zilla Parishad, Osmanabad, in accordance with provisions of Secondary Schools Code, 2006. The orders passed by respondent Nos. 2 and 3 impugned in this petition, are quashed and set aside and the matter is remitted back to the Education Officer (Primary), Zilla Parishad, Osmanabad for reconsideration. The Education Officer (Primary), Zilla Parishad, Osmanabad shall proceed to take decision on the application in accordance with provisions of Secondary Schools Code, 2006 and the observations made in this judgment. The petitioner shall cause appearance before the Education Officer (Primary), Zilla Parishad, Osmanabad on 29th October, 2012 and as such, no separate notice requiring petitioner's appearance before respondent No. 3 shall be essential. Respondent No. 3 shall decide the application, as expeditiously as possible, preferably within eight (8) weeks from date of appearance of petitioner before him. Rule is accordingly made absolute. No order as to costs.',
	(int) 35 => '<p> 7. Pending civil application, if any, does not survive, same stands disposed of.',
	(int) 36 => ''
)
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5. Appendix Six of the Secondary Schools Code, 2006 lays down the procedure in respect of making correction and change in names, surnames, caste/sub-caste, date of birth etc., Paragraph Nos.12 to 15 of Appendix Six reads thus:

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	'title_for_layout' => 'Vilas S O Dattatraya Ransubhe Vs the State of Maharashtra Through the Secretary School Education and Sports Department and Others - Citation 1105404 - Court Judgment | ',
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			'appealno' => 'Writ Petition No.3266 of 2012 ',
			'appellant' => 'Vilas S/O Dattatraya Ransubhe',
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			'casename' => 'Vilas S/O Dattatraya Ransubhe Vs. the State of Maharashtra, Through the Secretary, School Education and Sports Department and Others',
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			'judgement' => '<p style="text-align: justify;"><strong>Oral Judgment : [ R.M. Borde, J.]</strong><p style="text-align: justify;"> Rule. Rule made returnable forthwith.</p><p style="text-align: justify;"> With consent of the parties, the petition is taken up for final disposal at admission stage.</p><p style="text-align: justify;"> 2. The petitioner claims to be belonging to Bhavsar Kshetriya caste which is included in Other Backward Class category. The petitioner is serving as Conductor in Maharashtra State Road Transport Corporation. The school record of the petitioner records caste as 'Hindu Maratha'. According to the petitioner, while securing admission in school, his father has erroneously recorded the entry as 'Hindu Maratha'. He further contends that old record pertaining to his father, uncle and other near relatives show that they belong to 'Bhavsar Kehstriya caste'. The petitioner has also been issued caste certificate by the competent authority. The son of the petitioner has also been issued caste certificate by the competent authority certifying that he belongs to 'Bhavsar Kshetriya caste' and his caste claim has been validated by the competent Committee. The petitioner, therefore, tendered application to school where he was studying for onward transmission to the Education Officer (Primary), Zilla Parishad, Osmanabad for issuing directions for affecting necessary corrections. The school authority forwarded the application with favourable recommendation to the Education Officer. The Education Officer (Primary) by his order dated 1st November, 2011 was pleased to reject the application recording that since the petitioner has left the school, the application is not maintainable.</p><p style="text-align: justify;"> 3. The petitioner tendered appeal to the Deputy Director of Education, Latur Division, Latur,which was heard and disposed of by Deputy Director of Education, Latur Division, Latur on 30th January, 2012 and appeal came to be dismissed. The appellate authority has recorded in the order that rule 26.4, Appendix-Six of the Secondary Schools Code-2006 does not permit to make correction in the entries in respect of caste in the school record after pupil has left the school. According to the petitioner, reasons recorded by both the authorities for turning down his claim are erroneous and against the provisions of Secondary Schools Code, 2006. Rule 26.4 of the Secondary Schools Code, 2006 prescribe that application for change or correction of date of birth, name, surname, caste etc., as entered in the General Register shall be entertained from or on behalf of a pupil who is attending a school. It further provide that such application shall not be entertained from or on behalf of a pupil, who has left the school, as the same amounts not only to a change in the entries in the General Register but also to a change in the School Leaving Certificate. It has been further prescribed that, however, for the purposes like an admission to another educational institution the School Leaving certificate is relied upon as an evidence for name, surname, caste, date of birth etc., and in bonafide cases where wrong spelling of a word or an obvious mistake of the type mentioned in sub-rule 3 above is noticed any time after issue of the School Leaving Certificate and the same is required to be corrected so as to be consistent with the corresponding entries in the General Register of the school or those in the School Leaving Certificate issued by the previous school, such applications shall be entertained. The procedure to be followed in such cases is laid down in Appendix Six.</p><p style="text-align: justify;"> 4. Rule 26.4 of the Secondary Schools Code, 2006 has been interpreted by the Division Bench of this Court in the matter of Shaikh Shafi Ahmed Khadarsab vs. The State of Maharashtra and others in Writ Petition No. 1138 of 2009 decided on 13<sup>th</sup> March, 2012. In paragraph-11 of the judgment cited supra, the Division Bench of this Court has observed thus:</p><p style="text-align: justify;"> "11. For all these reasons, we hold that the instructions contained in para 26.4 of the S.S.Code that an application for change of an entry in the General Register of a school shall be entertained only on behalf of the pupil who is attending the school meaning thereby that it shall not be entertained on behalf of the pupil who has left the school, are directory and not mandatory. In our view, such an application can be entertained even after the pupil has left the school, provided the application is bona-fide and the pupil is able to satisfy that the original entry in the General Register of the school is erroneous. The application can be rejected if the entry is not shown to be erroneous and wrong. It, however, cannot be rejected without it being considered on merits, only on the technical ground that the application has been made after the pupil has left the school."</p><p style="text-align: justify;"> 5. Appendix Six of the Secondary Schools Code, 2006 lays down the procedure in respect of making correction and change in names, surnames, caste/sub-caste, date of birth etc., Paragraph Nos.12 to 15 of Appendix Six reads thus:</p><p style="text-align: justify;"> "<strong>Change in Caste or Sub-Caste (in respect of B.C. pupils only):</strong></p><p style="text-align: justify;"> (12) For making changes in caste or sub-caste of Backward Class pupils the guardian of the pupil shall make an application in Form No. 3 accompanying these rules.</p><p style="text-align: justify;"> (13) Permission may be given to change the entries in the General Register of the school in respect of "caste" or "sub-caste" of Backward Class pupils in the following circumstances.</p><p style="text-align: justify;"> (i) due to wrong entries made initially;</p><p style="text-align: justify;"> (ii) due to change in religion;</p><p style="text-align: justify;"> (iii) if the caste previously treated as non-backward was subsequently declared by Government as Backward or vice-versa.</p><p style="text-align: justify;"> (iv) due to adoption;</p><p style="text-align: justify;"> (v) due to inter-caste or inter-religion marriage;</p><p style="text-align: justify;"> (14) For this purpose, the necessary certificates from the following authorities must accompany the application for change of caste or sub-caste:</p><p style="text-align: justify;"> <strong>(a) For Reasons</strong>, (i),(ii) and (iii) above:</p><p style="text-align: justify;"> In Greater Bombay (a) The Chief Presidency Magistrate or the Presidency Magistrate authorised by him;</p><p style="text-align: justify;"> Or</p><p style="text-align: justify;"> (b) Justice of Peace; or (Deleted)</p><p style="text-align: justify;"> (c) Social, Welfare Officer, Greater Bombay, Bombay.</p><p style="text-align: justify;"> In other areas (d) The District Magistrates or Executive Magistrates authorized by them;</p><p style="text-align: justify;"> or</p><p style="text-align: justify;"> (e) Honorary Magistrates; or (Deleted)</p><p style="text-align: justify;"> (f) The Social Welfare Officer of the district concerned.</p><p style="text-align: justify;"> (<strong>b) Due to adoption </strong>:</p><p style="text-align: justify;"> The original adoption-deed or a certified copy of that deed or a certificate from stipendiary Magistrate showing the change in name (if any) and the caste or sub-caste changed as a result of adoption should accompany the application for change in caste or sub-caste.</p><p style="text-align: justify;"> <strong>(c) Due to inter-caste or inter-religion marriage </strong>:</p><p style="text-align: justify;"> A declaration by the parent or guardian attested by two witnesses and the student himself/herself or certified copy of the certificate of registration of marriage should accompany the application for change in caste or sub-caste along with the certificate from the concerned competent authority mentioned in (a) above showing that the caste or sub-caste has changed as a result of the marriage.</p><p style="text-align: justify;"> <strong>(d) Due to any other reason </strong>:</p><p style="text-align: justify;"> An affidavit made before a stipendiary Magistrate by the parent or guardian should accompany the application for change in caste of sub-caste.</p><p style="text-align: justify;"> <strong>N.B</strong>.: The term "Backward Class" means and includes the following categories.</p><table border="1" cellpadding="0" cellspacing="0"><tbody><tr><td style="width: 43px">1<td style="width: 251px">Scheduled castes and Schedule Caste converts to Buddhism.<td style="width: 282px">As per Scheduled Castes and Scheduled Tribes Lists Modification Order, 1956, as adopted for Maharashtra State.</tr><tr><td style="width: 43px">2<td style="width: 251px">Scheduled Tribes including those outside specified areas.<td style="width: 282px">Vide Part VII-A of the Seventh and Eighth Schedule of the Bombay Reorganisation Act, 1960 and orders issued by Government in this behalf from time to time.</tr><tr><td style="width: 43px">3<td style="width: 251px">DenotifiedTribes and Nomadic Tribes.<td style="width: 282px">As per Government Resolution, Education and Social Welfare Deptt. No. CBC. 1361-M, dated 21<sup>st</sup> November 1961 and Government from time to time.</tr><tr><td style="width: 43px">4<td style="width: 251px">Other Classes.<td style="width: 282px">Backward Castes which have been declared as belonging to the other Backward Classes by Government from time to time.</tr></tbody></table><strong>General</strong>:-<p style="text-align: justify;"> (Please also see Annexure 36).</p><p style="text-align: justify;"> 15. An appeal against the decision of the Educational Inspector, Greater Bombay or as the case may be, the Education Officer, Zilla Parishad concerned, who has not sanctioned the change shall be submitted to the Deputy Director concerned within 30 days of the receipt of the order."</p><p style="text-align: justify;"> 6. On fulfillment of requirements laid down under Appendix Six, the application tendered for effecting change in the entries recorded in school record can be entertained. Respondents were therefore not justified in turning down the application tendered by the petitioner on the ground that the entries recorded in the school record cannot be corrected after pupil has left school. The petition, therefore, deserves to be allowed and Education Officer (Primary), Zilla Parishad, Osmanabad is required to be directed to consider the application tendered by the petitioner to the school authorities and which has been forwarded to the Education Officer (Primary), Zilla Parishad, Osmanabad, in accordance with provisions of Secondary Schools Code, 2006. The orders passed by respondent Nos. 2 and 3 impugned in this petition, are quashed and set aside and the matter is remitted back to the Education Officer (Primary), Zilla Parishad, Osmanabad for reconsideration. The Education Officer (Primary), Zilla Parishad, Osmanabad shall proceed to take decision on the application in accordance with provisions of Secondary Schools Code, 2006 and the observations made in this judgment. The petitioner shall cause appearance before the Education Officer (Primary), Zilla Parishad, Osmanabad on 29th October, 2012 and as such, no separate notice requiring petitioner's appearance before respondent No. 3 shall be essential. Respondent No. 3 shall decide the application, as expeditiously as possible, preferably within eight (8) weeks from date of appearance of petitioner before him. Rule is accordingly made absolute. No order as to costs.</p><p style="text-align: justify;"> 7. Pending civil application, if any, does not survive, same stands disposed of.</p>',
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		'appellant' => 'Vilas S/O Dattatraya Ransubhe',
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		'judgement' => '<p><strong>Oral Judgment : [ R.M. Borde, J.]</strong><p> Rule. Rule made returnable forthwith.</p><p> With consent of the parties, the petition is taken up for final disposal at admission stage.</p><p> 2. The petitioner claims to be belonging to Bhavsar Kshetriya caste which is included in Other Backward Class category. The petitioner is serving as Conductor in Maharashtra State Road Transport Corporation. The school record of the petitioner records caste as 'Hindu Maratha'. According to the petitioner, while securing admission in school, his father has erroneously recorded the entry as 'Hindu Maratha'. He further contends that old record pertaining to his father, uncle and other near relatives show that they belong to 'Bhavsar Kehstriya caste'. The petitioner has also been issued caste certificate by the competent authority. The son of the petitioner has also been issued caste certificate by the competent authority certifying that he belongs to 'Bhavsar Kshetriya caste' and his caste claim has been validated by the competent Committee. The petitioner, therefore, tendered application to school where he was studying for onward transmission to the Education Officer (Primary), Zilla Parishad, Osmanabad for issuing directions for affecting necessary corrections. The school authority forwarded the application with favourable recommendation to the Education Officer. The Education Officer (Primary) by his order dated 1st November, 2011 was pleased to reject the application recording that since the petitioner has left the school, the application is not maintainable.</p><p> 3. The petitioner tendered appeal to the Deputy Director of Education, Latur Division, Latur,which was heard and disposed of by Deputy Director of Education, Latur Division, Latur on 30th January, 2012 and appeal came to be dismissed. The appellate authority has recorded in the order that rule 26.4, Appendix-Six of the Secondary Schools Code-2006 does not permit to make correction in the entries in respect of caste in the school record after pupil has left the school. According to the petitioner, reasons recorded by both the authorities for turning down his claim are erroneous and against the provisions of Secondary Schools Code, 2006. Rule 26.4 of the Secondary Schools Code, 2006 prescribe that application for change or correction of date of birth, name, surname, caste etc., as entered in the General Register shall be entertained from or on behalf of a pupil who is attending a school. It further provide that such application shall not be entertained from or on behalf of a pupil, who has left the school, as the same amounts not only to a change in the entries in the General Register but also to a change in the School Leaving Certificate. It has been further prescribed that, however, for the purposes like an admission to another educational institution the School Leaving certificate is relied upon as an evidence for name, surname, caste, date of birth etc., and in bonafide cases where wrong spelling of a word or an obvious mistake of the type mentioned in sub-rule 3 above is noticed any time after issue of the School Leaving Certificate and the same is required to be corrected so as to be consistent with the corresponding entries in the General Register of the school or those in the School Leaving Certificate issued by the previous school, such applications shall be entertained. The procedure to be followed in such cases is laid down in Appendix Six.</p><p> 4. Rule 26.4 of the Secondary Schools Code, 2006 has been interpreted by the Division Bench of this Court in the matter of Shaikh Shafi Ahmed Khadarsab vs. The State of Maharashtra and others in Writ Petition No. 1138 of 2009 decided on 13<sup>th</sup> March, 2012. In paragraph-11 of the judgment cited supra, the Division Bench of this Court has observed thus:</p><p> "11. For all these reasons, we hold that the instructions contained in para 26.4 of the S.S.Code that an application for change of an entry in the General Register of a school shall be entertained only on behalf of the pupil who is attending the school meaning thereby that it shall not be entertained on behalf of the pupil who has left the school, are directory and not mandatory. In our view, such an application can be entertained even after the pupil has left the school, provided the application is bona-fide and the pupil is able to satisfy that the original entry in the General Register of the school is erroneous. The application can be rejected if the entry is not shown to be erroneous and wrong. It, however, cannot be rejected without it being considered on merits, only on the technical ground that the application has been made after the pupil has left the school."</p><p> 5. Appendix Six of the Secondary Schools Code, 2006 lays down the procedure in respect of making correction and change in names, surnames, caste/sub-caste, date of birth etc., Paragraph Nos.12 to 15 of Appendix Six reads thus:</p><p> "<strong>Change in Caste or Sub-Caste (in respect of B.C. pupils only):</strong></p><p> (12) For making changes in caste or sub-caste of Backward Class pupils the guardian of the pupil shall make an application in Form No. 3 accompanying these rules.</p><p> (13) Permission may be given to change the entries in the General Register of the school in respect of "caste" or "sub-caste" of Backward Class pupils in the following circumstances.</p><p> (i) due to wrong entries made initially;</p><p> (ii) due to change in religion;</p><p> (iii) if the caste previously treated as non-backward was subsequently declared by Government as Backward or vice-versa.</p><p> (iv) due to adoption;</p><p> (v) due to inter-caste or inter-religion marriage;</p><p> (14) For this purpose, the necessary certificates from the following authorities must accompany the application for change of caste or sub-caste:</p><p> <strong>(a) For Reasons</strong>, (i),(ii) and (iii) above:</p><p> In Greater Bombay (a) The Chief Presidency Magistrate or the Presidency Magistrate authorised by him;</p><p> Or</p><p> (b) Justice of Peace; or (Deleted)</p><p> (c) Social, Welfare Officer, Greater Bombay, Bombay.</p><p> In other areas (d) The District Magistrates or Executive Magistrates authorized by them;</p><p> or</p><p> (e) Honorary Magistrates; or (Deleted)</p><p> (f) The Social Welfare Officer of the district concerned.</p><p> (<strong>b) Due to adoption </strong>:</p><p> The original adoption-deed or a certified copy of that deed or a certificate from stipendiary Magistrate showing the change in name (if any) and the caste or sub-caste changed as a result of adoption should accompany the application for change in caste or sub-caste.</p><p> <strong>(c) Due to inter-caste or inter-religion marriage </strong>:</p><p> A declaration by the parent or guardian attested by two witnesses and the student himself/herself or certified copy of the certificate of registration of marriage should accompany the application for change in caste or sub-caste along with the certificate from the concerned competent authority mentioned in (a) above showing that the caste or sub-caste has changed as a result of the marriage.</p><p> <strong>(d) Due to any other reason </strong>:</p><p> An affidavit made before a stipendiary Magistrate by the parent or guardian should accompany the application for change in caste of sub-caste.</p><p> <strong>N.B</strong>.: The term "Backward Class" means and includes the following categories.</p><table><tbody><tr><td>1<td>Scheduled castes and Schedule Caste converts to Buddhism.<td>As per Scheduled Castes and Scheduled Tribes Lists Modification Order, 1956, as adopted for Maharashtra State.</tr><tr><td>2<td>Scheduled Tribes including those outside specified areas.<td>Vide Part VII-A of the Seventh and Eighth Schedule of the Bombay Reorganisation Act, 1960 and orders issued by Government in this behalf from time to time.</tr><tr><td>3<td>DenotifiedTribes and Nomadic Tribes.<td>As per Government Resolution, Education and Social Welfare Deptt. No. CBC. 1361-M, dated 21<sup>st</sup> November 1961 and Government from time to time.</tr><tr><td>4<td>Other Classes.<td>Backward Castes which have been declared as belonging to the other Backward Classes by Government from time to time.</tr></tbody></table><strong>General</strong>:-<p> (Please also see Annexure 36).</p><p> 15. An appeal against the decision of the Educational Inspector, Greater Bombay or as the case may be, the Education Officer, Zilla Parishad concerned, who has not sanctioned the change shall be submitted to the Deputy Director concerned within 30 days of the receipt of the order."</p><p> 6. On fulfillment of requirements laid down under Appendix Six, the application tendered for effecting change in the entries recorded in school record can be entertained. Respondents were therefore not justified in turning down the application tendered by the petitioner on the ground that the entries recorded in the school record cannot be corrected after pupil has left school. The petition, therefore, deserves to be allowed and Education Officer (Primary), Zilla Parishad, Osmanabad is required to be directed to consider the application tendered by the petitioner to the school authorities and which has been forwarded to the Education Officer (Primary), Zilla Parishad, Osmanabad, in accordance with provisions of Secondary Schools Code, 2006. The orders passed by respondent Nos. 2 and 3 impugned in this petition, are quashed and set aside and the matter is remitted back to the Education Officer (Primary), Zilla Parishad, Osmanabad for reconsideration. The Education Officer (Primary), Zilla Parishad, Osmanabad shall proceed to take decision on the application in accordance with provisions of Secondary Schools Code, 2006 and the observations made in this judgment. The petitioner shall cause appearance before the Education Officer (Primary), Zilla Parishad, Osmanabad on 29th October, 2012 and as such, no separate notice requiring petitioner's appearance before respondent No. 3 shall be essential. Respondent No. 3 shall decide the application, as expeditiously as possible, preferably within eight (8) weeks from date of appearance of petitioner before him. Rule is accordingly made absolute. No order as to costs.</p><p> 7. Pending civil application, if any, does not survive, same stands disposed of.</p>',
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	(int) 0 => '<p><strong>Oral Judgment : [ R.M. Borde, J.]</strong><p> Rule. Rule made returnable forthwith.',
	(int) 1 => '<p> With consent of the parties, the petition is taken up for final disposal at admission stage.',
	(int) 2 => '<p> 2. The petitioner claims to be belonging to Bhavsar Kshetriya caste which is included in Other Backward Class category. The petitioner is serving as Conductor in Maharashtra State Road Transport Corporation. The school record of the petitioner records caste as 'Hindu Maratha'. According to the petitioner, while securing admission in school, his father has erroneously recorded the entry as 'Hindu Maratha'. He further contends that old record pertaining to his father, uncle and other near relatives show that they belong to 'Bhavsar Kehstriya caste'. The petitioner has also been issued caste certificate by the competent authority. The son of the petitioner has also been issued caste certificate by the competent authority certifying that he belongs to 'Bhavsar Kshetriya caste' and his caste claim has been validated by the competent Committee. The petitioner, therefore, tendered application to school where he was studying for onward transmission to the Education Officer (Primary), Zilla Parishad, Osmanabad for issuing directions for affecting necessary corrections. The school authority forwarded the application with favourable recommendation to the Education Officer. The Education Officer (Primary) by his order dated 1st November, 2011 was pleased to reject the application recording that since the petitioner has left the school, the application is not maintainable.',
	(int) 3 => '<p> 3. The petitioner tendered appeal to the Deputy Director of Education, Latur Division, Latur,which was heard and disposed of by Deputy Director of Education, Latur Division, Latur on 30th January, 2012 and appeal came to be dismissed. The appellate authority has recorded in the order that rule 26.4, Appendix-Six of the Secondary Schools Code-2006 does not permit to make correction in the entries in respect of caste in the school record after pupil has left the school. According to the petitioner, reasons recorded by both the authorities for turning down his claim are erroneous and against the provisions of Secondary Schools Code, 2006. Rule 26.4 of the Secondary Schools Code, 2006 prescribe that application for change or correction of date of birth, name, surname, caste etc., as entered in the General Register shall be entertained from or on behalf of a pupil who is attending a school. It further provide that such application shall not be entertained from or on behalf of a pupil, who has left the school, as the same amounts not only to a change in the entries in the General Register but also to a change in the School Leaving Certificate. It has been further prescribed that, however, for the purposes like an admission to another educational institution the School Leaving certificate is relied upon as an evidence for name, surname, caste, date of birth etc., and in bonafide cases where wrong spelling of a word or an obvious mistake of the type mentioned in sub-rule 3 above is noticed any time after issue of the School Leaving Certificate and the same is required to be corrected so as to be consistent with the corresponding entries in the General Register of the school or those in the School Leaving Certificate issued by the previous school, such applications shall be entertained. The procedure to be followed in such cases is laid down in Appendix Six.',
	(int) 4 => '<p> 4. Rule 26.4 of the Secondary Schools Code, 2006 has been interpreted by the Division Bench of this Court in the matter of Shaikh Shafi Ahmed Khadarsab vs. The State of Maharashtra and others in Writ Petition No. 1138 of 2009 decided on 13<sup>th</sup> March, 2012. In paragraph-11 of the judgment cited supra, the Division Bench of this Court has observed thus:',
	(int) 5 => '<p> "11. For all these reasons, we hold that the instructions contained in para 26.4 of the S.S.Code that an application for change of an entry in the General Register of a school shall be entertained only on behalf of the pupil who is attending the school meaning thereby that it shall not be entertained on behalf of the pupil who has left the school, are directory and not mandatory. In our view, such an application can be entertained even after the pupil has left the school, provided the application is bona-fide and the pupil is able to satisfy that the original entry in the General Register of the school is erroneous. The application can be rejected if the entry is not shown to be erroneous and wrong. It, however, cannot be rejected without it being considered on merits, only on the technical ground that the application has been made after the pupil has left the school."',
	(int) 6 => '<p> 5. Appendix Six of the Secondary Schools Code, 2006 lays down the procedure in respect of making correction and change in names, surnames, caste/sub-caste, date of birth etc., Paragraph Nos.12 to 15 of Appendix Six reads thus:',
	(int) 7 => '<p> "<strong>Change in Caste or Sub-Caste (in respect of B.C. pupils only):</strong>',
	(int) 8 => '<p> (12) For making changes in caste or sub-caste of Backward Class pupils the guardian of the pupil shall make an application in Form No. 3 accompanying these rules.',
	(int) 9 => '<p> (13) Permission may be given to change the entries in the General Register of the school in respect of "caste" or "sub-caste" of Backward Class pupils in the following circumstances.',
	(int) 10 => '<p> (i) due to wrong entries made initially;',
	(int) 11 => '<p> (ii) due to change in religion;',
	(int) 12 => '<p> (iii) if the caste previously treated as non-backward was subsequently declared by Government as Backward or vice-versa.',
	(int) 13 => '<p> (iv) due to adoption;',
	(int) 14 => '<p> (v) due to inter-caste or inter-religion marriage;',
	(int) 15 => '<p> (14) For this purpose, the necessary certificates from the following authorities must accompany the application for change of caste or sub-caste:',
	(int) 16 => '<p> <strong>(a) For Reasons</strong>, (i),(ii) and (iii) above:',
	(int) 17 => '<p> In Greater Bombay (a) The Chief Presidency Magistrate or the Presidency Magistrate authorised by him;',
	(int) 18 => '<p> Or',
	(int) 19 => '<p> (b) Justice of Peace; or (Deleted)',
	(int) 20 => '<p> (c) Social, Welfare Officer, Greater Bombay, Bombay.',
	(int) 21 => '<p> In other areas (d) The District Magistrates or Executive Magistrates authorized by them;',
	(int) 22 => '<p> or',
	(int) 23 => '<p> (e) Honorary Magistrates; or (Deleted)',
	(int) 24 => '<p> (f) The Social Welfare Officer of the district concerned.',
	(int) 25 => '<p> (<strong>b) Due to adoption </strong>:',
	(int) 26 => '<p> The original adoption-deed or a certified copy of that deed or a certificate from stipendiary Magistrate showing the change in name (if any) and the caste or sub-caste changed as a result of adoption should accompany the application for change in caste or sub-caste.',
	(int) 27 => '<p> <strong>(c) Due to inter-caste or inter-religion marriage </strong>:',
	(int) 28 => '<p> A declaration by the parent or guardian attested by two witnesses and the student himself/herself or certified copy of the certificate of registration of marriage should accompany the application for change in caste or sub-caste along with the certificate from the concerned competent authority mentioned in (a) above showing that the caste or sub-caste has changed as a result of the marriage.',
	(int) 29 => '<p> <strong>(d) Due to any other reason </strong>:',
	(int) 30 => '<p> An affidavit made before a stipendiary Magistrate by the parent or guardian should accompany the application for change in caste of sub-caste.',
	(int) 31 => '<p> <strong>N.B</strong>.: The term "Backward Class" means and includes the following categories.',
	(int) 32 => '<table><tbody><tr><td>1<td>Scheduled castes and Schedule Caste converts to Buddhism.<td>As per Scheduled Castes and Scheduled Tribes Lists Modification Order, 1956, as adopted for Maharashtra State.</tr><tr><td>2<td>Scheduled Tribes including those outside specified areas.<td>Vide Part VII-A of the Seventh and Eighth Schedule of the Bombay Reorganisation Act, 1960 and orders issued by Government in this behalf from time to time.</tr><tr><td>3<td>DenotifiedTribes and Nomadic Tribes.<td>As per Government Resolution, Education and Social Welfare Deptt. No. CBC. 1361-M, dated 21<sup>st</sup> November 1961 and Government from time to time.</tr><tr><td>4<td>Other Classes.<td>Backward Castes which have been declared as belonging to the other Backward Classes by Government from time to time.</tr></tbody></table><strong>General</strong>:-<p> (Please also see Annexure 36).',
	(int) 33 => '<p> 15. An appeal against the decision of the Educational Inspector, Greater Bombay or as the case may be, the Education Officer, Zilla Parishad concerned, who has not sanctioned the change shall be submitted to the Deputy Director concerned within 30 days of the receipt of the order."',
	(int) 34 => '<p> 6. On fulfillment of requirements laid down under Appendix Six, the application tendered for effecting change in the entries recorded in school record can be entertained. Respondents were therefore not justified in turning down the application tendered by the petitioner on the ground that the entries recorded in the school record cannot be corrected after pupil has left school. The petition, therefore, deserves to be allowed and Education Officer (Primary), Zilla Parishad, Osmanabad is required to be directed to consider the application tendered by the petitioner to the school authorities and which has been forwarded to the Education Officer (Primary), Zilla Parishad, Osmanabad, in accordance with provisions of Secondary Schools Code, 2006. The orders passed by respondent Nos. 2 and 3 impugned in this petition, are quashed and set aside and the matter is remitted back to the Education Officer (Primary), Zilla Parishad, Osmanabad for reconsideration. The Education Officer (Primary), Zilla Parishad, Osmanabad shall proceed to take decision on the application in accordance with provisions of Secondary Schools Code, 2006 and the observations made in this judgment. The petitioner shall cause appearance before the Education Officer (Primary), Zilla Parishad, Osmanabad on 29th October, 2012 and as such, no separate notice requiring petitioner's appearance before respondent No. 3 shall be essential. Respondent No. 3 shall decide the application, as expeditiously as possible, preferably within eight (8) weeks from date of appearance of petitioner before him. Rule is accordingly made absolute. No order as to costs.',
	(int) 35 => '<p> 7. Pending civil application, if any, does not survive, same stands disposed of.',
	(int) 36 => ''
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"Change in Caste or Sub-Caste (in respect of B.C. pupils only):

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	'title_for_layout' => 'Vilas S O Dattatraya Ransubhe Vs the State of Maharashtra Through the Secretary School Education and Sports Department and Others - Citation 1105404 - Court Judgment | ',
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		'Judgement' => array(
			'id' => '1105404',
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			'appealno' => 'Writ Petition No.3266 of 2012 ',
			'appellant' => 'Vilas S/O Dattatraya Ransubhe',
			'authreffered' => null,
			'casename' => 'Vilas S/O Dattatraya Ransubhe Vs. the State of Maharashtra, Through the Secretary, School Education and Sports Department and Others',
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			'counselplain' => null,
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			'court' => 'Mumbai Aurangabad',
			'court_type' => 'HC',
			'decidedon' => '2012-10-08',
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			'judge' => 'R.M. BORDE & S.S. SHINDE',
			'judgement' => '<p style="text-align: justify;"><strong>Oral Judgment : [ R.M. Borde, J.]</strong><p style="text-align: justify;"> Rule. Rule made returnable forthwith.</p><p style="text-align: justify;"> With consent of the parties, the petition is taken up for final disposal at admission stage.</p><p style="text-align: justify;"> 2. The petitioner claims to be belonging to Bhavsar Kshetriya caste which is included in Other Backward Class category. The petitioner is serving as Conductor in Maharashtra State Road Transport Corporation. The school record of the petitioner records caste as 'Hindu Maratha'. According to the petitioner, while securing admission in school, his father has erroneously recorded the entry as 'Hindu Maratha'. He further contends that old record pertaining to his father, uncle and other near relatives show that they belong to 'Bhavsar Kehstriya caste'. The petitioner has also been issued caste certificate by the competent authority. The son of the petitioner has also been issued caste certificate by the competent authority certifying that he belongs to 'Bhavsar Kshetriya caste' and his caste claim has been validated by the competent Committee. The petitioner, therefore, tendered application to school where he was studying for onward transmission to the Education Officer (Primary), Zilla Parishad, Osmanabad for issuing directions for affecting necessary corrections. The school authority forwarded the application with favourable recommendation to the Education Officer. The Education Officer (Primary) by his order dated 1st November, 2011 was pleased to reject the application recording that since the petitioner has left the school, the application is not maintainable.</p><p style="text-align: justify;"> 3. The petitioner tendered appeal to the Deputy Director of Education, Latur Division, Latur,which was heard and disposed of by Deputy Director of Education, Latur Division, Latur on 30th January, 2012 and appeal came to be dismissed. The appellate authority has recorded in the order that rule 26.4, Appendix-Six of the Secondary Schools Code-2006 does not permit to make correction in the entries in respect of caste in the school record after pupil has left the school. According to the petitioner, reasons recorded by both the authorities for turning down his claim are erroneous and against the provisions of Secondary Schools Code, 2006. Rule 26.4 of the Secondary Schools Code, 2006 prescribe that application for change or correction of date of birth, name, surname, caste etc., as entered in the General Register shall be entertained from or on behalf of a pupil who is attending a school. It further provide that such application shall not be entertained from or on behalf of a pupil, who has left the school, as the same amounts not only to a change in the entries in the General Register but also to a change in the School Leaving Certificate. It has been further prescribed that, however, for the purposes like an admission to another educational institution the School Leaving certificate is relied upon as an evidence for name, surname, caste, date of birth etc., and in bonafide cases where wrong spelling of a word or an obvious mistake of the type mentioned in sub-rule 3 above is noticed any time after issue of the School Leaving Certificate and the same is required to be corrected so as to be consistent with the corresponding entries in the General Register of the school or those in the School Leaving Certificate issued by the previous school, such applications shall be entertained. The procedure to be followed in such cases is laid down in Appendix Six.</p><p style="text-align: justify;"> 4. Rule 26.4 of the Secondary Schools Code, 2006 has been interpreted by the Division Bench of this Court in the matter of Shaikh Shafi Ahmed Khadarsab vs. The State of Maharashtra and others in Writ Petition No. 1138 of 2009 decided on 13<sup>th</sup> March, 2012. In paragraph-11 of the judgment cited supra, the Division Bench of this Court has observed thus:</p><p style="text-align: justify;"> "11. For all these reasons, we hold that the instructions contained in para 26.4 of the S.S.Code that an application for change of an entry in the General Register of a school shall be entertained only on behalf of the pupil who is attending the school meaning thereby that it shall not be entertained on behalf of the pupil who has left the school, are directory and not mandatory. In our view, such an application can be entertained even after the pupil has left the school, provided the application is bona-fide and the pupil is able to satisfy that the original entry in the General Register of the school is erroneous. The application can be rejected if the entry is not shown to be erroneous and wrong. It, however, cannot be rejected without it being considered on merits, only on the technical ground that the application has been made after the pupil has left the school."</p><p style="text-align: justify;"> 5. Appendix Six of the Secondary Schools Code, 2006 lays down the procedure in respect of making correction and change in names, surnames, caste/sub-caste, date of birth etc., Paragraph Nos.12 to 15 of Appendix Six reads thus:</p><p style="text-align: justify;"> "<strong>Change in Caste or Sub-Caste (in respect of B.C. pupils only):</strong></p><p style="text-align: justify;"> (12) For making changes in caste or sub-caste of Backward Class pupils the guardian of the pupil shall make an application in Form No. 3 accompanying these rules.</p><p style="text-align: justify;"> (13) Permission may be given to change the entries in the General Register of the school in respect of "caste" or "sub-caste" of Backward Class pupils in the following circumstances.</p><p style="text-align: justify;"> (i) due to wrong entries made initially;</p><p style="text-align: justify;"> (ii) due to change in religion;</p><p style="text-align: justify;"> (iii) if the caste previously treated as non-backward was subsequently declared by Government as Backward or vice-versa.</p><p style="text-align: justify;"> (iv) due to adoption;</p><p style="text-align: justify;"> (v) due to inter-caste or inter-religion marriage;</p><p style="text-align: justify;"> (14) For this purpose, the necessary certificates from the following authorities must accompany the application for change of caste or sub-caste:</p><p style="text-align: justify;"> <strong>(a) For Reasons</strong>, (i),(ii) and (iii) above:</p><p style="text-align: justify;"> In Greater Bombay (a) The Chief Presidency Magistrate or the Presidency Magistrate authorised by him;</p><p style="text-align: justify;"> Or</p><p style="text-align: justify;"> (b) Justice of Peace; or (Deleted)</p><p style="text-align: justify;"> (c) Social, Welfare Officer, Greater Bombay, Bombay.</p><p style="text-align: justify;"> In other areas (d) The District Magistrates or Executive Magistrates authorized by them;</p><p style="text-align: justify;"> or</p><p style="text-align: justify;"> (e) Honorary Magistrates; or (Deleted)</p><p style="text-align: justify;"> (f) The Social Welfare Officer of the district concerned.</p><p style="text-align: justify;"> (<strong>b) Due to adoption </strong>:</p><p style="text-align: justify;"> The original adoption-deed or a certified copy of that deed or a certificate from stipendiary Magistrate showing the change in name (if any) and the caste or sub-caste changed as a result of adoption should accompany the application for change in caste or sub-caste.</p><p style="text-align: justify;"> <strong>(c) Due to inter-caste or inter-religion marriage </strong>:</p><p style="text-align: justify;"> A declaration by the parent or guardian attested by two witnesses and the student himself/herself or certified copy of the certificate of registration of marriage should accompany the application for change in caste or sub-caste along with the certificate from the concerned competent authority mentioned in (a) above showing that the caste or sub-caste has changed as a result of the marriage.</p><p style="text-align: justify;"> <strong>(d) Due to any other reason </strong>:</p><p style="text-align: justify;"> An affidavit made before a stipendiary Magistrate by the parent or guardian should accompany the application for change in caste of sub-caste.</p><p style="text-align: justify;"> <strong>N.B</strong>.: The term "Backward Class" means and includes the following categories.</p><table border="1" cellpadding="0" cellspacing="0"><tbody><tr><td style="width: 43px">1<td style="width: 251px">Scheduled castes and Schedule Caste converts to Buddhism.<td style="width: 282px">As per Scheduled Castes and Scheduled Tribes Lists Modification Order, 1956, as adopted for Maharashtra State.</tr><tr><td style="width: 43px">2<td style="width: 251px">Scheduled Tribes including those outside specified areas.<td style="width: 282px">Vide Part VII-A of the Seventh and Eighth Schedule of the Bombay Reorganisation Act, 1960 and orders issued by Government in this behalf from time to time.</tr><tr><td style="width: 43px">3<td style="width: 251px">DenotifiedTribes and Nomadic Tribes.<td style="width: 282px">As per Government Resolution, Education and Social Welfare Deptt. No. CBC. 1361-M, dated 21<sup>st</sup> November 1961 and Government from time to time.</tr><tr><td style="width: 43px">4<td style="width: 251px">Other Classes.<td style="width: 282px">Backward Castes which have been declared as belonging to the other Backward Classes by Government from time to time.</tr></tbody></table><strong>General</strong>:-<p style="text-align: justify;"> (Please also see Annexure 36).</p><p style="text-align: justify;"> 15. An appeal against the decision of the Educational Inspector, Greater Bombay or as the case may be, the Education Officer, Zilla Parishad concerned, who has not sanctioned the change shall be submitted to the Deputy Director concerned within 30 days of the receipt of the order."</p><p style="text-align: justify;"> 6. On fulfillment of requirements laid down under Appendix Six, the application tendered for effecting change in the entries recorded in school record can be entertained. Respondents were therefore not justified in turning down the application tendered by the petitioner on the ground that the entries recorded in the school record cannot be corrected after pupil has left school. The petition, therefore, deserves to be allowed and Education Officer (Primary), Zilla Parishad, Osmanabad is required to be directed to consider the application tendered by the petitioner to the school authorities and which has been forwarded to the Education Officer (Primary), Zilla Parishad, Osmanabad, in accordance with provisions of Secondary Schools Code, 2006. The orders passed by respondent Nos. 2 and 3 impugned in this petition, are quashed and set aside and the matter is remitted back to the Education Officer (Primary), Zilla Parishad, Osmanabad for reconsideration. The Education Officer (Primary), Zilla Parishad, Osmanabad shall proceed to take decision on the application in accordance with provisions of Secondary Schools Code, 2006 and the observations made in this judgment. The petitioner shall cause appearance before the Education Officer (Primary), Zilla Parishad, Osmanabad on 29th October, 2012 and as such, no separate notice requiring petitioner's appearance before respondent No. 3 shall be essential. Respondent No. 3 shall decide the application, as expeditiously as possible, preferably within eight (8) weeks from date of appearance of petitioner before him. Rule is accordingly made absolute. No order as to costs.</p><p style="text-align: justify;"> 7. Pending civil application, if any, does not survive, same stands disposed of.</p>',
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		'judgement' => '<p><strong>Oral Judgment : [ R.M. Borde, J.]</strong><p> Rule. Rule made returnable forthwith.</p><p> With consent of the parties, the petition is taken up for final disposal at admission stage.</p><p> 2. The petitioner claims to be belonging to Bhavsar Kshetriya caste which is included in Other Backward Class category. The petitioner is serving as Conductor in Maharashtra State Road Transport Corporation. The school record of the petitioner records caste as 'Hindu Maratha'. According to the petitioner, while securing admission in school, his father has erroneously recorded the entry as 'Hindu Maratha'. He further contends that old record pertaining to his father, uncle and other near relatives show that they belong to 'Bhavsar Kehstriya caste'. The petitioner has also been issued caste certificate by the competent authority. The son of the petitioner has also been issued caste certificate by the competent authority certifying that he belongs to 'Bhavsar Kshetriya caste' and his caste claim has been validated by the competent Committee. The petitioner, therefore, tendered application to school where he was studying for onward transmission to the Education Officer (Primary), Zilla Parishad, Osmanabad for issuing directions for affecting necessary corrections. The school authority forwarded the application with favourable recommendation to the Education Officer. The Education Officer (Primary) by his order dated 1st November, 2011 was pleased to reject the application recording that since the petitioner has left the school, the application is not maintainable.</p><p> 3. The petitioner tendered appeal to the Deputy Director of Education, Latur Division, Latur,which was heard and disposed of by Deputy Director of Education, Latur Division, Latur on 30th January, 2012 and appeal came to be dismissed. The appellate authority has recorded in the order that rule 26.4, Appendix-Six of the Secondary Schools Code-2006 does not permit to make correction in the entries in respect of caste in the school record after pupil has left the school. According to the petitioner, reasons recorded by both the authorities for turning down his claim are erroneous and against the provisions of Secondary Schools Code, 2006. Rule 26.4 of the Secondary Schools Code, 2006 prescribe that application for change or correction of date of birth, name, surname, caste etc., as entered in the General Register shall be entertained from or on behalf of a pupil who is attending a school. It further provide that such application shall not be entertained from or on behalf of a pupil, who has left the school, as the same amounts not only to a change in the entries in the General Register but also to a change in the School Leaving Certificate. It has been further prescribed that, however, for the purposes like an admission to another educational institution the School Leaving certificate is relied upon as an evidence for name, surname, caste, date of birth etc., and in bonafide cases where wrong spelling of a word or an obvious mistake of the type mentioned in sub-rule 3 above is noticed any time after issue of the School Leaving Certificate and the same is required to be corrected so as to be consistent with the corresponding entries in the General Register of the school or those in the School Leaving Certificate issued by the previous school, such applications shall be entertained. The procedure to be followed in such cases is laid down in Appendix Six.</p><p> 4. Rule 26.4 of the Secondary Schools Code, 2006 has been interpreted by the Division Bench of this Court in the matter of Shaikh Shafi Ahmed Khadarsab vs. The State of Maharashtra and others in Writ Petition No. 1138 of 2009 decided on 13<sup>th</sup> March, 2012. In paragraph-11 of the judgment cited supra, the Division Bench of this Court has observed thus:</p><p> "11. For all these reasons, we hold that the instructions contained in para 26.4 of the S.S.Code that an application for change of an entry in the General Register of a school shall be entertained only on behalf of the pupil who is attending the school meaning thereby that it shall not be entertained on behalf of the pupil who has left the school, are directory and not mandatory. In our view, such an application can be entertained even after the pupil has left the school, provided the application is bona-fide and the pupil is able to satisfy that the original entry in the General Register of the school is erroneous. The application can be rejected if the entry is not shown to be erroneous and wrong. It, however, cannot be rejected without it being considered on merits, only on the technical ground that the application has been made after the pupil has left the school."</p><p> 5. Appendix Six of the Secondary Schools Code, 2006 lays down the procedure in respect of making correction and change in names, surnames, caste/sub-caste, date of birth etc., Paragraph Nos.12 to 15 of Appendix Six reads thus:</p><p> "<strong>Change in Caste or Sub-Caste (in respect of B.C. pupils only):</strong></p><p> (12) For making changes in caste or sub-caste of Backward Class pupils the guardian of the pupil shall make an application in Form No. 3 accompanying these rules.</p><p> (13) Permission may be given to change the entries in the General Register of the school in respect of "caste" or "sub-caste" of Backward Class pupils in the following circumstances.</p><p> (i) due to wrong entries made initially;</p><p> (ii) due to change in religion;</p><p> (iii) if the caste previously treated as non-backward was subsequently declared by Government as Backward or vice-versa.</p><p> (iv) due to adoption;</p><p> (v) due to inter-caste or inter-religion marriage;</p><p> (14) For this purpose, the necessary certificates from the following authorities must accompany the application for change of caste or sub-caste:</p><p> <strong>(a) For Reasons</strong>, (i),(ii) and (iii) above:</p><p> In Greater Bombay (a) The Chief Presidency Magistrate or the Presidency Magistrate authorised by him;</p><p> Or</p><p> (b) Justice of Peace; or (Deleted)</p><p> (c) Social, Welfare Officer, Greater Bombay, Bombay.</p><p> In other areas (d) The District Magistrates or Executive Magistrates authorized by them;</p><p> or</p><p> (e) Honorary Magistrates; or (Deleted)</p><p> (f) The Social Welfare Officer of the district concerned.</p><p> (<strong>b) Due to adoption </strong>:</p><p> The original adoption-deed or a certified copy of that deed or a certificate from stipendiary Magistrate showing the change in name (if any) and the caste or sub-caste changed as a result of adoption should accompany the application for change in caste or sub-caste.</p><p> <strong>(c) Due to inter-caste or inter-religion marriage </strong>:</p><p> A declaration by the parent or guardian attested by two witnesses and the student himself/herself or certified copy of the certificate of registration of marriage should accompany the application for change in caste or sub-caste along with the certificate from the concerned competent authority mentioned in (a) above showing that the caste or sub-caste has changed as a result of the marriage.</p><p> <strong>(d) Due to any other reason </strong>:</p><p> An affidavit made before a stipendiary Magistrate by the parent or guardian should accompany the application for change in caste of sub-caste.</p><p> <strong>N.B</strong>.: The term "Backward Class" means and includes the following categories.</p><table><tbody><tr><td>1<td>Scheduled castes and Schedule Caste converts to Buddhism.<td>As per Scheduled Castes and Scheduled Tribes Lists Modification Order, 1956, as adopted for Maharashtra State.</tr><tr><td>2<td>Scheduled Tribes including those outside specified areas.<td>Vide Part VII-A of the Seventh and Eighth Schedule of the Bombay Reorganisation Act, 1960 and orders issued by Government in this behalf from time to time.</tr><tr><td>3<td>DenotifiedTribes and Nomadic Tribes.<td>As per Government Resolution, Education and Social Welfare Deptt. No. CBC. 1361-M, dated 21<sup>st</sup> November 1961 and Government from time to time.</tr><tr><td>4<td>Other Classes.<td>Backward Castes which have been declared as belonging to the other Backward Classes by Government from time to time.</tr></tbody></table><strong>General</strong>:-<p> (Please also see Annexure 36).</p><p> 15. An appeal against the decision of the Educational Inspector, Greater Bombay or as the case may be, the Education Officer, Zilla Parishad concerned, who has not sanctioned the change shall be submitted to the Deputy Director concerned within 30 days of the receipt of the order."</p><p> 6. On fulfillment of requirements laid down under Appendix Six, the application tendered for effecting change in the entries recorded in school record can be entertained. Respondents were therefore not justified in turning down the application tendered by the petitioner on the ground that the entries recorded in the school record cannot be corrected after pupil has left school. The petition, therefore, deserves to be allowed and Education Officer (Primary), Zilla Parishad, Osmanabad is required to be directed to consider the application tendered by the petitioner to the school authorities and which has been forwarded to the Education Officer (Primary), Zilla Parishad, Osmanabad, in accordance with provisions of Secondary Schools Code, 2006. The orders passed by respondent Nos. 2 and 3 impugned in this petition, are quashed and set aside and the matter is remitted back to the Education Officer (Primary), Zilla Parishad, Osmanabad for reconsideration. The Education Officer (Primary), Zilla Parishad, Osmanabad shall proceed to take decision on the application in accordance with provisions of Secondary Schools Code, 2006 and the observations made in this judgment. The petitioner shall cause appearance before the Education Officer (Primary), Zilla Parishad, Osmanabad on 29th October, 2012 and as such, no separate notice requiring petitioner's appearance before respondent No. 3 shall be essential. Respondent No. 3 shall decide the application, as expeditiously as possible, preferably within eight (8) weeks from date of appearance of petitioner before him. Rule is accordingly made absolute. No order as to costs.</p><p> 7. Pending civil application, if any, does not survive, same stands disposed of.</p>',
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	(int) 0 => '<p><strong>Oral Judgment : [ R.M. Borde, J.]</strong><p> Rule. Rule made returnable forthwith.',
	(int) 1 => '<p> With consent of the parties, the petition is taken up for final disposal at admission stage.',
	(int) 2 => '<p> 2. The petitioner claims to be belonging to Bhavsar Kshetriya caste which is included in Other Backward Class category. The petitioner is serving as Conductor in Maharashtra State Road Transport Corporation. The school record of the petitioner records caste as 'Hindu Maratha'. According to the petitioner, while securing admission in school, his father has erroneously recorded the entry as 'Hindu Maratha'. He further contends that old record pertaining to his father, uncle and other near relatives show that they belong to 'Bhavsar Kehstriya caste'. The petitioner has also been issued caste certificate by the competent authority. The son of the petitioner has also been issued caste certificate by the competent authority certifying that he belongs to 'Bhavsar Kshetriya caste' and his caste claim has been validated by the competent Committee. The petitioner, therefore, tendered application to school where he was studying for onward transmission to the Education Officer (Primary), Zilla Parishad, Osmanabad for issuing directions for affecting necessary corrections. The school authority forwarded the application with favourable recommendation to the Education Officer. The Education Officer (Primary) by his order dated 1st November, 2011 was pleased to reject the application recording that since the petitioner has left the school, the application is not maintainable.',
	(int) 3 => '<p> 3. The petitioner tendered appeal to the Deputy Director of Education, Latur Division, Latur,which was heard and disposed of by Deputy Director of Education, Latur Division, Latur on 30th January, 2012 and appeal came to be dismissed. The appellate authority has recorded in the order that rule 26.4, Appendix-Six of the Secondary Schools Code-2006 does not permit to make correction in the entries in respect of caste in the school record after pupil has left the school. According to the petitioner, reasons recorded by both the authorities for turning down his claim are erroneous and against the provisions of Secondary Schools Code, 2006. Rule 26.4 of the Secondary Schools Code, 2006 prescribe that application for change or correction of date of birth, name, surname, caste etc., as entered in the General Register shall be entertained from or on behalf of a pupil who is attending a school. It further provide that such application shall not be entertained from or on behalf of a pupil, who has left the school, as the same amounts not only to a change in the entries in the General Register but also to a change in the School Leaving Certificate. It has been further prescribed that, however, for the purposes like an admission to another educational institution the School Leaving certificate is relied upon as an evidence for name, surname, caste, date of birth etc., and in bonafide cases where wrong spelling of a word or an obvious mistake of the type mentioned in sub-rule 3 above is noticed any time after issue of the School Leaving Certificate and the same is required to be corrected so as to be consistent with the corresponding entries in the General Register of the school or those in the School Leaving Certificate issued by the previous school, such applications shall be entertained. The procedure to be followed in such cases is laid down in Appendix Six.',
	(int) 4 => '<p> 4. Rule 26.4 of the Secondary Schools Code, 2006 has been interpreted by the Division Bench of this Court in the matter of Shaikh Shafi Ahmed Khadarsab vs. The State of Maharashtra and others in Writ Petition No. 1138 of 2009 decided on 13<sup>th</sup> March, 2012. In paragraph-11 of the judgment cited supra, the Division Bench of this Court has observed thus:',
	(int) 5 => '<p> "11. For all these reasons, we hold that the instructions contained in para 26.4 of the S.S.Code that an application for change of an entry in the General Register of a school shall be entertained only on behalf of the pupil who is attending the school meaning thereby that it shall not be entertained on behalf of the pupil who has left the school, are directory and not mandatory. In our view, such an application can be entertained even after the pupil has left the school, provided the application is bona-fide and the pupil is able to satisfy that the original entry in the General Register of the school is erroneous. The application can be rejected if the entry is not shown to be erroneous and wrong. It, however, cannot be rejected without it being considered on merits, only on the technical ground that the application has been made after the pupil has left the school."',
	(int) 6 => '<p> 5. Appendix Six of the Secondary Schools Code, 2006 lays down the procedure in respect of making correction and change in names, surnames, caste/sub-caste, date of birth etc., Paragraph Nos.12 to 15 of Appendix Six reads thus:',
	(int) 7 => '<p> "<strong>Change in Caste or Sub-Caste (in respect of B.C. pupils only):</strong>',
	(int) 8 => '<p> (12) For making changes in caste or sub-caste of Backward Class pupils the guardian of the pupil shall make an application in Form No. 3 accompanying these rules.',
	(int) 9 => '<p> (13) Permission may be given to change the entries in the General Register of the school in respect of "caste" or "sub-caste" of Backward Class pupils in the following circumstances.',
	(int) 10 => '<p> (i) due to wrong entries made initially;',
	(int) 11 => '<p> (ii) due to change in religion;',
	(int) 12 => '<p> (iii) if the caste previously treated as non-backward was subsequently declared by Government as Backward or vice-versa.',
	(int) 13 => '<p> (iv) due to adoption;',
	(int) 14 => '<p> (v) due to inter-caste or inter-religion marriage;',
	(int) 15 => '<p> (14) For this purpose, the necessary certificates from the following authorities must accompany the application for change of caste or sub-caste:',
	(int) 16 => '<p> <strong>(a) For Reasons</strong>, (i),(ii) and (iii) above:',
	(int) 17 => '<p> In Greater Bombay (a) The Chief Presidency Magistrate or the Presidency Magistrate authorised by him;',
	(int) 18 => '<p> Or',
	(int) 19 => '<p> (b) Justice of Peace; or (Deleted)',
	(int) 20 => '<p> (c) Social, Welfare Officer, Greater Bombay, Bombay.',
	(int) 21 => '<p> In other areas (d) The District Magistrates or Executive Magistrates authorized by them;',
	(int) 22 => '<p> or',
	(int) 23 => '<p> (e) Honorary Magistrates; or (Deleted)',
	(int) 24 => '<p> (f) The Social Welfare Officer of the district concerned.',
	(int) 25 => '<p> (<strong>b) Due to adoption </strong>:',
	(int) 26 => '<p> The original adoption-deed or a certified copy of that deed or a certificate from stipendiary Magistrate showing the change in name (if any) and the caste or sub-caste changed as a result of adoption should accompany the application for change in caste or sub-caste.',
	(int) 27 => '<p> <strong>(c) Due to inter-caste or inter-religion marriage </strong>:',
	(int) 28 => '<p> A declaration by the parent or guardian attested by two witnesses and the student himself/herself or certified copy of the certificate of registration of marriage should accompany the application for change in caste or sub-caste along with the certificate from the concerned competent authority mentioned in (a) above showing that the caste or sub-caste has changed as a result of the marriage.',
	(int) 29 => '<p> <strong>(d) Due to any other reason </strong>:',
	(int) 30 => '<p> An affidavit made before a stipendiary Magistrate by the parent or guardian should accompany the application for change in caste of sub-caste.',
	(int) 31 => '<p> <strong>N.B</strong>.: The term "Backward Class" means and includes the following categories.',
	(int) 32 => '<table><tbody><tr><td>1<td>Scheduled castes and Schedule Caste converts to Buddhism.<td>As per Scheduled Castes and Scheduled Tribes Lists Modification Order, 1956, as adopted for Maharashtra State.</tr><tr><td>2<td>Scheduled Tribes including those outside specified areas.<td>Vide Part VII-A of the Seventh and Eighth Schedule of the Bombay Reorganisation Act, 1960 and orders issued by Government in this behalf from time to time.</tr><tr><td>3<td>DenotifiedTribes and Nomadic Tribes.<td>As per Government Resolution, Education and Social Welfare Deptt. No. CBC. 1361-M, dated 21<sup>st</sup> November 1961 and Government from time to time.</tr><tr><td>4<td>Other Classes.<td>Backward Castes which have been declared as belonging to the other Backward Classes by Government from time to time.</tr></tbody></table><strong>General</strong>:-<p> (Please also see Annexure 36).',
	(int) 33 => '<p> 15. An appeal against the decision of the Educational Inspector, Greater Bombay or as the case may be, the Education Officer, Zilla Parishad concerned, who has not sanctioned the change shall be submitted to the Deputy Director concerned within 30 days of the receipt of the order."',
	(int) 34 => '<p> 6. On fulfillment of requirements laid down under Appendix Six, the application tendered for effecting change in the entries recorded in school record can be entertained. Respondents were therefore not justified in turning down the application tendered by the petitioner on the ground that the entries recorded in the school record cannot be corrected after pupil has left school. The petition, therefore, deserves to be allowed and Education Officer (Primary), Zilla Parishad, Osmanabad is required to be directed to consider the application tendered by the petitioner to the school authorities and which has been forwarded to the Education Officer (Primary), Zilla Parishad, Osmanabad, in accordance with provisions of Secondary Schools Code, 2006. The orders passed by respondent Nos. 2 and 3 impugned in this petition, are quashed and set aside and the matter is remitted back to the Education Officer (Primary), Zilla Parishad, Osmanabad for reconsideration. The Education Officer (Primary), Zilla Parishad, Osmanabad shall proceed to take decision on the application in accordance with provisions of Secondary Schools Code, 2006 and the observations made in this judgment. The petitioner shall cause appearance before the Education Officer (Primary), Zilla Parishad, Osmanabad on 29th October, 2012 and as such, no separate notice requiring petitioner's appearance before respondent No. 3 shall be essential. Respondent No. 3 shall decide the application, as expeditiously as possible, preferably within eight (8) weeks from date of appearance of petitioner before him. Rule is accordingly made absolute. No order as to costs.',
	(int) 35 => '<p> 7. Pending civil application, if any, does not survive, same stands disposed of.',
	(int) 36 => ''
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(12) For making changes in caste or sub-caste of Backward Class pupils the guardian of the pupil shall make an application in Form No. 3 accompanying these rules.

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			'judgement' => '<p style="text-align: justify;"><strong>Oral Judgment : [ R.M. Borde, J.]</strong><p style="text-align: justify;"> Rule. Rule made returnable forthwith.</p><p style="text-align: justify;"> With consent of the parties, the petition is taken up for final disposal at admission stage.</p><p style="text-align: justify;"> 2. The petitioner claims to be belonging to Bhavsar Kshetriya caste which is included in Other Backward Class category. The petitioner is serving as Conductor in Maharashtra State Road Transport Corporation. The school record of the petitioner records caste as 'Hindu Maratha'. According to the petitioner, while securing admission in school, his father has erroneously recorded the entry as 'Hindu Maratha'. He further contends that old record pertaining to his father, uncle and other near relatives show that they belong to 'Bhavsar Kehstriya caste'. The petitioner has also been issued caste certificate by the competent authority. The son of the petitioner has also been issued caste certificate by the competent authority certifying that he belongs to 'Bhavsar Kshetriya caste' and his caste claim has been validated by the competent Committee. The petitioner, therefore, tendered application to school where he was studying for onward transmission to the Education Officer (Primary), Zilla Parishad, Osmanabad for issuing directions for affecting necessary corrections. The school authority forwarded the application with favourable recommendation to the Education Officer. The Education Officer (Primary) by his order dated 1st November, 2011 was pleased to reject the application recording that since the petitioner has left the school, the application is not maintainable.</p><p style="text-align: justify;"> 3. The petitioner tendered appeal to the Deputy Director of Education, Latur Division, Latur,which was heard and disposed of by Deputy Director of Education, Latur Division, Latur on 30th January, 2012 and appeal came to be dismissed. The appellate authority has recorded in the order that rule 26.4, Appendix-Six of the Secondary Schools Code-2006 does not permit to make correction in the entries in respect of caste in the school record after pupil has left the school. According to the petitioner, reasons recorded by both the authorities for turning down his claim are erroneous and against the provisions of Secondary Schools Code, 2006. Rule 26.4 of the Secondary Schools Code, 2006 prescribe that application for change or correction of date of birth, name, surname, caste etc., as entered in the General Register shall be entertained from or on behalf of a pupil who is attending a school. It further provide that such application shall not be entertained from or on behalf of a pupil, who has left the school, as the same amounts not only to a change in the entries in the General Register but also to a change in the School Leaving Certificate. It has been further prescribed that, however, for the purposes like an admission to another educational institution the School Leaving certificate is relied upon as an evidence for name, surname, caste, date of birth etc., and in bonafide cases where wrong spelling of a word or an obvious mistake of the type mentioned in sub-rule 3 above is noticed any time after issue of the School Leaving Certificate and the same is required to be corrected so as to be consistent with the corresponding entries in the General Register of the school or those in the School Leaving Certificate issued by the previous school, such applications shall be entertained. The procedure to be followed in such cases is laid down in Appendix Six.</p><p style="text-align: justify;"> 4. Rule 26.4 of the Secondary Schools Code, 2006 has been interpreted by the Division Bench of this Court in the matter of Shaikh Shafi Ahmed Khadarsab vs. The State of Maharashtra and others in Writ Petition No. 1138 of 2009 decided on 13<sup>th</sup> March, 2012. In paragraph-11 of the judgment cited supra, the Division Bench of this Court has observed thus:</p><p style="text-align: justify;"> "11. For all these reasons, we hold that the instructions contained in para 26.4 of the S.S.Code that an application for change of an entry in the General Register of a school shall be entertained only on behalf of the pupil who is attending the school meaning thereby that it shall not be entertained on behalf of the pupil who has left the school, are directory and not mandatory. In our view, such an application can be entertained even after the pupil has left the school, provided the application is bona-fide and the pupil is able to satisfy that the original entry in the General Register of the school is erroneous. The application can be rejected if the entry is not shown to be erroneous and wrong. It, however, cannot be rejected without it being considered on merits, only on the technical ground that the application has been made after the pupil has left the school."</p><p style="text-align: justify;"> 5. Appendix Six of the Secondary Schools Code, 2006 lays down the procedure in respect of making correction and change in names, surnames, caste/sub-caste, date of birth etc., Paragraph Nos.12 to 15 of Appendix Six reads thus:</p><p style="text-align: justify;"> "<strong>Change in Caste or Sub-Caste (in respect of B.C. pupils only):</strong></p><p style="text-align: justify;"> (12) For making changes in caste or sub-caste of Backward Class pupils the guardian of the pupil shall make an application in Form No. 3 accompanying these rules.</p><p style="text-align: justify;"> (13) Permission may be given to change the entries in the General Register of the school in respect of "caste" or "sub-caste" of Backward Class pupils in the following circumstances.</p><p style="text-align: justify;"> (i) due to wrong entries made initially;</p><p style="text-align: justify;"> (ii) due to change in religion;</p><p style="text-align: justify;"> (iii) if the caste previously treated as non-backward was subsequently declared by Government as Backward or vice-versa.</p><p style="text-align: justify;"> (iv) due to adoption;</p><p style="text-align: justify;"> (v) due to inter-caste or inter-religion marriage;</p><p style="text-align: justify;"> (14) For this purpose, the necessary certificates from the following authorities must accompany the application for change of caste or sub-caste:</p><p style="text-align: justify;"> <strong>(a) For Reasons</strong>, (i),(ii) and (iii) above:</p><p style="text-align: justify;"> In Greater Bombay (a) The Chief Presidency Magistrate or the Presidency Magistrate authorised by him;</p><p style="text-align: justify;"> Or</p><p style="text-align: justify;"> (b) Justice of Peace; or (Deleted)</p><p style="text-align: justify;"> (c) Social, Welfare Officer, Greater Bombay, Bombay.</p><p style="text-align: justify;"> In other areas (d) The District Magistrates or Executive Magistrates authorized by them;</p><p style="text-align: justify;"> or</p><p style="text-align: justify;"> (e) Honorary Magistrates; or (Deleted)</p><p style="text-align: justify;"> (f) The Social Welfare Officer of the district concerned.</p><p style="text-align: justify;"> (<strong>b) Due to adoption </strong>:</p><p style="text-align: justify;"> The original adoption-deed or a certified copy of that deed or a certificate from stipendiary Magistrate showing the change in name (if any) and the caste or sub-caste changed as a result of adoption should accompany the application for change in caste or sub-caste.</p><p style="text-align: justify;"> <strong>(c) Due to inter-caste or inter-religion marriage </strong>:</p><p style="text-align: justify;"> A declaration by the parent or guardian attested by two witnesses and the student himself/herself or certified copy of the certificate of registration of marriage should accompany the application for change in caste or sub-caste along with the certificate from the concerned competent authority mentioned in (a) above showing that the caste or sub-caste has changed as a result of the marriage.</p><p style="text-align: justify;"> <strong>(d) Due to any other reason </strong>:</p><p style="text-align: justify;"> An affidavit made before a stipendiary Magistrate by the parent or guardian should accompany the application for change in caste of sub-caste.</p><p style="text-align: justify;"> <strong>N.B</strong>.: The term "Backward Class" means and includes the following categories.</p><table border="1" cellpadding="0" cellspacing="0"><tbody><tr><td style="width: 43px">1<td style="width: 251px">Scheduled castes and Schedule Caste converts to Buddhism.<td style="width: 282px">As per Scheduled Castes and Scheduled Tribes Lists Modification Order, 1956, as adopted for Maharashtra State.</tr><tr><td style="width: 43px">2<td style="width: 251px">Scheduled Tribes including those outside specified areas.<td style="width: 282px">Vide Part VII-A of the Seventh and Eighth Schedule of the Bombay Reorganisation Act, 1960 and orders issued by Government in this behalf from time to time.</tr><tr><td style="width: 43px">3<td style="width: 251px">DenotifiedTribes and Nomadic Tribes.<td style="width: 282px">As per Government Resolution, Education and Social Welfare Deptt. No. CBC. 1361-M, dated 21<sup>st</sup> November 1961 and Government from time to time.</tr><tr><td style="width: 43px">4<td style="width: 251px">Other Classes.<td style="width: 282px">Backward Castes which have been declared as belonging to the other Backward Classes by Government from time to time.</tr></tbody></table><strong>General</strong>:-<p style="text-align: justify;"> (Please also see Annexure 36).</p><p style="text-align: justify;"> 15. An appeal against the decision of the Educational Inspector, Greater Bombay or as the case may be, the Education Officer, Zilla Parishad concerned, who has not sanctioned the change shall be submitted to the Deputy Director concerned within 30 days of the receipt of the order."</p><p style="text-align: justify;"> 6. On fulfillment of requirements laid down under Appendix Six, the application tendered for effecting change in the entries recorded in school record can be entertained. Respondents were therefore not justified in turning down the application tendered by the petitioner on the ground that the entries recorded in the school record cannot be corrected after pupil has left school. The petition, therefore, deserves to be allowed and Education Officer (Primary), Zilla Parishad, Osmanabad is required to be directed to consider the application tendered by the petitioner to the school authorities and which has been forwarded to the Education Officer (Primary), Zilla Parishad, Osmanabad, in accordance with provisions of Secondary Schools Code, 2006. The orders passed by respondent Nos. 2 and 3 impugned in this petition, are quashed and set aside and the matter is remitted back to the Education Officer (Primary), Zilla Parishad, Osmanabad for reconsideration. The Education Officer (Primary), Zilla Parishad, Osmanabad shall proceed to take decision on the application in accordance with provisions of Secondary Schools Code, 2006 and the observations made in this judgment. The petitioner shall cause appearance before the Education Officer (Primary), Zilla Parishad, Osmanabad on 29th October, 2012 and as such, no separate notice requiring petitioner's appearance before respondent No. 3 shall be essential. Respondent No. 3 shall decide the application, as expeditiously as possible, preferably within eight (8) weeks from date of appearance of petitioner before him. Rule is accordingly made absolute. No order as to costs.</p><p style="text-align: justify;"> 7. Pending civil application, if any, does not survive, same stands disposed of.</p>',
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		'appealno' => 'Writ Petition No.3266 of 2012 ',
		'appellant' => 'Vilas S/O Dattatraya Ransubhe',
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		'casename' => 'Vilas S/O Dattatraya Ransubhe Vs. the State of Maharashtra, Through the Secretary, School Education and Sports Department and Others',
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		'decidedon' => '2012-10-08',
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		'judge' => 'R.M. BORDE &amp; S.S. SHINDE',
		'judgement' => '<p><strong>Oral Judgment : [ R.M. Borde, J.]</strong><p> Rule. Rule made returnable forthwith.</p><p> With consent of the parties, the petition is taken up for final disposal at admission stage.</p><p> 2. The petitioner claims to be belonging to Bhavsar Kshetriya caste which is included in Other Backward Class category. The petitioner is serving as Conductor in Maharashtra State Road Transport Corporation. The school record of the petitioner records caste as 'Hindu Maratha'. According to the petitioner, while securing admission in school, his father has erroneously recorded the entry as 'Hindu Maratha'. He further contends that old record pertaining to his father, uncle and other near relatives show that they belong to 'Bhavsar Kehstriya caste'. The petitioner has also been issued caste certificate by the competent authority. The son of the petitioner has also been issued caste certificate by the competent authority certifying that he belongs to 'Bhavsar Kshetriya caste' and his caste claim has been validated by the competent Committee. The petitioner, therefore, tendered application to school where he was studying for onward transmission to the Education Officer (Primary), Zilla Parishad, Osmanabad for issuing directions for affecting necessary corrections. The school authority forwarded the application with favourable recommendation to the Education Officer. The Education Officer (Primary) by his order dated 1st November, 2011 was pleased to reject the application recording that since the petitioner has left the school, the application is not maintainable.</p><p> 3. The petitioner tendered appeal to the Deputy Director of Education, Latur Division, Latur,which was heard and disposed of by Deputy Director of Education, Latur Division, Latur on 30th January, 2012 and appeal came to be dismissed. The appellate authority has recorded in the order that rule 26.4, Appendix-Six of the Secondary Schools Code-2006 does not permit to make correction in the entries in respect of caste in the school record after pupil has left the school. According to the petitioner, reasons recorded by both the authorities for turning down his claim are erroneous and against the provisions of Secondary Schools Code, 2006. Rule 26.4 of the Secondary Schools Code, 2006 prescribe that application for change or correction of date of birth, name, surname, caste etc., as entered in the General Register shall be entertained from or on behalf of a pupil who is attending a school. It further provide that such application shall not be entertained from or on behalf of a pupil, who has left the school, as the same amounts not only to a change in the entries in the General Register but also to a change in the School Leaving Certificate. It has been further prescribed that, however, for the purposes like an admission to another educational institution the School Leaving certificate is relied upon as an evidence for name, surname, caste, date of birth etc., and in bonafide cases where wrong spelling of a word or an obvious mistake of the type mentioned in sub-rule 3 above is noticed any time after issue of the School Leaving Certificate and the same is required to be corrected so as to be consistent with the corresponding entries in the General Register of the school or those in the School Leaving Certificate issued by the previous school, such applications shall be entertained. The procedure to be followed in such cases is laid down in Appendix Six.</p><p> 4. Rule 26.4 of the Secondary Schools Code, 2006 has been interpreted by the Division Bench of this Court in the matter of Shaikh Shafi Ahmed Khadarsab vs. The State of Maharashtra and others in Writ Petition No. 1138 of 2009 decided on 13<sup>th</sup> March, 2012. In paragraph-11 of the judgment cited supra, the Division Bench of this Court has observed thus:</p><p> "11. For all these reasons, we hold that the instructions contained in para 26.4 of the S.S.Code that an application for change of an entry in the General Register of a school shall be entertained only on behalf of the pupil who is attending the school meaning thereby that it shall not be entertained on behalf of the pupil who has left the school, are directory and not mandatory. In our view, such an application can be entertained even after the pupil has left the school, provided the application is bona-fide and the pupil is able to satisfy that the original entry in the General Register of the school is erroneous. The application can be rejected if the entry is not shown to be erroneous and wrong. It, however, cannot be rejected without it being considered on merits, only on the technical ground that the application has been made after the pupil has left the school."</p><p> 5. Appendix Six of the Secondary Schools Code, 2006 lays down the procedure in respect of making correction and change in names, surnames, caste/sub-caste, date of birth etc., Paragraph Nos.12 to 15 of Appendix Six reads thus:</p><p> "<strong>Change in Caste or Sub-Caste (in respect of B.C. pupils only):</strong></p><p> (12) For making changes in caste or sub-caste of Backward Class pupils the guardian of the pupil shall make an application in Form No. 3 accompanying these rules.</p><p> (13) Permission may be given to change the entries in the General Register of the school in respect of "caste" or "sub-caste" of Backward Class pupils in the following circumstances.</p><p> (i) due to wrong entries made initially;</p><p> (ii) due to change in religion;</p><p> (iii) if the caste previously treated as non-backward was subsequently declared by Government as Backward or vice-versa.</p><p> (iv) due to adoption;</p><p> (v) due to inter-caste or inter-religion marriage;</p><p> (14) For this purpose, the necessary certificates from the following authorities must accompany the application for change of caste or sub-caste:</p><p> <strong>(a) For Reasons</strong>, (i),(ii) and (iii) above:</p><p> In Greater Bombay (a) The Chief Presidency Magistrate or the Presidency Magistrate authorised by him;</p><p> Or</p><p> (b) Justice of Peace; or (Deleted)</p><p> (c) Social, Welfare Officer, Greater Bombay, Bombay.</p><p> In other areas (d) The District Magistrates or Executive Magistrates authorized by them;</p><p> or</p><p> (e) Honorary Magistrates; or (Deleted)</p><p> (f) The Social Welfare Officer of the district concerned.</p><p> (<strong>b) Due to adoption </strong>:</p><p> The original adoption-deed or a certified copy of that deed or a certificate from stipendiary Magistrate showing the change in name (if any) and the caste or sub-caste changed as a result of adoption should accompany the application for change in caste or sub-caste.</p><p> <strong>(c) Due to inter-caste or inter-religion marriage </strong>:</p><p> A declaration by the parent or guardian attested by two witnesses and the student himself/herself or certified copy of the certificate of registration of marriage should accompany the application for change in caste or sub-caste along with the certificate from the concerned competent authority mentioned in (a) above showing that the caste or sub-caste has changed as a result of the marriage.</p><p> <strong>(d) Due to any other reason </strong>:</p><p> An affidavit made before a stipendiary Magistrate by the parent or guardian should accompany the application for change in caste of sub-caste.</p><p> <strong>N.B</strong>.: The term "Backward Class" means and includes the following categories.</p><table><tbody><tr><td>1<td>Scheduled castes and Schedule Caste converts to Buddhism.<td>As per Scheduled Castes and Scheduled Tribes Lists Modification Order, 1956, as adopted for Maharashtra State.</tr><tr><td>2<td>Scheduled Tribes including those outside specified areas.<td>Vide Part VII-A of the Seventh and Eighth Schedule of the Bombay Reorganisation Act, 1960 and orders issued by Government in this behalf from time to time.</tr><tr><td>3<td>DenotifiedTribes and Nomadic Tribes.<td>As per Government Resolution, Education and Social Welfare Deptt. No. CBC. 1361-M, dated 21<sup>st</sup> November 1961 and Government from time to time.</tr><tr><td>4<td>Other Classes.<td>Backward Castes which have been declared as belonging to the other Backward Classes by Government from time to time.</tr></tbody></table><strong>General</strong>:-<p> (Please also see Annexure 36).</p><p> 15. An appeal against the decision of the Educational Inspector, Greater Bombay or as the case may be, the Education Officer, Zilla Parishad concerned, who has not sanctioned the change shall be submitted to the Deputy Director concerned within 30 days of the receipt of the order."</p><p> 6. On fulfillment of requirements laid down under Appendix Six, the application tendered for effecting change in the entries recorded in school record can be entertained. Respondents were therefore not justified in turning down the application tendered by the petitioner on the ground that the entries recorded in the school record cannot be corrected after pupil has left school. The petition, therefore, deserves to be allowed and Education Officer (Primary), Zilla Parishad, Osmanabad is required to be directed to consider the application tendered by the petitioner to the school authorities and which has been forwarded to the Education Officer (Primary), Zilla Parishad, Osmanabad, in accordance with provisions of Secondary Schools Code, 2006. The orders passed by respondent Nos. 2 and 3 impugned in this petition, are quashed and set aside and the matter is remitted back to the Education Officer (Primary), Zilla Parishad, Osmanabad for reconsideration. The Education Officer (Primary), Zilla Parishad, Osmanabad shall proceed to take decision on the application in accordance with provisions of Secondary Schools Code, 2006 and the observations made in this judgment. The petitioner shall cause appearance before the Education Officer (Primary), Zilla Parishad, Osmanabad on 29th October, 2012 and as such, no separate notice requiring petitioner's appearance before respondent No. 3 shall be essential. Respondent No. 3 shall decide the application, as expeditiously as possible, preferably within eight (8) weeks from date of appearance of petitioner before him. Rule is accordingly made absolute. No order as to costs.</p><p> 7. Pending civil application, if any, does not survive, same stands disposed of.</p>',
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	(int) 0 => '<p><strong>Oral Judgment : [ R.M. Borde, J.]</strong><p> Rule. Rule made returnable forthwith.',
	(int) 1 => '<p> With consent of the parties, the petition is taken up for final disposal at admission stage.',
	(int) 2 => '<p> 2. The petitioner claims to be belonging to Bhavsar Kshetriya caste which is included in Other Backward Class category. The petitioner is serving as Conductor in Maharashtra State Road Transport Corporation. The school record of the petitioner records caste as 'Hindu Maratha'. According to the petitioner, while securing admission in school, his father has erroneously recorded the entry as 'Hindu Maratha'. He further contends that old record pertaining to his father, uncle and other near relatives show that they belong to 'Bhavsar Kehstriya caste'. The petitioner has also been issued caste certificate by the competent authority. The son of the petitioner has also been issued caste certificate by the competent authority certifying that he belongs to 'Bhavsar Kshetriya caste' and his caste claim has been validated by the competent Committee. The petitioner, therefore, tendered application to school where he was studying for onward transmission to the Education Officer (Primary), Zilla Parishad, Osmanabad for issuing directions for affecting necessary corrections. The school authority forwarded the application with favourable recommendation to the Education Officer. The Education Officer (Primary) by his order dated 1st November, 2011 was pleased to reject the application recording that since the petitioner has left the school, the application is not maintainable.',
	(int) 3 => '<p> 3. The petitioner tendered appeal to the Deputy Director of Education, Latur Division, Latur,which was heard and disposed of by Deputy Director of Education, Latur Division, Latur on 30th January, 2012 and appeal came to be dismissed. The appellate authority has recorded in the order that rule 26.4, Appendix-Six of the Secondary Schools Code-2006 does not permit to make correction in the entries in respect of caste in the school record after pupil has left the school. According to the petitioner, reasons recorded by both the authorities for turning down his claim are erroneous and against the provisions of Secondary Schools Code, 2006. Rule 26.4 of the Secondary Schools Code, 2006 prescribe that application for change or correction of date of birth, name, surname, caste etc., as entered in the General Register shall be entertained from or on behalf of a pupil who is attending a school. It further provide that such application shall not be entertained from or on behalf of a pupil, who has left the school, as the same amounts not only to a change in the entries in the General Register but also to a change in the School Leaving Certificate. It has been further prescribed that, however, for the purposes like an admission to another educational institution the School Leaving certificate is relied upon as an evidence for name, surname, caste, date of birth etc., and in bonafide cases where wrong spelling of a word or an obvious mistake of the type mentioned in sub-rule 3 above is noticed any time after issue of the School Leaving Certificate and the same is required to be corrected so as to be consistent with the corresponding entries in the General Register of the school or those in the School Leaving Certificate issued by the previous school, such applications shall be entertained. The procedure to be followed in such cases is laid down in Appendix Six.',
	(int) 4 => '<p> 4. Rule 26.4 of the Secondary Schools Code, 2006 has been interpreted by the Division Bench of this Court in the matter of Shaikh Shafi Ahmed Khadarsab vs. The State of Maharashtra and others in Writ Petition No. 1138 of 2009 decided on 13<sup>th</sup> March, 2012. In paragraph-11 of the judgment cited supra, the Division Bench of this Court has observed thus:',
	(int) 5 => '<p> "11. For all these reasons, we hold that the instructions contained in para 26.4 of the S.S.Code that an application for change of an entry in the General Register of a school shall be entertained only on behalf of the pupil who is attending the school meaning thereby that it shall not be entertained on behalf of the pupil who has left the school, are directory and not mandatory. In our view, such an application can be entertained even after the pupil has left the school, provided the application is bona-fide and the pupil is able to satisfy that the original entry in the General Register of the school is erroneous. The application can be rejected if the entry is not shown to be erroneous and wrong. It, however, cannot be rejected without it being considered on merits, only on the technical ground that the application has been made after the pupil has left the school."',
	(int) 6 => '<p> 5. Appendix Six of the Secondary Schools Code, 2006 lays down the procedure in respect of making correction and change in names, surnames, caste/sub-caste, date of birth etc., Paragraph Nos.12 to 15 of Appendix Six reads thus:',
	(int) 7 => '<p> "<strong>Change in Caste or Sub-Caste (in respect of B.C. pupils only):</strong>',
	(int) 8 => '<p> (12) For making changes in caste or sub-caste of Backward Class pupils the guardian of the pupil shall make an application in Form No. 3 accompanying these rules.',
	(int) 9 => '<p> (13) Permission may be given to change the entries in the General Register of the school in respect of "caste" or "sub-caste" of Backward Class pupils in the following circumstances.',
	(int) 10 => '<p> (i) due to wrong entries made initially;',
	(int) 11 => '<p> (ii) due to change in religion;',
	(int) 12 => '<p> (iii) if the caste previously treated as non-backward was subsequently declared by Government as Backward or vice-versa.',
	(int) 13 => '<p> (iv) due to adoption;',
	(int) 14 => '<p> (v) due to inter-caste or inter-religion marriage;',
	(int) 15 => '<p> (14) For this purpose, the necessary certificates from the following authorities must accompany the application for change of caste or sub-caste:',
	(int) 16 => '<p> <strong>(a) For Reasons</strong>, (i),(ii) and (iii) above:',
	(int) 17 => '<p> In Greater Bombay (a) The Chief Presidency Magistrate or the Presidency Magistrate authorised by him;',
	(int) 18 => '<p> Or',
	(int) 19 => '<p> (b) Justice of Peace; or (Deleted)',
	(int) 20 => '<p> (c) Social, Welfare Officer, Greater Bombay, Bombay.',
	(int) 21 => '<p> In other areas (d) The District Magistrates or Executive Magistrates authorized by them;',
	(int) 22 => '<p> or',
	(int) 23 => '<p> (e) Honorary Magistrates; or (Deleted)',
	(int) 24 => '<p> (f) The Social Welfare Officer of the district concerned.',
	(int) 25 => '<p> (<strong>b) Due to adoption </strong>:',
	(int) 26 => '<p> The original adoption-deed or a certified copy of that deed or a certificate from stipendiary Magistrate showing the change in name (if any) and the caste or sub-caste changed as a result of adoption should accompany the application for change in caste or sub-caste.',
	(int) 27 => '<p> <strong>(c) Due to inter-caste or inter-religion marriage </strong>:',
	(int) 28 => '<p> A declaration by the parent or guardian attested by two witnesses and the student himself/herself or certified copy of the certificate of registration of marriage should accompany the application for change in caste or sub-caste along with the certificate from the concerned competent authority mentioned in (a) above showing that the caste or sub-caste has changed as a result of the marriage.',
	(int) 29 => '<p> <strong>(d) Due to any other reason </strong>:',
	(int) 30 => '<p> An affidavit made before a stipendiary Magistrate by the parent or guardian should accompany the application for change in caste of sub-caste.',
	(int) 31 => '<p> <strong>N.B</strong>.: The term "Backward Class" means and includes the following categories.',
	(int) 32 => '<table><tbody><tr><td>1<td>Scheduled castes and Schedule Caste converts to Buddhism.<td>As per Scheduled Castes and Scheduled Tribes Lists Modification Order, 1956, as adopted for Maharashtra State.</tr><tr><td>2<td>Scheduled Tribes including those outside specified areas.<td>Vide Part VII-A of the Seventh and Eighth Schedule of the Bombay Reorganisation Act, 1960 and orders issued by Government in this behalf from time to time.</tr><tr><td>3<td>DenotifiedTribes and Nomadic Tribes.<td>As per Government Resolution, Education and Social Welfare Deptt. No. CBC. 1361-M, dated 21<sup>st</sup> November 1961 and Government from time to time.</tr><tr><td>4<td>Other Classes.<td>Backward Castes which have been declared as belonging to the other Backward Classes by Government from time to time.</tr></tbody></table><strong>General</strong>:-<p> (Please also see Annexure 36).',
	(int) 33 => '<p> 15. An appeal against the decision of the Educational Inspector, Greater Bombay or as the case may be, the Education Officer, Zilla Parishad concerned, who has not sanctioned the change shall be submitted to the Deputy Director concerned within 30 days of the receipt of the order."',
	(int) 34 => '<p> 6. On fulfillment of requirements laid down under Appendix Six, the application tendered for effecting change in the entries recorded in school record can be entertained. Respondents were therefore not justified in turning down the application tendered by the petitioner on the ground that the entries recorded in the school record cannot be corrected after pupil has left school. The petition, therefore, deserves to be allowed and Education Officer (Primary), Zilla Parishad, Osmanabad is required to be directed to consider the application tendered by the petitioner to the school authorities and which has been forwarded to the Education Officer (Primary), Zilla Parishad, Osmanabad, in accordance with provisions of Secondary Schools Code, 2006. The orders passed by respondent Nos. 2 and 3 impugned in this petition, are quashed and set aside and the matter is remitted back to the Education Officer (Primary), Zilla Parishad, Osmanabad for reconsideration. The Education Officer (Primary), Zilla Parishad, Osmanabad shall proceed to take decision on the application in accordance with provisions of Secondary Schools Code, 2006 and the observations made in this judgment. The petitioner shall cause appearance before the Education Officer (Primary), Zilla Parishad, Osmanabad on 29th October, 2012 and as such, no separate notice requiring petitioner's appearance before respondent No. 3 shall be essential. Respondent No. 3 shall decide the application, as expeditiously as possible, preferably within eight (8) weeks from date of appearance of petitioner before him. Rule is accordingly made absolute. No order as to costs.',
	(int) 35 => '<p> 7. Pending civil application, if any, does not survive, same stands disposed of.',
	(int) 36 => ''
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(13) Permission may be given to change the entries in the General Register of the school in respect of "caste" or "sub-caste" of Backward Class pupils in the following circumstances.

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			'judgement' => '<p style="text-align: justify;"><strong>Oral Judgment : [ R.M. Borde, J.]</strong><p style="text-align: justify;"> Rule. Rule made returnable forthwith.</p><p style="text-align: justify;"> With consent of the parties, the petition is taken up for final disposal at admission stage.</p><p style="text-align: justify;"> 2. The petitioner claims to be belonging to Bhavsar Kshetriya caste which is included in Other Backward Class category. The petitioner is serving as Conductor in Maharashtra State Road Transport Corporation. The school record of the petitioner records caste as 'Hindu Maratha'. According to the petitioner, while securing admission in school, his father has erroneously recorded the entry as 'Hindu Maratha'. He further contends that old record pertaining to his father, uncle and other near relatives show that they belong to 'Bhavsar Kehstriya caste'. The petitioner has also been issued caste certificate by the competent authority. The son of the petitioner has also been issued caste certificate by the competent authority certifying that he belongs to 'Bhavsar Kshetriya caste' and his caste claim has been validated by the competent Committee. The petitioner, therefore, tendered application to school where he was studying for onward transmission to the Education Officer (Primary), Zilla Parishad, Osmanabad for issuing directions for affecting necessary corrections. The school authority forwarded the application with favourable recommendation to the Education Officer. The Education Officer (Primary) by his order dated 1st November, 2011 was pleased to reject the application recording that since the petitioner has left the school, the application is not maintainable.</p><p style="text-align: justify;"> 3. The petitioner tendered appeal to the Deputy Director of Education, Latur Division, Latur,which was heard and disposed of by Deputy Director of Education, Latur Division, Latur on 30th January, 2012 and appeal came to be dismissed. The appellate authority has recorded in the order that rule 26.4, Appendix-Six of the Secondary Schools Code-2006 does not permit to make correction in the entries in respect of caste in the school record after pupil has left the school. According to the petitioner, reasons recorded by both the authorities for turning down his claim are erroneous and against the provisions of Secondary Schools Code, 2006. Rule 26.4 of the Secondary Schools Code, 2006 prescribe that application for change or correction of date of birth, name, surname, caste etc., as entered in the General Register shall be entertained from or on behalf of a pupil who is attending a school. It further provide that such application shall not be entertained from or on behalf of a pupil, who has left the school, as the same amounts not only to a change in the entries in the General Register but also to a change in the School Leaving Certificate. It has been further prescribed that, however, for the purposes like an admission to another educational institution the School Leaving certificate is relied upon as an evidence for name, surname, caste, date of birth etc., and in bonafide cases where wrong spelling of a word or an obvious mistake of the type mentioned in sub-rule 3 above is noticed any time after issue of the School Leaving Certificate and the same is required to be corrected so as to be consistent with the corresponding entries in the General Register of the school or those in the School Leaving Certificate issued by the previous school, such applications shall be entertained. The procedure to be followed in such cases is laid down in Appendix Six.</p><p style="text-align: justify;"> 4. Rule 26.4 of the Secondary Schools Code, 2006 has been interpreted by the Division Bench of this Court in the matter of Shaikh Shafi Ahmed Khadarsab vs. The State of Maharashtra and others in Writ Petition No. 1138 of 2009 decided on 13<sup>th</sup> March, 2012. In paragraph-11 of the judgment cited supra, the Division Bench of this Court has observed thus:</p><p style="text-align: justify;"> "11. For all these reasons, we hold that the instructions contained in para 26.4 of the S.S.Code that an application for change of an entry in the General Register of a school shall be entertained only on behalf of the pupil who is attending the school meaning thereby that it shall not be entertained on behalf of the pupil who has left the school, are directory and not mandatory. In our view, such an application can be entertained even after the pupil has left the school, provided the application is bona-fide and the pupil is able to satisfy that the original entry in the General Register of the school is erroneous. The application can be rejected if the entry is not shown to be erroneous and wrong. It, however, cannot be rejected without it being considered on merits, only on the technical ground that the application has been made after the pupil has left the school."</p><p style="text-align: justify;"> 5. Appendix Six of the Secondary Schools Code, 2006 lays down the procedure in respect of making correction and change in names, surnames, caste/sub-caste, date of birth etc., Paragraph Nos.12 to 15 of Appendix Six reads thus:</p><p style="text-align: justify;"> "<strong>Change in Caste or Sub-Caste (in respect of B.C. pupils only):</strong></p><p style="text-align: justify;"> (12) For making changes in caste or sub-caste of Backward Class pupils the guardian of the pupil shall make an application in Form No. 3 accompanying these rules.</p><p style="text-align: justify;"> (13) Permission may be given to change the entries in the General Register of the school in respect of "caste" or "sub-caste" of Backward Class pupils in the following circumstances.</p><p style="text-align: justify;"> (i) due to wrong entries made initially;</p><p style="text-align: justify;"> (ii) due to change in religion;</p><p style="text-align: justify;"> (iii) if the caste previously treated as non-backward was subsequently declared by Government as Backward or vice-versa.</p><p style="text-align: justify;"> (iv) due to adoption;</p><p style="text-align: justify;"> (v) due to inter-caste or inter-religion marriage;</p><p style="text-align: justify;"> (14) For this purpose, the necessary certificates from the following authorities must accompany the application for change of caste or sub-caste:</p><p style="text-align: justify;"> <strong>(a) For Reasons</strong>, (i),(ii) and (iii) above:</p><p style="text-align: justify;"> In Greater Bombay (a) The Chief Presidency Magistrate or the Presidency Magistrate authorised by him;</p><p style="text-align: justify;"> Or</p><p style="text-align: justify;"> (b) Justice of Peace; or (Deleted)</p><p style="text-align: justify;"> (c) Social, Welfare Officer, Greater Bombay, Bombay.</p><p style="text-align: justify;"> In other areas (d) The District Magistrates or Executive Magistrates authorized by them;</p><p style="text-align: justify;"> or</p><p style="text-align: justify;"> (e) Honorary Magistrates; or (Deleted)</p><p style="text-align: justify;"> (f) The Social Welfare Officer of the district concerned.</p><p style="text-align: justify;"> (<strong>b) Due to adoption </strong>:</p><p style="text-align: justify;"> The original adoption-deed or a certified copy of that deed or a certificate from stipendiary Magistrate showing the change in name (if any) and the caste or sub-caste changed as a result of adoption should accompany the application for change in caste or sub-caste.</p><p style="text-align: justify;"> <strong>(c) Due to inter-caste or inter-religion marriage </strong>:</p><p style="text-align: justify;"> A declaration by the parent or guardian attested by two witnesses and the student himself/herself or certified copy of the certificate of registration of marriage should accompany the application for change in caste or sub-caste along with the certificate from the concerned competent authority mentioned in (a) above showing that the caste or sub-caste has changed as a result of the marriage.</p><p style="text-align: justify;"> <strong>(d) Due to any other reason </strong>:</p><p style="text-align: justify;"> An affidavit made before a stipendiary Magistrate by the parent or guardian should accompany the application for change in caste of sub-caste.</p><p style="text-align: justify;"> <strong>N.B</strong>.: The term "Backward Class" means and includes the following categories.</p><table border="1" cellpadding="0" cellspacing="0"><tbody><tr><td style="width: 43px">1<td style="width: 251px">Scheduled castes and Schedule Caste converts to Buddhism.<td style="width: 282px">As per Scheduled Castes and Scheduled Tribes Lists Modification Order, 1956, as adopted for Maharashtra State.</tr><tr><td style="width: 43px">2<td style="width: 251px">Scheduled Tribes including those outside specified areas.<td style="width: 282px">Vide Part VII-A of the Seventh and Eighth Schedule of the Bombay Reorganisation Act, 1960 and orders issued by Government in this behalf from time to time.</tr><tr><td style="width: 43px">3<td style="width: 251px">DenotifiedTribes and Nomadic Tribes.<td style="width: 282px">As per Government Resolution, Education and Social Welfare Deptt. No. CBC. 1361-M, dated 21<sup>st</sup> November 1961 and Government from time to time.</tr><tr><td style="width: 43px">4<td style="width: 251px">Other Classes.<td style="width: 282px">Backward Castes which have been declared as belonging to the other Backward Classes by Government from time to time.</tr></tbody></table><strong>General</strong>:-<p style="text-align: justify;"> (Please also see Annexure 36).</p><p style="text-align: justify;"> 15. An appeal against the decision of the Educational Inspector, Greater Bombay or as the case may be, the Education Officer, Zilla Parishad concerned, who has not sanctioned the change shall be submitted to the Deputy Director concerned within 30 days of the receipt of the order."</p><p style="text-align: justify;"> 6. On fulfillment of requirements laid down under Appendix Six, the application tendered for effecting change in the entries recorded in school record can be entertained. Respondents were therefore not justified in turning down the application tendered by the petitioner on the ground that the entries recorded in the school record cannot be corrected after pupil has left school. The petition, therefore, deserves to be allowed and Education Officer (Primary), Zilla Parishad, Osmanabad is required to be directed to consider the application tendered by the petitioner to the school authorities and which has been forwarded to the Education Officer (Primary), Zilla Parishad, Osmanabad, in accordance with provisions of Secondary Schools Code, 2006. The orders passed by respondent Nos. 2 and 3 impugned in this petition, are quashed and set aside and the matter is remitted back to the Education Officer (Primary), Zilla Parishad, Osmanabad for reconsideration. The Education Officer (Primary), Zilla Parishad, Osmanabad shall proceed to take decision on the application in accordance with provisions of Secondary Schools Code, 2006 and the observations made in this judgment. The petitioner shall cause appearance before the Education Officer (Primary), Zilla Parishad, Osmanabad on 29th October, 2012 and as such, no separate notice requiring petitioner's appearance before respondent No. 3 shall be essential. Respondent No. 3 shall decide the application, as expeditiously as possible, preferably within eight (8) weeks from date of appearance of petitioner before him. Rule is accordingly made absolute. No order as to costs.</p><p style="text-align: justify;"> 7. Pending civil application, if any, does not survive, same stands disposed of.</p>',
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		'judgement' => '<p><strong>Oral Judgment : [ R.M. Borde, J.]</strong><p> Rule. Rule made returnable forthwith.</p><p> With consent of the parties, the petition is taken up for final disposal at admission stage.</p><p> 2. The petitioner claims to be belonging to Bhavsar Kshetriya caste which is included in Other Backward Class category. The petitioner is serving as Conductor in Maharashtra State Road Transport Corporation. The school record of the petitioner records caste as 'Hindu Maratha'. According to the petitioner, while securing admission in school, his father has erroneously recorded the entry as 'Hindu Maratha'. He further contends that old record pertaining to his father, uncle and other near relatives show that they belong to 'Bhavsar Kehstriya caste'. The petitioner has also been issued caste certificate by the competent authority. The son of the petitioner has also been issued caste certificate by the competent authority certifying that he belongs to 'Bhavsar Kshetriya caste' and his caste claim has been validated by the competent Committee. The petitioner, therefore, tendered application to school where he was studying for onward transmission to the Education Officer (Primary), Zilla Parishad, Osmanabad for issuing directions for affecting necessary corrections. The school authority forwarded the application with favourable recommendation to the Education Officer. The Education Officer (Primary) by his order dated 1st November, 2011 was pleased to reject the application recording that since the petitioner has left the school, the application is not maintainable.</p><p> 3. The petitioner tendered appeal to the Deputy Director of Education, Latur Division, Latur,which was heard and disposed of by Deputy Director of Education, Latur Division, Latur on 30th January, 2012 and appeal came to be dismissed. The appellate authority has recorded in the order that rule 26.4, Appendix-Six of the Secondary Schools Code-2006 does not permit to make correction in the entries in respect of caste in the school record after pupil has left the school. According to the petitioner, reasons recorded by both the authorities for turning down his claim are erroneous and against the provisions of Secondary Schools Code, 2006. Rule 26.4 of the Secondary Schools Code, 2006 prescribe that application for change or correction of date of birth, name, surname, caste etc., as entered in the General Register shall be entertained from or on behalf of a pupil who is attending a school. It further provide that such application shall not be entertained from or on behalf of a pupil, who has left the school, as the same amounts not only to a change in the entries in the General Register but also to a change in the School Leaving Certificate. It has been further prescribed that, however, for the purposes like an admission to another educational institution the School Leaving certificate is relied upon as an evidence for name, surname, caste, date of birth etc., and in bonafide cases where wrong spelling of a word or an obvious mistake of the type mentioned in sub-rule 3 above is noticed any time after issue of the School Leaving Certificate and the same is required to be corrected so as to be consistent with the corresponding entries in the General Register of the school or those in the School Leaving Certificate issued by the previous school, such applications shall be entertained. The procedure to be followed in such cases is laid down in Appendix Six.</p><p> 4. Rule 26.4 of the Secondary Schools Code, 2006 has been interpreted by the Division Bench of this Court in the matter of Shaikh Shafi Ahmed Khadarsab vs. The State of Maharashtra and others in Writ Petition No. 1138 of 2009 decided on 13<sup>th</sup> March, 2012. In paragraph-11 of the judgment cited supra, the Division Bench of this Court has observed thus:</p><p> "11. For all these reasons, we hold that the instructions contained in para 26.4 of the S.S.Code that an application for change of an entry in the General Register of a school shall be entertained only on behalf of the pupil who is attending the school meaning thereby that it shall not be entertained on behalf of the pupil who has left the school, are directory and not mandatory. In our view, such an application can be entertained even after the pupil has left the school, provided the application is bona-fide and the pupil is able to satisfy that the original entry in the General Register of the school is erroneous. The application can be rejected if the entry is not shown to be erroneous and wrong. It, however, cannot be rejected without it being considered on merits, only on the technical ground that the application has been made after the pupil has left the school."</p><p> 5. Appendix Six of the Secondary Schools Code, 2006 lays down the procedure in respect of making correction and change in names, surnames, caste/sub-caste, date of birth etc., Paragraph Nos.12 to 15 of Appendix Six reads thus:</p><p> "<strong>Change in Caste or Sub-Caste (in respect of B.C. pupils only):</strong></p><p> (12) For making changes in caste or sub-caste of Backward Class pupils the guardian of the pupil shall make an application in Form No. 3 accompanying these rules.</p><p> (13) Permission may be given to change the entries in the General Register of the school in respect of "caste" or "sub-caste" of Backward Class pupils in the following circumstances.</p><p> (i) due to wrong entries made initially;</p><p> (ii) due to change in religion;</p><p> (iii) if the caste previously treated as non-backward was subsequently declared by Government as Backward or vice-versa.</p><p> (iv) due to adoption;</p><p> (v) due to inter-caste or inter-religion marriage;</p><p> (14) For this purpose, the necessary certificates from the following authorities must accompany the application for change of caste or sub-caste:</p><p> <strong>(a) For Reasons</strong>, (i),(ii) and (iii) above:</p><p> In Greater Bombay (a) The Chief Presidency Magistrate or the Presidency Magistrate authorised by him;</p><p> Or</p><p> (b) Justice of Peace; or (Deleted)</p><p> (c) Social, Welfare Officer, Greater Bombay, Bombay.</p><p> In other areas (d) The District Magistrates or Executive Magistrates authorized by them;</p><p> or</p><p> (e) Honorary Magistrates; or (Deleted)</p><p> (f) The Social Welfare Officer of the district concerned.</p><p> (<strong>b) Due to adoption </strong>:</p><p> The original adoption-deed or a certified copy of that deed or a certificate from stipendiary Magistrate showing the change in name (if any) and the caste or sub-caste changed as a result of adoption should accompany the application for change in caste or sub-caste.</p><p> <strong>(c) Due to inter-caste or inter-religion marriage </strong>:</p><p> A declaration by the parent or guardian attested by two witnesses and the student himself/herself or certified copy of the certificate of registration of marriage should accompany the application for change in caste or sub-caste along with the certificate from the concerned competent authority mentioned in (a) above showing that the caste or sub-caste has changed as a result of the marriage.</p><p> <strong>(d) Due to any other reason </strong>:</p><p> An affidavit made before a stipendiary Magistrate by the parent or guardian should accompany the application for change in caste of sub-caste.</p><p> <strong>N.B</strong>.: The term "Backward Class" means and includes the following categories.</p><table><tbody><tr><td>1<td>Scheduled castes and Schedule Caste converts to Buddhism.<td>As per Scheduled Castes and Scheduled Tribes Lists Modification Order, 1956, as adopted for Maharashtra State.</tr><tr><td>2<td>Scheduled Tribes including those outside specified areas.<td>Vide Part VII-A of the Seventh and Eighth Schedule of the Bombay Reorganisation Act, 1960 and orders issued by Government in this behalf from time to time.</tr><tr><td>3<td>DenotifiedTribes and Nomadic Tribes.<td>As per Government Resolution, Education and Social Welfare Deptt. No. CBC. 1361-M, dated 21<sup>st</sup> November 1961 and Government from time to time.</tr><tr><td>4<td>Other Classes.<td>Backward Castes which have been declared as belonging to the other Backward Classes by Government from time to time.</tr></tbody></table><strong>General</strong>:-<p> (Please also see Annexure 36).</p><p> 15. An appeal against the decision of the Educational Inspector, Greater Bombay or as the case may be, the Education Officer, Zilla Parishad concerned, who has not sanctioned the change shall be submitted to the Deputy Director concerned within 30 days of the receipt of the order."</p><p> 6. On fulfillment of requirements laid down under Appendix Six, the application tendered for effecting change in the entries recorded in school record can be entertained. Respondents were therefore not justified in turning down the application tendered by the petitioner on the ground that the entries recorded in the school record cannot be corrected after pupil has left school. The petition, therefore, deserves to be allowed and Education Officer (Primary), Zilla Parishad, Osmanabad is required to be directed to consider the application tendered by the petitioner to the school authorities and which has been forwarded to the Education Officer (Primary), Zilla Parishad, Osmanabad, in accordance with provisions of Secondary Schools Code, 2006. The orders passed by respondent Nos. 2 and 3 impugned in this petition, are quashed and set aside and the matter is remitted back to the Education Officer (Primary), Zilla Parishad, Osmanabad for reconsideration. The Education Officer (Primary), Zilla Parishad, Osmanabad shall proceed to take decision on the application in accordance with provisions of Secondary Schools Code, 2006 and the observations made in this judgment. The petitioner shall cause appearance before the Education Officer (Primary), Zilla Parishad, Osmanabad on 29th October, 2012 and as such, no separate notice requiring petitioner's appearance before respondent No. 3 shall be essential. Respondent No. 3 shall decide the application, as expeditiously as possible, preferably within eight (8) weeks from date of appearance of petitioner before him. Rule is accordingly made absolute. No order as to costs.</p><p> 7. Pending civil application, if any, does not survive, same stands disposed of.</p>',
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	(int) 0 => '<p><strong>Oral Judgment : [ R.M. Borde, J.]</strong><p> Rule. Rule made returnable forthwith.',
	(int) 1 => '<p> With consent of the parties, the petition is taken up for final disposal at admission stage.',
	(int) 2 => '<p> 2. The petitioner claims to be belonging to Bhavsar Kshetriya caste which is included in Other Backward Class category. The petitioner is serving as Conductor in Maharashtra State Road Transport Corporation. The school record of the petitioner records caste as 'Hindu Maratha'. According to the petitioner, while securing admission in school, his father has erroneously recorded the entry as 'Hindu Maratha'. He further contends that old record pertaining to his father, uncle and other near relatives show that they belong to 'Bhavsar Kehstriya caste'. The petitioner has also been issued caste certificate by the competent authority. The son of the petitioner has also been issued caste certificate by the competent authority certifying that he belongs to 'Bhavsar Kshetriya caste' and his caste claim has been validated by the competent Committee. The petitioner, therefore, tendered application to school where he was studying for onward transmission to the Education Officer (Primary), Zilla Parishad, Osmanabad for issuing directions for affecting necessary corrections. The school authority forwarded the application with favourable recommendation to the Education Officer. The Education Officer (Primary) by his order dated 1st November, 2011 was pleased to reject the application recording that since the petitioner has left the school, the application is not maintainable.',
	(int) 3 => '<p> 3. The petitioner tendered appeal to the Deputy Director of Education, Latur Division, Latur,which was heard and disposed of by Deputy Director of Education, Latur Division, Latur on 30th January, 2012 and appeal came to be dismissed. The appellate authority has recorded in the order that rule 26.4, Appendix-Six of the Secondary Schools Code-2006 does not permit to make correction in the entries in respect of caste in the school record after pupil has left the school. According to the petitioner, reasons recorded by both the authorities for turning down his claim are erroneous and against the provisions of Secondary Schools Code, 2006. Rule 26.4 of the Secondary Schools Code, 2006 prescribe that application for change or correction of date of birth, name, surname, caste etc., as entered in the General Register shall be entertained from or on behalf of a pupil who is attending a school. It further provide that such application shall not be entertained from or on behalf of a pupil, who has left the school, as the same amounts not only to a change in the entries in the General Register but also to a change in the School Leaving Certificate. It has been further prescribed that, however, for the purposes like an admission to another educational institution the School Leaving certificate is relied upon as an evidence for name, surname, caste, date of birth etc., and in bonafide cases where wrong spelling of a word or an obvious mistake of the type mentioned in sub-rule 3 above is noticed any time after issue of the School Leaving Certificate and the same is required to be corrected so as to be consistent with the corresponding entries in the General Register of the school or those in the School Leaving Certificate issued by the previous school, such applications shall be entertained. The procedure to be followed in such cases is laid down in Appendix Six.',
	(int) 4 => '<p> 4. Rule 26.4 of the Secondary Schools Code, 2006 has been interpreted by the Division Bench of this Court in the matter of Shaikh Shafi Ahmed Khadarsab vs. The State of Maharashtra and others in Writ Petition No. 1138 of 2009 decided on 13<sup>th</sup> March, 2012. In paragraph-11 of the judgment cited supra, the Division Bench of this Court has observed thus:',
	(int) 5 => '<p> "11. For all these reasons, we hold that the instructions contained in para 26.4 of the S.S.Code that an application for change of an entry in the General Register of a school shall be entertained only on behalf of the pupil who is attending the school meaning thereby that it shall not be entertained on behalf of the pupil who has left the school, are directory and not mandatory. In our view, such an application can be entertained even after the pupil has left the school, provided the application is bona-fide and the pupil is able to satisfy that the original entry in the General Register of the school is erroneous. The application can be rejected if the entry is not shown to be erroneous and wrong. It, however, cannot be rejected without it being considered on merits, only on the technical ground that the application has been made after the pupil has left the school."',
	(int) 6 => '<p> 5. Appendix Six of the Secondary Schools Code, 2006 lays down the procedure in respect of making correction and change in names, surnames, caste/sub-caste, date of birth etc., Paragraph Nos.12 to 15 of Appendix Six reads thus:',
	(int) 7 => '<p> "<strong>Change in Caste or Sub-Caste (in respect of B.C. pupils only):</strong>',
	(int) 8 => '<p> (12) For making changes in caste or sub-caste of Backward Class pupils the guardian of the pupil shall make an application in Form No. 3 accompanying these rules.',
	(int) 9 => '<p> (13) Permission may be given to change the entries in the General Register of the school in respect of "caste" or "sub-caste" of Backward Class pupils in the following circumstances.',
	(int) 10 => '<p> (i) due to wrong entries made initially;',
	(int) 11 => '<p> (ii) due to change in religion;',
	(int) 12 => '<p> (iii) if the caste previously treated as non-backward was subsequently declared by Government as Backward or vice-versa.',
	(int) 13 => '<p> (iv) due to adoption;',
	(int) 14 => '<p> (v) due to inter-caste or inter-religion marriage;',
	(int) 15 => '<p> (14) For this purpose, the necessary certificates from the following authorities must accompany the application for change of caste or sub-caste:',
	(int) 16 => '<p> <strong>(a) For Reasons</strong>, (i),(ii) and (iii) above:',
	(int) 17 => '<p> In Greater Bombay (a) The Chief Presidency Magistrate or the Presidency Magistrate authorised by him;',
	(int) 18 => '<p> Or',
	(int) 19 => '<p> (b) Justice of Peace; or (Deleted)',
	(int) 20 => '<p> (c) Social, Welfare Officer, Greater Bombay, Bombay.',
	(int) 21 => '<p> In other areas (d) The District Magistrates or Executive Magistrates authorized by them;',
	(int) 22 => '<p> or',
	(int) 23 => '<p> (e) Honorary Magistrates; or (Deleted)',
	(int) 24 => '<p> (f) The Social Welfare Officer of the district concerned.',
	(int) 25 => '<p> (<strong>b) Due to adoption </strong>:',
	(int) 26 => '<p> The original adoption-deed or a certified copy of that deed or a certificate from stipendiary Magistrate showing the change in name (if any) and the caste or sub-caste changed as a result of adoption should accompany the application for change in caste or sub-caste.',
	(int) 27 => '<p> <strong>(c) Due to inter-caste or inter-religion marriage </strong>:',
	(int) 28 => '<p> A declaration by the parent or guardian attested by two witnesses and the student himself/herself or certified copy of the certificate of registration of marriage should accompany the application for change in caste or sub-caste along with the certificate from the concerned competent authority mentioned in (a) above showing that the caste or sub-caste has changed as a result of the marriage.',
	(int) 29 => '<p> <strong>(d) Due to any other reason </strong>:',
	(int) 30 => '<p> An affidavit made before a stipendiary Magistrate by the parent or guardian should accompany the application for change in caste of sub-caste.',
	(int) 31 => '<p> <strong>N.B</strong>.: The term "Backward Class" means and includes the following categories.',
	(int) 32 => '<table><tbody><tr><td>1<td>Scheduled castes and Schedule Caste converts to Buddhism.<td>As per Scheduled Castes and Scheduled Tribes Lists Modification Order, 1956, as adopted for Maharashtra State.</tr><tr><td>2<td>Scheduled Tribes including those outside specified areas.<td>Vide Part VII-A of the Seventh and Eighth Schedule of the Bombay Reorganisation Act, 1960 and orders issued by Government in this behalf from time to time.</tr><tr><td>3<td>DenotifiedTribes and Nomadic Tribes.<td>As per Government Resolution, Education and Social Welfare Deptt. No. CBC. 1361-M, dated 21<sup>st</sup> November 1961 and Government from time to time.</tr><tr><td>4<td>Other Classes.<td>Backward Castes which have been declared as belonging to the other Backward Classes by Government from time to time.</tr></tbody></table><strong>General</strong>:-<p> (Please also see Annexure 36).',
	(int) 33 => '<p> 15. An appeal against the decision of the Educational Inspector, Greater Bombay or as the case may be, the Education Officer, Zilla Parishad concerned, who has not sanctioned the change shall be submitted to the Deputy Director concerned within 30 days of the receipt of the order."',
	(int) 34 => '<p> 6. On fulfillment of requirements laid down under Appendix Six, the application tendered for effecting change in the entries recorded in school record can be entertained. Respondents were therefore not justified in turning down the application tendered by the petitioner on the ground that the entries recorded in the school record cannot be corrected after pupil has left school. The petition, therefore, deserves to be allowed and Education Officer (Primary), Zilla Parishad, Osmanabad is required to be directed to consider the application tendered by the petitioner to the school authorities and which has been forwarded to the Education Officer (Primary), Zilla Parishad, Osmanabad, in accordance with provisions of Secondary Schools Code, 2006. The orders passed by respondent Nos. 2 and 3 impugned in this petition, are quashed and set aside and the matter is remitted back to the Education Officer (Primary), Zilla Parishad, Osmanabad for reconsideration. The Education Officer (Primary), Zilla Parishad, Osmanabad shall proceed to take decision on the application in accordance with provisions of Secondary Schools Code, 2006 and the observations made in this judgment. The petitioner shall cause appearance before the Education Officer (Primary), Zilla Parishad, Osmanabad on 29th October, 2012 and as such, no separate notice requiring petitioner's appearance before respondent No. 3 shall be essential. Respondent No. 3 shall decide the application, as expeditiously as possible, preferably within eight (8) weeks from date of appearance of petitioner before him. Rule is accordingly made absolute. No order as to costs.',
	(int) 35 => '<p> 7. Pending civil application, if any, does not survive, same stands disposed of.',
	(int) 36 => ''
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			'casename' => 'Vilas S/O Dattatraya Ransubhe Vs. the State of Maharashtra, Through the Secretary, School Education and Sports Department and Others',
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			'judgement' => '<p style="text-align: justify;"><strong>Oral Judgment : [ R.M. Borde, J.]</strong><p style="text-align: justify;"> Rule. Rule made returnable forthwith.</p><p style="text-align: justify;"> With consent of the parties, the petition is taken up for final disposal at admission stage.</p><p style="text-align: justify;"> 2. The petitioner claims to be belonging to Bhavsar Kshetriya caste which is included in Other Backward Class category. The petitioner is serving as Conductor in Maharashtra State Road Transport Corporation. The school record of the petitioner records caste as 'Hindu Maratha'. According to the petitioner, while securing admission in school, his father has erroneously recorded the entry as 'Hindu Maratha'. He further contends that old record pertaining to his father, uncle and other near relatives show that they belong to 'Bhavsar Kehstriya caste'. The petitioner has also been issued caste certificate by the competent authority. The son of the petitioner has also been issued caste certificate by the competent authority certifying that he belongs to 'Bhavsar Kshetriya caste' and his caste claim has been validated by the competent Committee. The petitioner, therefore, tendered application to school where he was studying for onward transmission to the Education Officer (Primary), Zilla Parishad, Osmanabad for issuing directions for affecting necessary corrections. The school authority forwarded the application with favourable recommendation to the Education Officer. The Education Officer (Primary) by his order dated 1st November, 2011 was pleased to reject the application recording that since the petitioner has left the school, the application is not maintainable.</p><p style="text-align: justify;"> 3. The petitioner tendered appeal to the Deputy Director of Education, Latur Division, Latur,which was heard and disposed of by Deputy Director of Education, Latur Division, Latur on 30th January, 2012 and appeal came to be dismissed. The appellate authority has recorded in the order that rule 26.4, Appendix-Six of the Secondary Schools Code-2006 does not permit to make correction in the entries in respect of caste in the school record after pupil has left the school. According to the petitioner, reasons recorded by both the authorities for turning down his claim are erroneous and against the provisions of Secondary Schools Code, 2006. Rule 26.4 of the Secondary Schools Code, 2006 prescribe that application for change or correction of date of birth, name, surname, caste etc., as entered in the General Register shall be entertained from or on behalf of a pupil who is attending a school. It further provide that such application shall not be entertained from or on behalf of a pupil, who has left the school, as the same amounts not only to a change in the entries in the General Register but also to a change in the School Leaving Certificate. It has been further prescribed that, however, for the purposes like an admission to another educational institution the School Leaving certificate is relied upon as an evidence for name, surname, caste, date of birth etc., and in bonafide cases where wrong spelling of a word or an obvious mistake of the type mentioned in sub-rule 3 above is noticed any time after issue of the School Leaving Certificate and the same is required to be corrected so as to be consistent with the corresponding entries in the General Register of the school or those in the School Leaving Certificate issued by the previous school, such applications shall be entertained. The procedure to be followed in such cases is laid down in Appendix Six.</p><p style="text-align: justify;"> 4. Rule 26.4 of the Secondary Schools Code, 2006 has been interpreted by the Division Bench of this Court in the matter of Shaikh Shafi Ahmed Khadarsab vs. The State of Maharashtra and others in Writ Petition No. 1138 of 2009 decided on 13<sup>th</sup> March, 2012. In paragraph-11 of the judgment cited supra, the Division Bench of this Court has observed thus:</p><p style="text-align: justify;"> "11. For all these reasons, we hold that the instructions contained in para 26.4 of the S.S.Code that an application for change of an entry in the General Register of a school shall be entertained only on behalf of the pupil who is attending the school meaning thereby that it shall not be entertained on behalf of the pupil who has left the school, are directory and not mandatory. In our view, such an application can be entertained even after the pupil has left the school, provided the application is bona-fide and the pupil is able to satisfy that the original entry in the General Register of the school is erroneous. The application can be rejected if the entry is not shown to be erroneous and wrong. It, however, cannot be rejected without it being considered on merits, only on the technical ground that the application has been made after the pupil has left the school."</p><p style="text-align: justify;"> 5. Appendix Six of the Secondary Schools Code, 2006 lays down the procedure in respect of making correction and change in names, surnames, caste/sub-caste, date of birth etc., Paragraph Nos.12 to 15 of Appendix Six reads thus:</p><p style="text-align: justify;"> "<strong>Change in Caste or Sub-Caste (in respect of B.C. pupils only):</strong></p><p style="text-align: justify;"> (12) For making changes in caste or sub-caste of Backward Class pupils the guardian of the pupil shall make an application in Form No. 3 accompanying these rules.</p><p style="text-align: justify;"> (13) Permission may be given to change the entries in the General Register of the school in respect of "caste" or "sub-caste" of Backward Class pupils in the following circumstances.</p><p style="text-align: justify;"> (i) due to wrong entries made initially;</p><p style="text-align: justify;"> (ii) due to change in religion;</p><p style="text-align: justify;"> (iii) if the caste previously treated as non-backward was subsequently declared by Government as Backward or vice-versa.</p><p style="text-align: justify;"> (iv) due to adoption;</p><p style="text-align: justify;"> (v) due to inter-caste or inter-religion marriage;</p><p style="text-align: justify;"> (14) For this purpose, the necessary certificates from the following authorities must accompany the application for change of caste or sub-caste:</p><p style="text-align: justify;"> <strong>(a) For Reasons</strong>, (i),(ii) and (iii) above:</p><p style="text-align: justify;"> In Greater Bombay (a) The Chief Presidency Magistrate or the Presidency Magistrate authorised by him;</p><p style="text-align: justify;"> Or</p><p style="text-align: justify;"> (b) Justice of Peace; or (Deleted)</p><p style="text-align: justify;"> (c) Social, Welfare Officer, Greater Bombay, Bombay.</p><p style="text-align: justify;"> In other areas (d) The District Magistrates or Executive Magistrates authorized by them;</p><p style="text-align: justify;"> or</p><p style="text-align: justify;"> (e) Honorary Magistrates; or (Deleted)</p><p style="text-align: justify;"> (f) The Social Welfare Officer of the district concerned.</p><p style="text-align: justify;"> (<strong>b) Due to adoption </strong>:</p><p style="text-align: justify;"> The original adoption-deed or a certified copy of that deed or a certificate from stipendiary Magistrate showing the change in name (if any) and the caste or sub-caste changed as a result of adoption should accompany the application for change in caste or sub-caste.</p><p style="text-align: justify;"> <strong>(c) Due to inter-caste or inter-religion marriage </strong>:</p><p style="text-align: justify;"> A declaration by the parent or guardian attested by two witnesses and the student himself/herself or certified copy of the certificate of registration of marriage should accompany the application for change in caste or sub-caste along with the certificate from the concerned competent authority mentioned in (a) above showing that the caste or sub-caste has changed as a result of the marriage.</p><p style="text-align: justify;"> <strong>(d) Due to any other reason </strong>:</p><p style="text-align: justify;"> An affidavit made before a stipendiary Magistrate by the parent or guardian should accompany the application for change in caste of sub-caste.</p><p style="text-align: justify;"> <strong>N.B</strong>.: The term "Backward Class" means and includes the following categories.</p><table border="1" cellpadding="0" cellspacing="0"><tbody><tr><td style="width: 43px">1<td style="width: 251px">Scheduled castes and Schedule Caste converts to Buddhism.<td style="width: 282px">As per Scheduled Castes and Scheduled Tribes Lists Modification Order, 1956, as adopted for Maharashtra State.</tr><tr><td style="width: 43px">2<td style="width: 251px">Scheduled Tribes including those outside specified areas.<td style="width: 282px">Vide Part VII-A of the Seventh and Eighth Schedule of the Bombay Reorganisation Act, 1960 and orders issued by Government in this behalf from time to time.</tr><tr><td style="width: 43px">3<td style="width: 251px">DenotifiedTribes and Nomadic Tribes.<td style="width: 282px">As per Government Resolution, Education and Social Welfare Deptt. No. CBC. 1361-M, dated 21<sup>st</sup> November 1961 and Government from time to time.</tr><tr><td style="width: 43px">4<td style="width: 251px">Other Classes.<td style="width: 282px">Backward Castes which have been declared as belonging to the other Backward Classes by Government from time to time.</tr></tbody></table><strong>General</strong>:-<p style="text-align: justify;"> (Please also see Annexure 36).</p><p style="text-align: justify;"> 15. An appeal against the decision of the Educational Inspector, Greater Bombay or as the case may be, the Education Officer, Zilla Parishad concerned, who has not sanctioned the change shall be submitted to the Deputy Director concerned within 30 days of the receipt of the order."</p><p style="text-align: justify;"> 6. On fulfillment of requirements laid down under Appendix Six, the application tendered for effecting change in the entries recorded in school record can be entertained. Respondents were therefore not justified in turning down the application tendered by the petitioner on the ground that the entries recorded in the school record cannot be corrected after pupil has left school. The petition, therefore, deserves to be allowed and Education Officer (Primary), Zilla Parishad, Osmanabad is required to be directed to consider the application tendered by the petitioner to the school authorities and which has been forwarded to the Education Officer (Primary), Zilla Parishad, Osmanabad, in accordance with provisions of Secondary Schools Code, 2006. The orders passed by respondent Nos. 2 and 3 impugned in this petition, are quashed and set aside and the matter is remitted back to the Education Officer (Primary), Zilla Parishad, Osmanabad for reconsideration. The Education Officer (Primary), Zilla Parishad, Osmanabad shall proceed to take decision on the application in accordance with provisions of Secondary Schools Code, 2006 and the observations made in this judgment. The petitioner shall cause appearance before the Education Officer (Primary), Zilla Parishad, Osmanabad on 29th October, 2012 and as such, no separate notice requiring petitioner's appearance before respondent No. 3 shall be essential. Respondent No. 3 shall decide the application, as expeditiously as possible, preferably within eight (8) weeks from date of appearance of petitioner before him. Rule is accordingly made absolute. No order as to costs.</p><p style="text-align: justify;"> 7. Pending civil application, if any, does not survive, same stands disposed of.</p>',
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		'judgement' => '<p><strong>Oral Judgment : [ R.M. Borde, J.]</strong><p> Rule. Rule made returnable forthwith.</p><p> With consent of the parties, the petition is taken up for final disposal at admission stage.</p><p> 2. The petitioner claims to be belonging to Bhavsar Kshetriya caste which is included in Other Backward Class category. The petitioner is serving as Conductor in Maharashtra State Road Transport Corporation. The school record of the petitioner records caste as 'Hindu Maratha'. According to the petitioner, while securing admission in school, his father has erroneously recorded the entry as 'Hindu Maratha'. He further contends that old record pertaining to his father, uncle and other near relatives show that they belong to 'Bhavsar Kehstriya caste'. The petitioner has also been issued caste certificate by the competent authority. The son of the petitioner has also been issued caste certificate by the competent authority certifying that he belongs to 'Bhavsar Kshetriya caste' and his caste claim has been validated by the competent Committee. The petitioner, therefore, tendered application to school where he was studying for onward transmission to the Education Officer (Primary), Zilla Parishad, Osmanabad for issuing directions for affecting necessary corrections. The school authority forwarded the application with favourable recommendation to the Education Officer. The Education Officer (Primary) by his order dated 1st November, 2011 was pleased to reject the application recording that since the petitioner has left the school, the application is not maintainable.</p><p> 3. The petitioner tendered appeal to the Deputy Director of Education, Latur Division, Latur,which was heard and disposed of by Deputy Director of Education, Latur Division, Latur on 30th January, 2012 and appeal came to be dismissed. The appellate authority has recorded in the order that rule 26.4, Appendix-Six of the Secondary Schools Code-2006 does not permit to make correction in the entries in respect of caste in the school record after pupil has left the school. According to the petitioner, reasons recorded by both the authorities for turning down his claim are erroneous and against the provisions of Secondary Schools Code, 2006. Rule 26.4 of the Secondary Schools Code, 2006 prescribe that application for change or correction of date of birth, name, surname, caste etc., as entered in the General Register shall be entertained from or on behalf of a pupil who is attending a school. It further provide that such application shall not be entertained from or on behalf of a pupil, who has left the school, as the same amounts not only to a change in the entries in the General Register but also to a change in the School Leaving Certificate. It has been further prescribed that, however, for the purposes like an admission to another educational institution the School Leaving certificate is relied upon as an evidence for name, surname, caste, date of birth etc., and in bonafide cases where wrong spelling of a word or an obvious mistake of the type mentioned in sub-rule 3 above is noticed any time after issue of the School Leaving Certificate and the same is required to be corrected so as to be consistent with the corresponding entries in the General Register of the school or those in the School Leaving Certificate issued by the previous school, such applications shall be entertained. The procedure to be followed in such cases is laid down in Appendix Six.</p><p> 4. Rule 26.4 of the Secondary Schools Code, 2006 has been interpreted by the Division Bench of this Court in the matter of Shaikh Shafi Ahmed Khadarsab vs. The State of Maharashtra and others in Writ Petition No. 1138 of 2009 decided on 13<sup>th</sup> March, 2012. In paragraph-11 of the judgment cited supra, the Division Bench of this Court has observed thus:</p><p> "11. For all these reasons, we hold that the instructions contained in para 26.4 of the S.S.Code that an application for change of an entry in the General Register of a school shall be entertained only on behalf of the pupil who is attending the school meaning thereby that it shall not be entertained on behalf of the pupil who has left the school, are directory and not mandatory. In our view, such an application can be entertained even after the pupil has left the school, provided the application is bona-fide and the pupil is able to satisfy that the original entry in the General Register of the school is erroneous. The application can be rejected if the entry is not shown to be erroneous and wrong. It, however, cannot be rejected without it being considered on merits, only on the technical ground that the application has been made after the pupil has left the school."</p><p> 5. Appendix Six of the Secondary Schools Code, 2006 lays down the procedure in respect of making correction and change in names, surnames, caste/sub-caste, date of birth etc., Paragraph Nos.12 to 15 of Appendix Six reads thus:</p><p> "<strong>Change in Caste or Sub-Caste (in respect of B.C. pupils only):</strong></p><p> (12) For making changes in caste or sub-caste of Backward Class pupils the guardian of the pupil shall make an application in Form No. 3 accompanying these rules.</p><p> (13) Permission may be given to change the entries in the General Register of the school in respect of "caste" or "sub-caste" of Backward Class pupils in the following circumstances.</p><p> (i) due to wrong entries made initially;</p><p> (ii) due to change in religion;</p><p> (iii) if the caste previously treated as non-backward was subsequently declared by Government as Backward or vice-versa.</p><p> (iv) due to adoption;</p><p> (v) due to inter-caste or inter-religion marriage;</p><p> (14) For this purpose, the necessary certificates from the following authorities must accompany the application for change of caste or sub-caste:</p><p> <strong>(a) For Reasons</strong>, (i),(ii) and (iii) above:</p><p> In Greater Bombay (a) The Chief Presidency Magistrate or the Presidency Magistrate authorised by him;</p><p> Or</p><p> (b) Justice of Peace; or (Deleted)</p><p> (c) Social, Welfare Officer, Greater Bombay, Bombay.</p><p> In other areas (d) The District Magistrates or Executive Magistrates authorized by them;</p><p> or</p><p> (e) Honorary Magistrates; or (Deleted)</p><p> (f) The Social Welfare Officer of the district concerned.</p><p> (<strong>b) Due to adoption </strong>:</p><p> The original adoption-deed or a certified copy of that deed or a certificate from stipendiary Magistrate showing the change in name (if any) and the caste or sub-caste changed as a result of adoption should accompany the application for change in caste or sub-caste.</p><p> <strong>(c) Due to inter-caste or inter-religion marriage </strong>:</p><p> A declaration by the parent or guardian attested by two witnesses and the student himself/herself or certified copy of the certificate of registration of marriage should accompany the application for change in caste or sub-caste along with the certificate from the concerned competent authority mentioned in (a) above showing that the caste or sub-caste has changed as a result of the marriage.</p><p> <strong>(d) Due to any other reason </strong>:</p><p> An affidavit made before a stipendiary Magistrate by the parent or guardian should accompany the application for change in caste of sub-caste.</p><p> <strong>N.B</strong>.: The term "Backward Class" means and includes the following categories.</p><table><tbody><tr><td>1<td>Scheduled castes and Schedule Caste converts to Buddhism.<td>As per Scheduled Castes and Scheduled Tribes Lists Modification Order, 1956, as adopted for Maharashtra State.</tr><tr><td>2<td>Scheduled Tribes including those outside specified areas.<td>Vide Part VII-A of the Seventh and Eighth Schedule of the Bombay Reorganisation Act, 1960 and orders issued by Government in this behalf from time to time.</tr><tr><td>3<td>DenotifiedTribes and Nomadic Tribes.<td>As per Government Resolution, Education and Social Welfare Deptt. No. CBC. 1361-M, dated 21<sup>st</sup> November 1961 and Government from time to time.</tr><tr><td>4<td>Other Classes.<td>Backward Castes which have been declared as belonging to the other Backward Classes by Government from time to time.</tr></tbody></table><strong>General</strong>:-<p> (Please also see Annexure 36).</p><p> 15. An appeal against the decision of the Educational Inspector, Greater Bombay or as the case may be, the Education Officer, Zilla Parishad concerned, who has not sanctioned the change shall be submitted to the Deputy Director concerned within 30 days of the receipt of the order."</p><p> 6. On fulfillment of requirements laid down under Appendix Six, the application tendered for effecting change in the entries recorded in school record can be entertained. Respondents were therefore not justified in turning down the application tendered by the petitioner on the ground that the entries recorded in the school record cannot be corrected after pupil has left school. The petition, therefore, deserves to be allowed and Education Officer (Primary), Zilla Parishad, Osmanabad is required to be directed to consider the application tendered by the petitioner to the school authorities and which has been forwarded to the Education Officer (Primary), Zilla Parishad, Osmanabad, in accordance with provisions of Secondary Schools Code, 2006. The orders passed by respondent Nos. 2 and 3 impugned in this petition, are quashed and set aside and the matter is remitted back to the Education Officer (Primary), Zilla Parishad, Osmanabad for reconsideration. The Education Officer (Primary), Zilla Parishad, Osmanabad shall proceed to take decision on the application in accordance with provisions of Secondary Schools Code, 2006 and the observations made in this judgment. The petitioner shall cause appearance before the Education Officer (Primary), Zilla Parishad, Osmanabad on 29th October, 2012 and as such, no separate notice requiring petitioner's appearance before respondent No. 3 shall be essential. Respondent No. 3 shall decide the application, as expeditiously as possible, preferably within eight (8) weeks from date of appearance of petitioner before him. Rule is accordingly made absolute. No order as to costs.</p><p> 7. Pending civil application, if any, does not survive, same stands disposed of.</p>',
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	(int) 1 => '<p> With consent of the parties, the petition is taken up for final disposal at admission stage.',
	(int) 2 => '<p> 2. The petitioner claims to be belonging to Bhavsar Kshetriya caste which is included in Other Backward Class category. The petitioner is serving as Conductor in Maharashtra State Road Transport Corporation. The school record of the petitioner records caste as 'Hindu Maratha'. According to the petitioner, while securing admission in school, his father has erroneously recorded the entry as 'Hindu Maratha'. He further contends that old record pertaining to his father, uncle and other near relatives show that they belong to 'Bhavsar Kehstriya caste'. The petitioner has also been issued caste certificate by the competent authority. The son of the petitioner has also been issued caste certificate by the competent authority certifying that he belongs to 'Bhavsar Kshetriya caste' and his caste claim has been validated by the competent Committee. The petitioner, therefore, tendered application to school where he was studying for onward transmission to the Education Officer (Primary), Zilla Parishad, Osmanabad for issuing directions for affecting necessary corrections. The school authority forwarded the application with favourable recommendation to the Education Officer. The Education Officer (Primary) by his order dated 1st November, 2011 was pleased to reject the application recording that since the petitioner has left the school, the application is not maintainable.',
	(int) 3 => '<p> 3. The petitioner tendered appeal to the Deputy Director of Education, Latur Division, Latur,which was heard and disposed of by Deputy Director of Education, Latur Division, Latur on 30th January, 2012 and appeal came to be dismissed. The appellate authority has recorded in the order that rule 26.4, Appendix-Six of the Secondary Schools Code-2006 does not permit to make correction in the entries in respect of caste in the school record after pupil has left the school. According to the petitioner, reasons recorded by both the authorities for turning down his claim are erroneous and against the provisions of Secondary Schools Code, 2006. Rule 26.4 of the Secondary Schools Code, 2006 prescribe that application for change or correction of date of birth, name, surname, caste etc., as entered in the General Register shall be entertained from or on behalf of a pupil who is attending a school. It further provide that such application shall not be entertained from or on behalf of a pupil, who has left the school, as the same amounts not only to a change in the entries in the General Register but also to a change in the School Leaving Certificate. It has been further prescribed that, however, for the purposes like an admission to another educational institution the School Leaving certificate is relied upon as an evidence for name, surname, caste, date of birth etc., and in bonafide cases where wrong spelling of a word or an obvious mistake of the type mentioned in sub-rule 3 above is noticed any time after issue of the School Leaving Certificate and the same is required to be corrected so as to be consistent with the corresponding entries in the General Register of the school or those in the School Leaving Certificate issued by the previous school, such applications shall be entertained. The procedure to be followed in such cases is laid down in Appendix Six.',
	(int) 4 => '<p> 4. Rule 26.4 of the Secondary Schools Code, 2006 has been interpreted by the Division Bench of this Court in the matter of Shaikh Shafi Ahmed Khadarsab vs. The State of Maharashtra and others in Writ Petition No. 1138 of 2009 decided on 13<sup>th</sup> March, 2012. In paragraph-11 of the judgment cited supra, the Division Bench of this Court has observed thus:',
	(int) 5 => '<p> "11. For all these reasons, we hold that the instructions contained in para 26.4 of the S.S.Code that an application for change of an entry in the General Register of a school shall be entertained only on behalf of the pupil who is attending the school meaning thereby that it shall not be entertained on behalf of the pupil who has left the school, are directory and not mandatory. In our view, such an application can be entertained even after the pupil has left the school, provided the application is bona-fide and the pupil is able to satisfy that the original entry in the General Register of the school is erroneous. The application can be rejected if the entry is not shown to be erroneous and wrong. It, however, cannot be rejected without it being considered on merits, only on the technical ground that the application has been made after the pupil has left the school."',
	(int) 6 => '<p> 5. Appendix Six of the Secondary Schools Code, 2006 lays down the procedure in respect of making correction and change in names, surnames, caste/sub-caste, date of birth etc., Paragraph Nos.12 to 15 of Appendix Six reads thus:',
	(int) 7 => '<p> "<strong>Change in Caste or Sub-Caste (in respect of B.C. pupils only):</strong>',
	(int) 8 => '<p> (12) For making changes in caste or sub-caste of Backward Class pupils the guardian of the pupil shall make an application in Form No. 3 accompanying these rules.',
	(int) 9 => '<p> (13) Permission may be given to change the entries in the General Register of the school in respect of "caste" or "sub-caste" of Backward Class pupils in the following circumstances.',
	(int) 10 => '<p> (i) due to wrong entries made initially;',
	(int) 11 => '<p> (ii) due to change in religion;',
	(int) 12 => '<p> (iii) if the caste previously treated as non-backward was subsequently declared by Government as Backward or vice-versa.',
	(int) 13 => '<p> (iv) due to adoption;',
	(int) 14 => '<p> (v) due to inter-caste or inter-religion marriage;',
	(int) 15 => '<p> (14) For this purpose, the necessary certificates from the following authorities must accompany the application for change of caste or sub-caste:',
	(int) 16 => '<p> <strong>(a) For Reasons</strong>, (i),(ii) and (iii) above:',
	(int) 17 => '<p> In Greater Bombay (a) The Chief Presidency Magistrate or the Presidency Magistrate authorised by him;',
	(int) 18 => '<p> Or',
	(int) 19 => '<p> (b) Justice of Peace; or (Deleted)',
	(int) 20 => '<p> (c) Social, Welfare Officer, Greater Bombay, Bombay.',
	(int) 21 => '<p> In other areas (d) The District Magistrates or Executive Magistrates authorized by them;',
	(int) 22 => '<p> or',
	(int) 23 => '<p> (e) Honorary Magistrates; or (Deleted)',
	(int) 24 => '<p> (f) The Social Welfare Officer of the district concerned.',
	(int) 25 => '<p> (<strong>b) Due to adoption </strong>:',
	(int) 26 => '<p> The original adoption-deed or a certified copy of that deed or a certificate from stipendiary Magistrate showing the change in name (if any) and the caste or sub-caste changed as a result of adoption should accompany the application for change in caste or sub-caste.',
	(int) 27 => '<p> <strong>(c) Due to inter-caste or inter-religion marriage </strong>:',
	(int) 28 => '<p> A declaration by the parent or guardian attested by two witnesses and the student himself/herself or certified copy of the certificate of registration of marriage should accompany the application for change in caste or sub-caste along with the certificate from the concerned competent authority mentioned in (a) above showing that the caste or sub-caste has changed as a result of the marriage.',
	(int) 29 => '<p> <strong>(d) Due to any other reason </strong>:',
	(int) 30 => '<p> An affidavit made before a stipendiary Magistrate by the parent or guardian should accompany the application for change in caste of sub-caste.',
	(int) 31 => '<p> <strong>N.B</strong>.: The term "Backward Class" means and includes the following categories.',
	(int) 32 => '<table><tbody><tr><td>1<td>Scheduled castes and Schedule Caste converts to Buddhism.<td>As per Scheduled Castes and Scheduled Tribes Lists Modification Order, 1956, as adopted for Maharashtra State.</tr><tr><td>2<td>Scheduled Tribes including those outside specified areas.<td>Vide Part VII-A of the Seventh and Eighth Schedule of the Bombay Reorganisation Act, 1960 and orders issued by Government in this behalf from time to time.</tr><tr><td>3<td>DenotifiedTribes and Nomadic Tribes.<td>As per Government Resolution, Education and Social Welfare Deptt. No. CBC. 1361-M, dated 21<sup>st</sup> November 1961 and Government from time to time.</tr><tr><td>4<td>Other Classes.<td>Backward Castes which have been declared as belonging to the other Backward Classes by Government from time to time.</tr></tbody></table><strong>General</strong>:-<p> (Please also see Annexure 36).',
	(int) 33 => '<p> 15. An appeal against the decision of the Educational Inspector, Greater Bombay or as the case may be, the Education Officer, Zilla Parishad concerned, who has not sanctioned the change shall be submitted to the Deputy Director concerned within 30 days of the receipt of the order."',
	(int) 34 => '<p> 6. On fulfillment of requirements laid down under Appendix Six, the application tendered for effecting change in the entries recorded in school record can be entertained. Respondents were therefore not justified in turning down the application tendered by the petitioner on the ground that the entries recorded in the school record cannot be corrected after pupil has left school. The petition, therefore, deserves to be allowed and Education Officer (Primary), Zilla Parishad, Osmanabad is required to be directed to consider the application tendered by the petitioner to the school authorities and which has been forwarded to the Education Officer (Primary), Zilla Parishad, Osmanabad, in accordance with provisions of Secondary Schools Code, 2006. The orders passed by respondent Nos. 2 and 3 impugned in this petition, are quashed and set aside and the matter is remitted back to the Education Officer (Primary), Zilla Parishad, Osmanabad for reconsideration. The Education Officer (Primary), Zilla Parishad, Osmanabad shall proceed to take decision on the application in accordance with provisions of Secondary Schools Code, 2006 and the observations made in this judgment. The petitioner shall cause appearance before the Education Officer (Primary), Zilla Parishad, Osmanabad on 29th October, 2012 and as such, no separate notice requiring petitioner's appearance before respondent No. 3 shall be essential. Respondent No. 3 shall decide the application, as expeditiously as possible, preferably within eight (8) weeks from date of appearance of petitioner before him. Rule is accordingly made absolute. No order as to costs.',
	(int) 35 => '<p> 7. Pending civil application, if any, does not survive, same stands disposed of.',
	(int) 36 => ''
)
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$cnt = (int) 37
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(ii) due to change in religion;

Notice (8): Undefined variable: query [APP/View/Case/amp.ctp, line 144]
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	'title_for_layout' => 'Vilas S O Dattatraya Ransubhe Vs the State of Maharashtra Through the Secretary School Education and Sports Department and Others - Citation 1105404 - Court Judgment | ',
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		'Judgement' => array(
			'id' => '1105404',
			'acts' => null,
			'appealno' => 'Writ Petition No.3266 of 2012 ',
			'appellant' => 'Vilas S/O Dattatraya Ransubhe',
			'authreffered' => null,
			'casename' => 'Vilas S/O Dattatraya Ransubhe Vs. the State of Maharashtra, Through the Secretary, School Education and Sports Department and Others',
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			'court' => 'Mumbai Aurangabad',
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			'decidedon' => '2012-10-08',
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			'judge' => 'R.M. BORDE & S.S. SHINDE',
			'judgement' => '<p style="text-align: justify;"><strong>Oral Judgment : [ R.M. Borde, J.]</strong><p style="text-align: justify;"> Rule. Rule made returnable forthwith.</p><p style="text-align: justify;"> With consent of the parties, the petition is taken up for final disposal at admission stage.</p><p style="text-align: justify;"> 2. The petitioner claims to be belonging to Bhavsar Kshetriya caste which is included in Other Backward Class category. The petitioner is serving as Conductor in Maharashtra State Road Transport Corporation. The school record of the petitioner records caste as 'Hindu Maratha'. According to the petitioner, while securing admission in school, his father has erroneously recorded the entry as 'Hindu Maratha'. He further contends that old record pertaining to his father, uncle and other near relatives show that they belong to 'Bhavsar Kehstriya caste'. The petitioner has also been issued caste certificate by the competent authority. The son of the petitioner has also been issued caste certificate by the competent authority certifying that he belongs to 'Bhavsar Kshetriya caste' and his caste claim has been validated by the competent Committee. The petitioner, therefore, tendered application to school where he was studying for onward transmission to the Education Officer (Primary), Zilla Parishad, Osmanabad for issuing directions for affecting necessary corrections. The school authority forwarded the application with favourable recommendation to the Education Officer. The Education Officer (Primary) by his order dated 1st November, 2011 was pleased to reject the application recording that since the petitioner has left the school, the application is not maintainable.</p><p style="text-align: justify;"> 3. The petitioner tendered appeal to the Deputy Director of Education, Latur Division, Latur,which was heard and disposed of by Deputy Director of Education, Latur Division, Latur on 30th January, 2012 and appeal came to be dismissed. The appellate authority has recorded in the order that rule 26.4, Appendix-Six of the Secondary Schools Code-2006 does not permit to make correction in the entries in respect of caste in the school record after pupil has left the school. According to the petitioner, reasons recorded by both the authorities for turning down his claim are erroneous and against the provisions of Secondary Schools Code, 2006. Rule 26.4 of the Secondary Schools Code, 2006 prescribe that application for change or correction of date of birth, name, surname, caste etc., as entered in the General Register shall be entertained from or on behalf of a pupil who is attending a school. It further provide that such application shall not be entertained from or on behalf of a pupil, who has left the school, as the same amounts not only to a change in the entries in the General Register but also to a change in the School Leaving Certificate. It has been further prescribed that, however, for the purposes like an admission to another educational institution the School Leaving certificate is relied upon as an evidence for name, surname, caste, date of birth etc., and in bonafide cases where wrong spelling of a word or an obvious mistake of the type mentioned in sub-rule 3 above is noticed any time after issue of the School Leaving Certificate and the same is required to be corrected so as to be consistent with the corresponding entries in the General Register of the school or those in the School Leaving Certificate issued by the previous school, such applications shall be entertained. The procedure to be followed in such cases is laid down in Appendix Six.</p><p style="text-align: justify;"> 4. Rule 26.4 of the Secondary Schools Code, 2006 has been interpreted by the Division Bench of this Court in the matter of Shaikh Shafi Ahmed Khadarsab vs. The State of Maharashtra and others in Writ Petition No. 1138 of 2009 decided on 13<sup>th</sup> March, 2012. In paragraph-11 of the judgment cited supra, the Division Bench of this Court has observed thus:</p><p style="text-align: justify;"> "11. For all these reasons, we hold that the instructions contained in para 26.4 of the S.S.Code that an application for change of an entry in the General Register of a school shall be entertained only on behalf of the pupil who is attending the school meaning thereby that it shall not be entertained on behalf of the pupil who has left the school, are directory and not mandatory. In our view, such an application can be entertained even after the pupil has left the school, provided the application is bona-fide and the pupil is able to satisfy that the original entry in the General Register of the school is erroneous. The application can be rejected if the entry is not shown to be erroneous and wrong. It, however, cannot be rejected without it being considered on merits, only on the technical ground that the application has been made after the pupil has left the school."</p><p style="text-align: justify;"> 5. Appendix Six of the Secondary Schools Code, 2006 lays down the procedure in respect of making correction and change in names, surnames, caste/sub-caste, date of birth etc., Paragraph Nos.12 to 15 of Appendix Six reads thus:</p><p style="text-align: justify;"> "<strong>Change in Caste or Sub-Caste (in respect of B.C. pupils only):</strong></p><p style="text-align: justify;"> (12) For making changes in caste or sub-caste of Backward Class pupils the guardian of the pupil shall make an application in Form No. 3 accompanying these rules.</p><p style="text-align: justify;"> (13) Permission may be given to change the entries in the General Register of the school in respect of "caste" or "sub-caste" of Backward Class pupils in the following circumstances.</p><p style="text-align: justify;"> (i) due to wrong entries made initially;</p><p style="text-align: justify;"> (ii) due to change in religion;</p><p style="text-align: justify;"> (iii) if the caste previously treated as non-backward was subsequently declared by Government as Backward or vice-versa.</p><p style="text-align: justify;"> (iv) due to adoption;</p><p style="text-align: justify;"> (v) due to inter-caste or inter-religion marriage;</p><p style="text-align: justify;"> (14) For this purpose, the necessary certificates from the following authorities must accompany the application for change of caste or sub-caste:</p><p style="text-align: justify;"> <strong>(a) For Reasons</strong>, (i),(ii) and (iii) above:</p><p style="text-align: justify;"> In Greater Bombay (a) The Chief Presidency Magistrate or the Presidency Magistrate authorised by him;</p><p style="text-align: justify;"> Or</p><p style="text-align: justify;"> (b) Justice of Peace; or (Deleted)</p><p style="text-align: justify;"> (c) Social, Welfare Officer, Greater Bombay, Bombay.</p><p style="text-align: justify;"> In other areas (d) The District Magistrates or Executive Magistrates authorized by them;</p><p style="text-align: justify;"> or</p><p style="text-align: justify;"> (e) Honorary Magistrates; or (Deleted)</p><p style="text-align: justify;"> (f) The Social Welfare Officer of the district concerned.</p><p style="text-align: justify;"> (<strong>b) Due to adoption </strong>:</p><p style="text-align: justify;"> The original adoption-deed or a certified copy of that deed or a certificate from stipendiary Magistrate showing the change in name (if any) and the caste or sub-caste changed as a result of adoption should accompany the application for change in caste or sub-caste.</p><p style="text-align: justify;"> <strong>(c) Due to inter-caste or inter-religion marriage </strong>:</p><p style="text-align: justify;"> A declaration by the parent or guardian attested by two witnesses and the student himself/herself or certified copy of the certificate of registration of marriage should accompany the application for change in caste or sub-caste along with the certificate from the concerned competent authority mentioned in (a) above showing that the caste or sub-caste has changed as a result of the marriage.</p><p style="text-align: justify;"> <strong>(d) Due to any other reason </strong>:</p><p style="text-align: justify;"> An affidavit made before a stipendiary Magistrate by the parent or guardian should accompany the application for change in caste of sub-caste.</p><p style="text-align: justify;"> <strong>N.B</strong>.: The term "Backward Class" means and includes the following categories.</p><table border="1" cellpadding="0" cellspacing="0"><tbody><tr><td style="width: 43px">1<td style="width: 251px">Scheduled castes and Schedule Caste converts to Buddhism.<td style="width: 282px">As per Scheduled Castes and Scheduled Tribes Lists Modification Order, 1956, as adopted for Maharashtra State.</tr><tr><td style="width: 43px">2<td style="width: 251px">Scheduled Tribes including those outside specified areas.<td style="width: 282px">Vide Part VII-A of the Seventh and Eighth Schedule of the Bombay Reorganisation Act, 1960 and orders issued by Government in this behalf from time to time.</tr><tr><td style="width: 43px">3<td style="width: 251px">DenotifiedTribes and Nomadic Tribes.<td style="width: 282px">As per Government Resolution, Education and Social Welfare Deptt. No. CBC. 1361-M, dated 21<sup>st</sup> November 1961 and Government from time to time.</tr><tr><td style="width: 43px">4<td style="width: 251px">Other Classes.<td style="width: 282px">Backward Castes which have been declared as belonging to the other Backward Classes by Government from time to time.</tr></tbody></table><strong>General</strong>:-<p style="text-align: justify;"> (Please also see Annexure 36).</p><p style="text-align: justify;"> 15. An appeal against the decision of the Educational Inspector, Greater Bombay or as the case may be, the Education Officer, Zilla Parishad concerned, who has not sanctioned the change shall be submitted to the Deputy Director concerned within 30 days of the receipt of the order."</p><p style="text-align: justify;"> 6. On fulfillment of requirements laid down under Appendix Six, the application tendered for effecting change in the entries recorded in school record can be entertained. Respondents were therefore not justified in turning down the application tendered by the petitioner on the ground that the entries recorded in the school record cannot be corrected after pupil has left school. The petition, therefore, deserves to be allowed and Education Officer (Primary), Zilla Parishad, Osmanabad is required to be directed to consider the application tendered by the petitioner to the school authorities and which has been forwarded to the Education Officer (Primary), Zilla Parishad, Osmanabad, in accordance with provisions of Secondary Schools Code, 2006. The orders passed by respondent Nos. 2 and 3 impugned in this petition, are quashed and set aside and the matter is remitted back to the Education Officer (Primary), Zilla Parishad, Osmanabad for reconsideration. The Education Officer (Primary), Zilla Parishad, Osmanabad shall proceed to take decision on the application in accordance with provisions of Secondary Schools Code, 2006 and the observations made in this judgment. The petitioner shall cause appearance before the Education Officer (Primary), Zilla Parishad, Osmanabad on 29th October, 2012 and as such, no separate notice requiring petitioner's appearance before respondent No. 3 shall be essential. Respondent No. 3 shall decide the application, as expeditiously as possible, preferably within eight (8) weeks from date of appearance of petitioner before him. Rule is accordingly made absolute. No order as to costs.</p><p style="text-align: justify;"> 7. Pending civil application, if any, does not survive, same stands disposed of.</p>',
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		'appealno' => 'Writ Petition No.3266 of 2012 ',
		'appellant' => 'Vilas S/O Dattatraya Ransubhe',
		'authreffered' => null,
		'casename' => 'Vilas S/O Dattatraya Ransubhe Vs. the State of Maharashtra, Through the Secretary, School Education and Sports Department and Others',
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		'judgement' => '<p><strong>Oral Judgment : [ R.M. Borde, J.]</strong><p> Rule. Rule made returnable forthwith.</p><p> With consent of the parties, the petition is taken up for final disposal at admission stage.</p><p> 2. The petitioner claims to be belonging to Bhavsar Kshetriya caste which is included in Other Backward Class category. The petitioner is serving as Conductor in Maharashtra State Road Transport Corporation. The school record of the petitioner records caste as 'Hindu Maratha'. According to the petitioner, while securing admission in school, his father has erroneously recorded the entry as 'Hindu Maratha'. He further contends that old record pertaining to his father, uncle and other near relatives show that they belong to 'Bhavsar Kehstriya caste'. The petitioner has also been issued caste certificate by the competent authority. The son of the petitioner has also been issued caste certificate by the competent authority certifying that he belongs to 'Bhavsar Kshetriya caste' and his caste claim has been validated by the competent Committee. The petitioner, therefore, tendered application to school where he was studying for onward transmission to the Education Officer (Primary), Zilla Parishad, Osmanabad for issuing directions for affecting necessary corrections. The school authority forwarded the application with favourable recommendation to the Education Officer. The Education Officer (Primary) by his order dated 1st November, 2011 was pleased to reject the application recording that since the petitioner has left the school, the application is not maintainable.</p><p> 3. The petitioner tendered appeal to the Deputy Director of Education, Latur Division, Latur,which was heard and disposed of by Deputy Director of Education, Latur Division, Latur on 30th January, 2012 and appeal came to be dismissed. The appellate authority has recorded in the order that rule 26.4, Appendix-Six of the Secondary Schools Code-2006 does not permit to make correction in the entries in respect of caste in the school record after pupil has left the school. According to the petitioner, reasons recorded by both the authorities for turning down his claim are erroneous and against the provisions of Secondary Schools Code, 2006. Rule 26.4 of the Secondary Schools Code, 2006 prescribe that application for change or correction of date of birth, name, surname, caste etc., as entered in the General Register shall be entertained from or on behalf of a pupil who is attending a school. It further provide that such application shall not be entertained from or on behalf of a pupil, who has left the school, as the same amounts not only to a change in the entries in the General Register but also to a change in the School Leaving Certificate. It has been further prescribed that, however, for the purposes like an admission to another educational institution the School Leaving certificate is relied upon as an evidence for name, surname, caste, date of birth etc., and in bonafide cases where wrong spelling of a word or an obvious mistake of the type mentioned in sub-rule 3 above is noticed any time after issue of the School Leaving Certificate and the same is required to be corrected so as to be consistent with the corresponding entries in the General Register of the school or those in the School Leaving Certificate issued by the previous school, such applications shall be entertained. The procedure to be followed in such cases is laid down in Appendix Six.</p><p> 4. Rule 26.4 of the Secondary Schools Code, 2006 has been interpreted by the Division Bench of this Court in the matter of Shaikh Shafi Ahmed Khadarsab vs. The State of Maharashtra and others in Writ Petition No. 1138 of 2009 decided on 13<sup>th</sup> March, 2012. In paragraph-11 of the judgment cited supra, the Division Bench of this Court has observed thus:</p><p> "11. For all these reasons, we hold that the instructions contained in para 26.4 of the S.S.Code that an application for change of an entry in the General Register of a school shall be entertained only on behalf of the pupil who is attending the school meaning thereby that it shall not be entertained on behalf of the pupil who has left the school, are directory and not mandatory. In our view, such an application can be entertained even after the pupil has left the school, provided the application is bona-fide and the pupil is able to satisfy that the original entry in the General Register of the school is erroneous. The application can be rejected if the entry is not shown to be erroneous and wrong. It, however, cannot be rejected without it being considered on merits, only on the technical ground that the application has been made after the pupil has left the school."</p><p> 5. Appendix Six of the Secondary Schools Code, 2006 lays down the procedure in respect of making correction and change in names, surnames, caste/sub-caste, date of birth etc., Paragraph Nos.12 to 15 of Appendix Six reads thus:</p><p> "<strong>Change in Caste or Sub-Caste (in respect of B.C. pupils only):</strong></p><p> (12) For making changes in caste or sub-caste of Backward Class pupils the guardian of the pupil shall make an application in Form No. 3 accompanying these rules.</p><p> (13) Permission may be given to change the entries in the General Register of the school in respect of "caste" or "sub-caste" of Backward Class pupils in the following circumstances.</p><p> (i) due to wrong entries made initially;</p><p> (ii) due to change in religion;</p><p> (iii) if the caste previously treated as non-backward was subsequently declared by Government as Backward or vice-versa.</p><p> (iv) due to adoption;</p><p> (v) due to inter-caste or inter-religion marriage;</p><p> (14) For this purpose, the necessary certificates from the following authorities must accompany the application for change of caste or sub-caste:</p><p> <strong>(a) For Reasons</strong>, (i),(ii) and (iii) above:</p><p> In Greater Bombay (a) The Chief Presidency Magistrate or the Presidency Magistrate authorised by him;</p><p> Or</p><p> (b) Justice of Peace; or (Deleted)</p><p> (c) Social, Welfare Officer, Greater Bombay, Bombay.</p><p> In other areas (d) The District Magistrates or Executive Magistrates authorized by them;</p><p> or</p><p> (e) Honorary Magistrates; or (Deleted)</p><p> (f) The Social Welfare Officer of the district concerned.</p><p> (<strong>b) Due to adoption </strong>:</p><p> The original adoption-deed or a certified copy of that deed or a certificate from stipendiary Magistrate showing the change in name (if any) and the caste or sub-caste changed as a result of adoption should accompany the application for change in caste or sub-caste.</p><p> <strong>(c) Due to inter-caste or inter-religion marriage </strong>:</p><p> A declaration by the parent or guardian attested by two witnesses and the student himself/herself or certified copy of the certificate of registration of marriage should accompany the application for change in caste or sub-caste along with the certificate from the concerned competent authority mentioned in (a) above showing that the caste or sub-caste has changed as a result of the marriage.</p><p> <strong>(d) Due to any other reason </strong>:</p><p> An affidavit made before a stipendiary Magistrate by the parent or guardian should accompany the application for change in caste of sub-caste.</p><p> <strong>N.B</strong>.: The term "Backward Class" means and includes the following categories.</p><table><tbody><tr><td>1<td>Scheduled castes and Schedule Caste converts to Buddhism.<td>As per Scheduled Castes and Scheduled Tribes Lists Modification Order, 1956, as adopted for Maharashtra State.</tr><tr><td>2<td>Scheduled Tribes including those outside specified areas.<td>Vide Part VII-A of the Seventh and Eighth Schedule of the Bombay Reorganisation Act, 1960 and orders issued by Government in this behalf from time to time.</tr><tr><td>3<td>DenotifiedTribes and Nomadic Tribes.<td>As per Government Resolution, Education and Social Welfare Deptt. No. CBC. 1361-M, dated 21<sup>st</sup> November 1961 and Government from time to time.</tr><tr><td>4<td>Other Classes.<td>Backward Castes which have been declared as belonging to the other Backward Classes by Government from time to time.</tr></tbody></table><strong>General</strong>:-<p> (Please also see Annexure 36).</p><p> 15. An appeal against the decision of the Educational Inspector, Greater Bombay or as the case may be, the Education Officer, Zilla Parishad concerned, who has not sanctioned the change shall be submitted to the Deputy Director concerned within 30 days of the receipt of the order."</p><p> 6. On fulfillment of requirements laid down under Appendix Six, the application tendered for effecting change in the entries recorded in school record can be entertained. Respondents were therefore not justified in turning down the application tendered by the petitioner on the ground that the entries recorded in the school record cannot be corrected after pupil has left school. The petition, therefore, deserves to be allowed and Education Officer (Primary), Zilla Parishad, Osmanabad is required to be directed to consider the application tendered by the petitioner to the school authorities and which has been forwarded to the Education Officer (Primary), Zilla Parishad, Osmanabad, in accordance with provisions of Secondary Schools Code, 2006. The orders passed by respondent Nos. 2 and 3 impugned in this petition, are quashed and set aside and the matter is remitted back to the Education Officer (Primary), Zilla Parishad, Osmanabad for reconsideration. The Education Officer (Primary), Zilla Parishad, Osmanabad shall proceed to take decision on the application in accordance with provisions of Secondary Schools Code, 2006 and the observations made in this judgment. The petitioner shall cause appearance before the Education Officer (Primary), Zilla Parishad, Osmanabad on 29th October, 2012 and as such, no separate notice requiring petitioner's appearance before respondent No. 3 shall be essential. Respondent No. 3 shall decide the application, as expeditiously as possible, preferably within eight (8) weeks from date of appearance of petitioner before him. Rule is accordingly made absolute. No order as to costs.</p><p> 7. Pending civil application, if any, does not survive, same stands disposed of.</p>',
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	(int) 0 => '<p><strong>Oral Judgment : [ R.M. Borde, J.]</strong><p> Rule. Rule made returnable forthwith.',
	(int) 1 => '<p> With consent of the parties, the petition is taken up for final disposal at admission stage.',
	(int) 2 => '<p> 2. The petitioner claims to be belonging to Bhavsar Kshetriya caste which is included in Other Backward Class category. The petitioner is serving as Conductor in Maharashtra State Road Transport Corporation. The school record of the petitioner records caste as 'Hindu Maratha'. According to the petitioner, while securing admission in school, his father has erroneously recorded the entry as 'Hindu Maratha'. He further contends that old record pertaining to his father, uncle and other near relatives show that they belong to 'Bhavsar Kehstriya caste'. The petitioner has also been issued caste certificate by the competent authority. The son of the petitioner has also been issued caste certificate by the competent authority certifying that he belongs to 'Bhavsar Kshetriya caste' and his caste claim has been validated by the competent Committee. The petitioner, therefore, tendered application to school where he was studying for onward transmission to the Education Officer (Primary), Zilla Parishad, Osmanabad for issuing directions for affecting necessary corrections. The school authority forwarded the application with favourable recommendation to the Education Officer. The Education Officer (Primary) by his order dated 1st November, 2011 was pleased to reject the application recording that since the petitioner has left the school, the application is not maintainable.',
	(int) 3 => '<p> 3. The petitioner tendered appeal to the Deputy Director of Education, Latur Division, Latur,which was heard and disposed of by Deputy Director of Education, Latur Division, Latur on 30th January, 2012 and appeal came to be dismissed. The appellate authority has recorded in the order that rule 26.4, Appendix-Six of the Secondary Schools Code-2006 does not permit to make correction in the entries in respect of caste in the school record after pupil has left the school. According to the petitioner, reasons recorded by both the authorities for turning down his claim are erroneous and against the provisions of Secondary Schools Code, 2006. Rule 26.4 of the Secondary Schools Code, 2006 prescribe that application for change or correction of date of birth, name, surname, caste etc., as entered in the General Register shall be entertained from or on behalf of a pupil who is attending a school. It further provide that such application shall not be entertained from or on behalf of a pupil, who has left the school, as the same amounts not only to a change in the entries in the General Register but also to a change in the School Leaving Certificate. It has been further prescribed that, however, for the purposes like an admission to another educational institution the School Leaving certificate is relied upon as an evidence for name, surname, caste, date of birth etc., and in bonafide cases where wrong spelling of a word or an obvious mistake of the type mentioned in sub-rule 3 above is noticed any time after issue of the School Leaving Certificate and the same is required to be corrected so as to be consistent with the corresponding entries in the General Register of the school or those in the School Leaving Certificate issued by the previous school, such applications shall be entertained. The procedure to be followed in such cases is laid down in Appendix Six.',
	(int) 4 => '<p> 4. Rule 26.4 of the Secondary Schools Code, 2006 has been interpreted by the Division Bench of this Court in the matter of Shaikh Shafi Ahmed Khadarsab vs. The State of Maharashtra and others in Writ Petition No. 1138 of 2009 decided on 13<sup>th</sup> March, 2012. In paragraph-11 of the judgment cited supra, the Division Bench of this Court has observed thus:',
	(int) 5 => '<p> "11. For all these reasons, we hold that the instructions contained in para 26.4 of the S.S.Code that an application for change of an entry in the General Register of a school shall be entertained only on behalf of the pupil who is attending the school meaning thereby that it shall not be entertained on behalf of the pupil who has left the school, are directory and not mandatory. In our view, such an application can be entertained even after the pupil has left the school, provided the application is bona-fide and the pupil is able to satisfy that the original entry in the General Register of the school is erroneous. The application can be rejected if the entry is not shown to be erroneous and wrong. It, however, cannot be rejected without it being considered on merits, only on the technical ground that the application has been made after the pupil has left the school."',
	(int) 6 => '<p> 5. Appendix Six of the Secondary Schools Code, 2006 lays down the procedure in respect of making correction and change in names, surnames, caste/sub-caste, date of birth etc., Paragraph Nos.12 to 15 of Appendix Six reads thus:',
	(int) 7 => '<p> "<strong>Change in Caste or Sub-Caste (in respect of B.C. pupils only):</strong>',
	(int) 8 => '<p> (12) For making changes in caste or sub-caste of Backward Class pupils the guardian of the pupil shall make an application in Form No. 3 accompanying these rules.',
	(int) 9 => '<p> (13) Permission may be given to change the entries in the General Register of the school in respect of "caste" or "sub-caste" of Backward Class pupils in the following circumstances.',
	(int) 10 => '<p> (i) due to wrong entries made initially;',
	(int) 11 => '<p> (ii) due to change in religion;',
	(int) 12 => '<p> (iii) if the caste previously treated as non-backward was subsequently declared by Government as Backward or vice-versa.',
	(int) 13 => '<p> (iv) due to adoption;',
	(int) 14 => '<p> (v) due to inter-caste or inter-religion marriage;',
	(int) 15 => '<p> (14) For this purpose, the necessary certificates from the following authorities must accompany the application for change of caste or sub-caste:',
	(int) 16 => '<p> <strong>(a) For Reasons</strong>, (i),(ii) and (iii) above:',
	(int) 17 => '<p> In Greater Bombay (a) The Chief Presidency Magistrate or the Presidency Magistrate authorised by him;',
	(int) 18 => '<p> Or',
	(int) 19 => '<p> (b) Justice of Peace; or (Deleted)',
	(int) 20 => '<p> (c) Social, Welfare Officer, Greater Bombay, Bombay.',
	(int) 21 => '<p> In other areas (d) The District Magistrates or Executive Magistrates authorized by them;',
	(int) 22 => '<p> or',
	(int) 23 => '<p> (e) Honorary Magistrates; or (Deleted)',
	(int) 24 => '<p> (f) The Social Welfare Officer of the district concerned.',
	(int) 25 => '<p> (<strong>b) Due to adoption </strong>:',
	(int) 26 => '<p> The original adoption-deed or a certified copy of that deed or a certificate from stipendiary Magistrate showing the change in name (if any) and the caste or sub-caste changed as a result of adoption should accompany the application for change in caste or sub-caste.',
	(int) 27 => '<p> <strong>(c) Due to inter-caste or inter-religion marriage </strong>:',
	(int) 28 => '<p> A declaration by the parent or guardian attested by two witnesses and the student himself/herself or certified copy of the certificate of registration of marriage should accompany the application for change in caste or sub-caste along with the certificate from the concerned competent authority mentioned in (a) above showing that the caste or sub-caste has changed as a result of the marriage.',
	(int) 29 => '<p> <strong>(d) Due to any other reason </strong>:',
	(int) 30 => '<p> An affidavit made before a stipendiary Magistrate by the parent or guardian should accompany the application for change in caste of sub-caste.',
	(int) 31 => '<p> <strong>N.B</strong>.: The term "Backward Class" means and includes the following categories.',
	(int) 32 => '<table><tbody><tr><td>1<td>Scheduled castes and Schedule Caste converts to Buddhism.<td>As per Scheduled Castes and Scheduled Tribes Lists Modification Order, 1956, as adopted for Maharashtra State.</tr><tr><td>2<td>Scheduled Tribes including those outside specified areas.<td>Vide Part VII-A of the Seventh and Eighth Schedule of the Bombay Reorganisation Act, 1960 and orders issued by Government in this behalf from time to time.</tr><tr><td>3<td>DenotifiedTribes and Nomadic Tribes.<td>As per Government Resolution, Education and Social Welfare Deptt. No. CBC. 1361-M, dated 21<sup>st</sup> November 1961 and Government from time to time.</tr><tr><td>4<td>Other Classes.<td>Backward Castes which have been declared as belonging to the other Backward Classes by Government from time to time.</tr></tbody></table><strong>General</strong>:-<p> (Please also see Annexure 36).',
	(int) 33 => '<p> 15. An appeal against the decision of the Educational Inspector, Greater Bombay or as the case may be, the Education Officer, Zilla Parishad concerned, who has not sanctioned the change shall be submitted to the Deputy Director concerned within 30 days of the receipt of the order."',
	(int) 34 => '<p> 6. On fulfillment of requirements laid down under Appendix Six, the application tendered for effecting change in the entries recorded in school record can be entertained. Respondents were therefore not justified in turning down the application tendered by the petitioner on the ground that the entries recorded in the school record cannot be corrected after pupil has left school. The petition, therefore, deserves to be allowed and Education Officer (Primary), Zilla Parishad, Osmanabad is required to be directed to consider the application tendered by the petitioner to the school authorities and which has been forwarded to the Education Officer (Primary), Zilla Parishad, Osmanabad, in accordance with provisions of Secondary Schools Code, 2006. The orders passed by respondent Nos. 2 and 3 impugned in this petition, are quashed and set aside and the matter is remitted back to the Education Officer (Primary), Zilla Parishad, Osmanabad for reconsideration. The Education Officer (Primary), Zilla Parishad, Osmanabad shall proceed to take decision on the application in accordance with provisions of Secondary Schools Code, 2006 and the observations made in this judgment. The petitioner shall cause appearance before the Education Officer (Primary), Zilla Parishad, Osmanabad on 29th October, 2012 and as such, no separate notice requiring petitioner's appearance before respondent No. 3 shall be essential. Respondent No. 3 shall decide the application, as expeditiously as possible, preferably within eight (8) weeks from date of appearance of petitioner before him. Rule is accordingly made absolute. No order as to costs.',
	(int) 35 => '<p> 7. Pending civil application, if any, does not survive, same stands disposed of.',
	(int) 36 => ''
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(iii) if the caste previously treated as non-backward was subsequently declared by Government as Backward or vice-versa.

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	'title_for_layout' => 'Vilas S O Dattatraya Ransubhe Vs the State of Maharashtra Through the Secretary School Education and Sports Department and Others - Citation 1105404 - Court Judgment | ',
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			'id' => '1105404',
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			'appealno' => 'Writ Petition No.3266 of 2012 ',
			'appellant' => 'Vilas S/O Dattatraya Ransubhe',
			'authreffered' => null,
			'casename' => 'Vilas S/O Dattatraya Ransubhe Vs. the State of Maharashtra, Through the Secretary, School Education and Sports Department and Others',
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			'court' => 'Mumbai Aurangabad',
			'court_type' => 'HC',
			'decidedon' => '2012-10-08',
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			'judge' => 'R.M. BORDE & S.S. SHINDE',
			'judgement' => '<p style="text-align: justify;"><strong>Oral Judgment : [ R.M. Borde, J.]</strong><p style="text-align: justify;"> Rule. Rule made returnable forthwith.</p><p style="text-align: justify;"> With consent of the parties, the petition is taken up for final disposal at admission stage.</p><p style="text-align: justify;"> 2. The petitioner claims to be belonging to Bhavsar Kshetriya caste which is included in Other Backward Class category. The petitioner is serving as Conductor in Maharashtra State Road Transport Corporation. The school record of the petitioner records caste as 'Hindu Maratha'. According to the petitioner, while securing admission in school, his father has erroneously recorded the entry as 'Hindu Maratha'. He further contends that old record pertaining to his father, uncle and other near relatives show that they belong to 'Bhavsar Kehstriya caste'. The petitioner has also been issued caste certificate by the competent authority. The son of the petitioner has also been issued caste certificate by the competent authority certifying that he belongs to 'Bhavsar Kshetriya caste' and his caste claim has been validated by the competent Committee. The petitioner, therefore, tendered application to school where he was studying for onward transmission to the Education Officer (Primary), Zilla Parishad, Osmanabad for issuing directions for affecting necessary corrections. The school authority forwarded the application with favourable recommendation to the Education Officer. The Education Officer (Primary) by his order dated 1st November, 2011 was pleased to reject the application recording that since the petitioner has left the school, the application is not maintainable.</p><p style="text-align: justify;"> 3. The petitioner tendered appeal to the Deputy Director of Education, Latur Division, Latur,which was heard and disposed of by Deputy Director of Education, Latur Division, Latur on 30th January, 2012 and appeal came to be dismissed. The appellate authority has recorded in the order that rule 26.4, Appendix-Six of the Secondary Schools Code-2006 does not permit to make correction in the entries in respect of caste in the school record after pupil has left the school. According to the petitioner, reasons recorded by both the authorities for turning down his claim are erroneous and against the provisions of Secondary Schools Code, 2006. Rule 26.4 of the Secondary Schools Code, 2006 prescribe that application for change or correction of date of birth, name, surname, caste etc., as entered in the General Register shall be entertained from or on behalf of a pupil who is attending a school. It further provide that such application shall not be entertained from or on behalf of a pupil, who has left the school, as the same amounts not only to a change in the entries in the General Register but also to a change in the School Leaving Certificate. It has been further prescribed that, however, for the purposes like an admission to another educational institution the School Leaving certificate is relied upon as an evidence for name, surname, caste, date of birth etc., and in bonafide cases where wrong spelling of a word or an obvious mistake of the type mentioned in sub-rule 3 above is noticed any time after issue of the School Leaving Certificate and the same is required to be corrected so as to be consistent with the corresponding entries in the General Register of the school or those in the School Leaving Certificate issued by the previous school, such applications shall be entertained. The procedure to be followed in such cases is laid down in Appendix Six.</p><p style="text-align: justify;"> 4. Rule 26.4 of the Secondary Schools Code, 2006 has been interpreted by the Division Bench of this Court in the matter of Shaikh Shafi Ahmed Khadarsab vs. The State of Maharashtra and others in Writ Petition No. 1138 of 2009 decided on 13<sup>th</sup> March, 2012. In paragraph-11 of the judgment cited supra, the Division Bench of this Court has observed thus:</p><p style="text-align: justify;"> "11. For all these reasons, we hold that the instructions contained in para 26.4 of the S.S.Code that an application for change of an entry in the General Register of a school shall be entertained only on behalf of the pupil who is attending the school meaning thereby that it shall not be entertained on behalf of the pupil who has left the school, are directory and not mandatory. In our view, such an application can be entertained even after the pupil has left the school, provided the application is bona-fide and the pupil is able to satisfy that the original entry in the General Register of the school is erroneous. The application can be rejected if the entry is not shown to be erroneous and wrong. It, however, cannot be rejected without it being considered on merits, only on the technical ground that the application has been made after the pupil has left the school."</p><p style="text-align: justify;"> 5. Appendix Six of the Secondary Schools Code, 2006 lays down the procedure in respect of making correction and change in names, surnames, caste/sub-caste, date of birth etc., Paragraph Nos.12 to 15 of Appendix Six reads thus:</p><p style="text-align: justify;"> "<strong>Change in Caste or Sub-Caste (in respect of B.C. pupils only):</strong></p><p style="text-align: justify;"> (12) For making changes in caste or sub-caste of Backward Class pupils the guardian of the pupil shall make an application in Form No. 3 accompanying these rules.</p><p style="text-align: justify;"> (13) Permission may be given to change the entries in the General Register of the school in respect of "caste" or "sub-caste" of Backward Class pupils in the following circumstances.</p><p style="text-align: justify;"> (i) due to wrong entries made initially;</p><p style="text-align: justify;"> (ii) due to change in religion;</p><p style="text-align: justify;"> (iii) if the caste previously treated as non-backward was subsequently declared by Government as Backward or vice-versa.</p><p style="text-align: justify;"> (iv) due to adoption;</p><p style="text-align: justify;"> (v) due to inter-caste or inter-religion marriage;</p><p style="text-align: justify;"> (14) For this purpose, the necessary certificates from the following authorities must accompany the application for change of caste or sub-caste:</p><p style="text-align: justify;"> <strong>(a) For Reasons</strong>, (i),(ii) and (iii) above:</p><p style="text-align: justify;"> In Greater Bombay (a) The Chief Presidency Magistrate or the Presidency Magistrate authorised by him;</p><p style="text-align: justify;"> Or</p><p style="text-align: justify;"> (b) Justice of Peace; or (Deleted)</p><p style="text-align: justify;"> (c) Social, Welfare Officer, Greater Bombay, Bombay.</p><p style="text-align: justify;"> In other areas (d) The District Magistrates or Executive Magistrates authorized by them;</p><p style="text-align: justify;"> or</p><p style="text-align: justify;"> (e) Honorary Magistrates; or (Deleted)</p><p style="text-align: justify;"> (f) The Social Welfare Officer of the district concerned.</p><p style="text-align: justify;"> (<strong>b) Due to adoption </strong>:</p><p style="text-align: justify;"> The original adoption-deed or a certified copy of that deed or a certificate from stipendiary Magistrate showing the change in name (if any) and the caste or sub-caste changed as a result of adoption should accompany the application for change in caste or sub-caste.</p><p style="text-align: justify;"> <strong>(c) Due to inter-caste or inter-religion marriage </strong>:</p><p style="text-align: justify;"> A declaration by the parent or guardian attested by two witnesses and the student himself/herself or certified copy of the certificate of registration of marriage should accompany the application for change in caste or sub-caste along with the certificate from the concerned competent authority mentioned in (a) above showing that the caste or sub-caste has changed as a result of the marriage.</p><p style="text-align: justify;"> <strong>(d) Due to any other reason </strong>:</p><p style="text-align: justify;"> An affidavit made before a stipendiary Magistrate by the parent or guardian should accompany the application for change in caste of sub-caste.</p><p style="text-align: justify;"> <strong>N.B</strong>.: The term "Backward Class" means and includes the following categories.</p><table border="1" cellpadding="0" cellspacing="0"><tbody><tr><td style="width: 43px">1<td style="width: 251px">Scheduled castes and Schedule Caste converts to Buddhism.<td style="width: 282px">As per Scheduled Castes and Scheduled Tribes Lists Modification Order, 1956, as adopted for Maharashtra State.</tr><tr><td style="width: 43px">2<td style="width: 251px">Scheduled Tribes including those outside specified areas.<td style="width: 282px">Vide Part VII-A of the Seventh and Eighth Schedule of the Bombay Reorganisation Act, 1960 and orders issued by Government in this behalf from time to time.</tr><tr><td style="width: 43px">3<td style="width: 251px">DenotifiedTribes and Nomadic Tribes.<td style="width: 282px">As per Government Resolution, Education and Social Welfare Deptt. No. CBC. 1361-M, dated 21<sup>st</sup> November 1961 and Government from time to time.</tr><tr><td style="width: 43px">4<td style="width: 251px">Other Classes.<td style="width: 282px">Backward Castes which have been declared as belonging to the other Backward Classes by Government from time to time.</tr></tbody></table><strong>General</strong>:-<p style="text-align: justify;"> (Please also see Annexure 36).</p><p style="text-align: justify;"> 15. An appeal against the decision of the Educational Inspector, Greater Bombay or as the case may be, the Education Officer, Zilla Parishad concerned, who has not sanctioned the change shall be submitted to the Deputy Director concerned within 30 days of the receipt of the order."</p><p style="text-align: justify;"> 6. On fulfillment of requirements laid down under Appendix Six, the application tendered for effecting change in the entries recorded in school record can be entertained. Respondents were therefore not justified in turning down the application tendered by the petitioner on the ground that the entries recorded in the school record cannot be corrected after pupil has left school. The petition, therefore, deserves to be allowed and Education Officer (Primary), Zilla Parishad, Osmanabad is required to be directed to consider the application tendered by the petitioner to the school authorities and which has been forwarded to the Education Officer (Primary), Zilla Parishad, Osmanabad, in accordance with provisions of Secondary Schools Code, 2006. The orders passed by respondent Nos. 2 and 3 impugned in this petition, are quashed and set aside and the matter is remitted back to the Education Officer (Primary), Zilla Parishad, Osmanabad for reconsideration. The Education Officer (Primary), Zilla Parishad, Osmanabad shall proceed to take decision on the application in accordance with provisions of Secondary Schools Code, 2006 and the observations made in this judgment. The petitioner shall cause appearance before the Education Officer (Primary), Zilla Parishad, Osmanabad on 29th October, 2012 and as such, no separate notice requiring petitioner's appearance before respondent No. 3 shall be essential. Respondent No. 3 shall decide the application, as expeditiously as possible, preferably within eight (8) weeks from date of appearance of petitioner before him. Rule is accordingly made absolute. No order as to costs.</p><p style="text-align: justify;"> 7. Pending civil application, if any, does not survive, same stands disposed of.</p>',
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		'judgement' => '<p><strong>Oral Judgment : [ R.M. Borde, J.]</strong><p> Rule. Rule made returnable forthwith.</p><p> With consent of the parties, the petition is taken up for final disposal at admission stage.</p><p> 2. The petitioner claims to be belonging to Bhavsar Kshetriya caste which is included in Other Backward Class category. The petitioner is serving as Conductor in Maharashtra State Road Transport Corporation. The school record of the petitioner records caste as 'Hindu Maratha'. According to the petitioner, while securing admission in school, his father has erroneously recorded the entry as 'Hindu Maratha'. He further contends that old record pertaining to his father, uncle and other near relatives show that they belong to 'Bhavsar Kehstriya caste'. The petitioner has also been issued caste certificate by the competent authority. The son of the petitioner has also been issued caste certificate by the competent authority certifying that he belongs to 'Bhavsar Kshetriya caste' and his caste claim has been validated by the competent Committee. The petitioner, therefore, tendered application to school where he was studying for onward transmission to the Education Officer (Primary), Zilla Parishad, Osmanabad for issuing directions for affecting necessary corrections. The school authority forwarded the application with favourable recommendation to the Education Officer. The Education Officer (Primary) by his order dated 1st November, 2011 was pleased to reject the application recording that since the petitioner has left the school, the application is not maintainable.</p><p> 3. The petitioner tendered appeal to the Deputy Director of Education, Latur Division, Latur,which was heard and disposed of by Deputy Director of Education, Latur Division, Latur on 30th January, 2012 and appeal came to be dismissed. The appellate authority has recorded in the order that rule 26.4, Appendix-Six of the Secondary Schools Code-2006 does not permit to make correction in the entries in respect of caste in the school record after pupil has left the school. According to the petitioner, reasons recorded by both the authorities for turning down his claim are erroneous and against the provisions of Secondary Schools Code, 2006. Rule 26.4 of the Secondary Schools Code, 2006 prescribe that application for change or correction of date of birth, name, surname, caste etc., as entered in the General Register shall be entertained from or on behalf of a pupil who is attending a school. It further provide that such application shall not be entertained from or on behalf of a pupil, who has left the school, as the same amounts not only to a change in the entries in the General Register but also to a change in the School Leaving Certificate. It has been further prescribed that, however, for the purposes like an admission to another educational institution the School Leaving certificate is relied upon as an evidence for name, surname, caste, date of birth etc., and in bonafide cases where wrong spelling of a word or an obvious mistake of the type mentioned in sub-rule 3 above is noticed any time after issue of the School Leaving Certificate and the same is required to be corrected so as to be consistent with the corresponding entries in the General Register of the school or those in the School Leaving Certificate issued by the previous school, such applications shall be entertained. The procedure to be followed in such cases is laid down in Appendix Six.</p><p> 4. Rule 26.4 of the Secondary Schools Code, 2006 has been interpreted by the Division Bench of this Court in the matter of Shaikh Shafi Ahmed Khadarsab vs. The State of Maharashtra and others in Writ Petition No. 1138 of 2009 decided on 13<sup>th</sup> March, 2012. In paragraph-11 of the judgment cited supra, the Division Bench of this Court has observed thus:</p><p> "11. For all these reasons, we hold that the instructions contained in para 26.4 of the S.S.Code that an application for change of an entry in the General Register of a school shall be entertained only on behalf of the pupil who is attending the school meaning thereby that it shall not be entertained on behalf of the pupil who has left the school, are directory and not mandatory. In our view, such an application can be entertained even after the pupil has left the school, provided the application is bona-fide and the pupil is able to satisfy that the original entry in the General Register of the school is erroneous. The application can be rejected if the entry is not shown to be erroneous and wrong. It, however, cannot be rejected without it being considered on merits, only on the technical ground that the application has been made after the pupil has left the school."</p><p> 5. Appendix Six of the Secondary Schools Code, 2006 lays down the procedure in respect of making correction and change in names, surnames, caste/sub-caste, date of birth etc., Paragraph Nos.12 to 15 of Appendix Six reads thus:</p><p> "<strong>Change in Caste or Sub-Caste (in respect of B.C. pupils only):</strong></p><p> (12) For making changes in caste or sub-caste of Backward Class pupils the guardian of the pupil shall make an application in Form No. 3 accompanying these rules.</p><p> (13) Permission may be given to change the entries in the General Register of the school in respect of "caste" or "sub-caste" of Backward Class pupils in the following circumstances.</p><p> (i) due to wrong entries made initially;</p><p> (ii) due to change in religion;</p><p> (iii) if the caste previously treated as non-backward was subsequently declared by Government as Backward or vice-versa.</p><p> (iv) due to adoption;</p><p> (v) due to inter-caste or inter-religion marriage;</p><p> (14) For this purpose, the necessary certificates from the following authorities must accompany the application for change of caste or sub-caste:</p><p> <strong>(a) For Reasons</strong>, (i),(ii) and (iii) above:</p><p> In Greater Bombay (a) The Chief Presidency Magistrate or the Presidency Magistrate authorised by him;</p><p> Or</p><p> (b) Justice of Peace; or (Deleted)</p><p> (c) Social, Welfare Officer, Greater Bombay, Bombay.</p><p> In other areas (d) The District Magistrates or Executive Magistrates authorized by them;</p><p> or</p><p> (e) Honorary Magistrates; or (Deleted)</p><p> (f) The Social Welfare Officer of the district concerned.</p><p> (<strong>b) Due to adoption </strong>:</p><p> The original adoption-deed or a certified copy of that deed or a certificate from stipendiary Magistrate showing the change in name (if any) and the caste or sub-caste changed as a result of adoption should accompany the application for change in caste or sub-caste.</p><p> <strong>(c) Due to inter-caste or inter-religion marriage </strong>:</p><p> A declaration by the parent or guardian attested by two witnesses and the student himself/herself or certified copy of the certificate of registration of marriage should accompany the application for change in caste or sub-caste along with the certificate from the concerned competent authority mentioned in (a) above showing that the caste or sub-caste has changed as a result of the marriage.</p><p> <strong>(d) Due to any other reason </strong>:</p><p> An affidavit made before a stipendiary Magistrate by the parent or guardian should accompany the application for change in caste of sub-caste.</p><p> <strong>N.B</strong>.: The term "Backward Class" means and includes the following categories.</p><table><tbody><tr><td>1<td>Scheduled castes and Schedule Caste converts to Buddhism.<td>As per Scheduled Castes and Scheduled Tribes Lists Modification Order, 1956, as adopted for Maharashtra State.</tr><tr><td>2<td>Scheduled Tribes including those outside specified areas.<td>Vide Part VII-A of the Seventh and Eighth Schedule of the Bombay Reorganisation Act, 1960 and orders issued by Government in this behalf from time to time.</tr><tr><td>3<td>DenotifiedTribes and Nomadic Tribes.<td>As per Government Resolution, Education and Social Welfare Deptt. No. CBC. 1361-M, dated 21<sup>st</sup> November 1961 and Government from time to time.</tr><tr><td>4<td>Other Classes.<td>Backward Castes which have been declared as belonging to the other Backward Classes by Government from time to time.</tr></tbody></table><strong>General</strong>:-<p> (Please also see Annexure 36).</p><p> 15. An appeal against the decision of the Educational Inspector, Greater Bombay or as the case may be, the Education Officer, Zilla Parishad concerned, who has not sanctioned the change shall be submitted to the Deputy Director concerned within 30 days of the receipt of the order."</p><p> 6. On fulfillment of requirements laid down under Appendix Six, the application tendered for effecting change in the entries recorded in school record can be entertained. Respondents were therefore not justified in turning down the application tendered by the petitioner on the ground that the entries recorded in the school record cannot be corrected after pupil has left school. The petition, therefore, deserves to be allowed and Education Officer (Primary), Zilla Parishad, Osmanabad is required to be directed to consider the application tendered by the petitioner to the school authorities and which has been forwarded to the Education Officer (Primary), Zilla Parishad, Osmanabad, in accordance with provisions of Secondary Schools Code, 2006. The orders passed by respondent Nos. 2 and 3 impugned in this petition, are quashed and set aside and the matter is remitted back to the Education Officer (Primary), Zilla Parishad, Osmanabad for reconsideration. The Education Officer (Primary), Zilla Parishad, Osmanabad shall proceed to take decision on the application in accordance with provisions of Secondary Schools Code, 2006 and the observations made in this judgment. The petitioner shall cause appearance before the Education Officer (Primary), Zilla Parishad, Osmanabad on 29th October, 2012 and as such, no separate notice requiring petitioner's appearance before respondent No. 3 shall be essential. Respondent No. 3 shall decide the application, as expeditiously as possible, preferably within eight (8) weeks from date of appearance of petitioner before him. Rule is accordingly made absolute. No order as to costs.</p><p> 7. Pending civil application, if any, does not survive, same stands disposed of.</p>',
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	(int) 0 => '<p><strong>Oral Judgment : [ R.M. Borde, J.]</strong><p> Rule. Rule made returnable forthwith.',
	(int) 1 => '<p> With consent of the parties, the petition is taken up for final disposal at admission stage.',
	(int) 2 => '<p> 2. The petitioner claims to be belonging to Bhavsar Kshetriya caste which is included in Other Backward Class category. The petitioner is serving as Conductor in Maharashtra State Road Transport Corporation. The school record of the petitioner records caste as 'Hindu Maratha'. According to the petitioner, while securing admission in school, his father has erroneously recorded the entry as 'Hindu Maratha'. He further contends that old record pertaining to his father, uncle and other near relatives show that they belong to 'Bhavsar Kehstriya caste'. The petitioner has also been issued caste certificate by the competent authority. The son of the petitioner has also been issued caste certificate by the competent authority certifying that he belongs to 'Bhavsar Kshetriya caste' and his caste claim has been validated by the competent Committee. The petitioner, therefore, tendered application to school where he was studying for onward transmission to the Education Officer (Primary), Zilla Parishad, Osmanabad for issuing directions for affecting necessary corrections. The school authority forwarded the application with favourable recommendation to the Education Officer. The Education Officer (Primary) by his order dated 1st November, 2011 was pleased to reject the application recording that since the petitioner has left the school, the application is not maintainable.',
	(int) 3 => '<p> 3. The petitioner tendered appeal to the Deputy Director of Education, Latur Division, Latur,which was heard and disposed of by Deputy Director of Education, Latur Division, Latur on 30th January, 2012 and appeal came to be dismissed. The appellate authority has recorded in the order that rule 26.4, Appendix-Six of the Secondary Schools Code-2006 does not permit to make correction in the entries in respect of caste in the school record after pupil has left the school. According to the petitioner, reasons recorded by both the authorities for turning down his claim are erroneous and against the provisions of Secondary Schools Code, 2006. Rule 26.4 of the Secondary Schools Code, 2006 prescribe that application for change or correction of date of birth, name, surname, caste etc., as entered in the General Register shall be entertained from or on behalf of a pupil who is attending a school. It further provide that such application shall not be entertained from or on behalf of a pupil, who has left the school, as the same amounts not only to a change in the entries in the General Register but also to a change in the School Leaving Certificate. It has been further prescribed that, however, for the purposes like an admission to another educational institution the School Leaving certificate is relied upon as an evidence for name, surname, caste, date of birth etc., and in bonafide cases where wrong spelling of a word or an obvious mistake of the type mentioned in sub-rule 3 above is noticed any time after issue of the School Leaving Certificate and the same is required to be corrected so as to be consistent with the corresponding entries in the General Register of the school or those in the School Leaving Certificate issued by the previous school, such applications shall be entertained. The procedure to be followed in such cases is laid down in Appendix Six.',
	(int) 4 => '<p> 4. Rule 26.4 of the Secondary Schools Code, 2006 has been interpreted by the Division Bench of this Court in the matter of Shaikh Shafi Ahmed Khadarsab vs. The State of Maharashtra and others in Writ Petition No. 1138 of 2009 decided on 13<sup>th</sup> March, 2012. In paragraph-11 of the judgment cited supra, the Division Bench of this Court has observed thus:',
	(int) 5 => '<p> "11. For all these reasons, we hold that the instructions contained in para 26.4 of the S.S.Code that an application for change of an entry in the General Register of a school shall be entertained only on behalf of the pupil who is attending the school meaning thereby that it shall not be entertained on behalf of the pupil who has left the school, are directory and not mandatory. In our view, such an application can be entertained even after the pupil has left the school, provided the application is bona-fide and the pupil is able to satisfy that the original entry in the General Register of the school is erroneous. The application can be rejected if the entry is not shown to be erroneous and wrong. It, however, cannot be rejected without it being considered on merits, only on the technical ground that the application has been made after the pupil has left the school."',
	(int) 6 => '<p> 5. Appendix Six of the Secondary Schools Code, 2006 lays down the procedure in respect of making correction and change in names, surnames, caste/sub-caste, date of birth etc., Paragraph Nos.12 to 15 of Appendix Six reads thus:',
	(int) 7 => '<p> "<strong>Change in Caste or Sub-Caste (in respect of B.C. pupils only):</strong>',
	(int) 8 => '<p> (12) For making changes in caste or sub-caste of Backward Class pupils the guardian of the pupil shall make an application in Form No. 3 accompanying these rules.',
	(int) 9 => '<p> (13) Permission may be given to change the entries in the General Register of the school in respect of "caste" or "sub-caste" of Backward Class pupils in the following circumstances.',
	(int) 10 => '<p> (i) due to wrong entries made initially;',
	(int) 11 => '<p> (ii) due to change in religion;',
	(int) 12 => '<p> (iii) if the caste previously treated as non-backward was subsequently declared by Government as Backward or vice-versa.',
	(int) 13 => '<p> (iv) due to adoption;',
	(int) 14 => '<p> (v) due to inter-caste or inter-religion marriage;',
	(int) 15 => '<p> (14) For this purpose, the necessary certificates from the following authorities must accompany the application for change of caste or sub-caste:',
	(int) 16 => '<p> <strong>(a) For Reasons</strong>, (i),(ii) and (iii) above:',
	(int) 17 => '<p> In Greater Bombay (a) The Chief Presidency Magistrate or the Presidency Magistrate authorised by him;',
	(int) 18 => '<p> Or',
	(int) 19 => '<p> (b) Justice of Peace; or (Deleted)',
	(int) 20 => '<p> (c) Social, Welfare Officer, Greater Bombay, Bombay.',
	(int) 21 => '<p> In other areas (d) The District Magistrates or Executive Magistrates authorized by them;',
	(int) 22 => '<p> or',
	(int) 23 => '<p> (e) Honorary Magistrates; or (Deleted)',
	(int) 24 => '<p> (f) The Social Welfare Officer of the district concerned.',
	(int) 25 => '<p> (<strong>b) Due to adoption </strong>:',
	(int) 26 => '<p> The original adoption-deed or a certified copy of that deed or a certificate from stipendiary Magistrate showing the change in name (if any) and the caste or sub-caste changed as a result of adoption should accompany the application for change in caste or sub-caste.',
	(int) 27 => '<p> <strong>(c) Due to inter-caste or inter-religion marriage </strong>:',
	(int) 28 => '<p> A declaration by the parent or guardian attested by two witnesses and the student himself/herself or certified copy of the certificate of registration of marriage should accompany the application for change in caste or sub-caste along with the certificate from the concerned competent authority mentioned in (a) above showing that the caste or sub-caste has changed as a result of the marriage.',
	(int) 29 => '<p> <strong>(d) Due to any other reason </strong>:',
	(int) 30 => '<p> An affidavit made before a stipendiary Magistrate by the parent or guardian should accompany the application for change in caste of sub-caste.',
	(int) 31 => '<p> <strong>N.B</strong>.: The term "Backward Class" means and includes the following categories.',
	(int) 32 => '<table><tbody><tr><td>1<td>Scheduled castes and Schedule Caste converts to Buddhism.<td>As per Scheduled Castes and Scheduled Tribes Lists Modification Order, 1956, as adopted for Maharashtra State.</tr><tr><td>2<td>Scheduled Tribes including those outside specified areas.<td>Vide Part VII-A of the Seventh and Eighth Schedule of the Bombay Reorganisation Act, 1960 and orders issued by Government in this behalf from time to time.</tr><tr><td>3<td>DenotifiedTribes and Nomadic Tribes.<td>As per Government Resolution, Education and Social Welfare Deptt. No. CBC. 1361-M, dated 21<sup>st</sup> November 1961 and Government from time to time.</tr><tr><td>4<td>Other Classes.<td>Backward Castes which have been declared as belonging to the other Backward Classes by Government from time to time.</tr></tbody></table><strong>General</strong>:-<p> (Please also see Annexure 36).',
	(int) 33 => '<p> 15. An appeal against the decision of the Educational Inspector, Greater Bombay or as the case may be, the Education Officer, Zilla Parishad concerned, who has not sanctioned the change shall be submitted to the Deputy Director concerned within 30 days of the receipt of the order."',
	(int) 34 => '<p> 6. On fulfillment of requirements laid down under Appendix Six, the application tendered for effecting change in the entries recorded in school record can be entertained. Respondents were therefore not justified in turning down the application tendered by the petitioner on the ground that the entries recorded in the school record cannot be corrected after pupil has left school. The petition, therefore, deserves to be allowed and Education Officer (Primary), Zilla Parishad, Osmanabad is required to be directed to consider the application tendered by the petitioner to the school authorities and which has been forwarded to the Education Officer (Primary), Zilla Parishad, Osmanabad, in accordance with provisions of Secondary Schools Code, 2006. The orders passed by respondent Nos. 2 and 3 impugned in this petition, are quashed and set aside and the matter is remitted back to the Education Officer (Primary), Zilla Parishad, Osmanabad for reconsideration. The Education Officer (Primary), Zilla Parishad, Osmanabad shall proceed to take decision on the application in accordance with provisions of Secondary Schools Code, 2006 and the observations made in this judgment. The petitioner shall cause appearance before the Education Officer (Primary), Zilla Parishad, Osmanabad on 29th October, 2012 and as such, no separate notice requiring petitioner's appearance before respondent No. 3 shall be essential. Respondent No. 3 shall decide the application, as expeditiously as possible, preferably within eight (8) weeks from date of appearance of petitioner before him. Rule is accordingly made absolute. No order as to costs.',
	(int) 35 => '<p> 7. Pending civil application, if any, does not survive, same stands disposed of.',
	(int) 36 => ''
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(iv) due to adoption;

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			'judgement' => '<p style="text-align: justify;"><strong>Oral Judgment : [ R.M. Borde, J.]</strong><p style="text-align: justify;"> Rule. Rule made returnable forthwith.</p><p style="text-align: justify;"> With consent of the parties, the petition is taken up for final disposal at admission stage.</p><p style="text-align: justify;"> 2. The petitioner claims to be belonging to Bhavsar Kshetriya caste which is included in Other Backward Class category. The petitioner is serving as Conductor in Maharashtra State Road Transport Corporation. The school record of the petitioner records caste as 'Hindu Maratha'. According to the petitioner, while securing admission in school, his father has erroneously recorded the entry as 'Hindu Maratha'. He further contends that old record pertaining to his father, uncle and other near relatives show that they belong to 'Bhavsar Kehstriya caste'. The petitioner has also been issued caste certificate by the competent authority. The son of the petitioner has also been issued caste certificate by the competent authority certifying that he belongs to 'Bhavsar Kshetriya caste' and his caste claim has been validated by the competent Committee. The petitioner, therefore, tendered application to school where he was studying for onward transmission to the Education Officer (Primary), Zilla Parishad, Osmanabad for issuing directions for affecting necessary corrections. The school authority forwarded the application with favourable recommendation to the Education Officer. The Education Officer (Primary) by his order dated 1st November, 2011 was pleased to reject the application recording that since the petitioner has left the school, the application is not maintainable.</p><p style="text-align: justify;"> 3. The petitioner tendered appeal to the Deputy Director of Education, Latur Division, Latur,which was heard and disposed of by Deputy Director of Education, Latur Division, Latur on 30th January, 2012 and appeal came to be dismissed. The appellate authority has recorded in the order that rule 26.4, Appendix-Six of the Secondary Schools Code-2006 does not permit to make correction in the entries in respect of caste in the school record after pupil has left the school. According to the petitioner, reasons recorded by both the authorities for turning down his claim are erroneous and against the provisions of Secondary Schools Code, 2006. Rule 26.4 of the Secondary Schools Code, 2006 prescribe that application for change or correction of date of birth, name, surname, caste etc., as entered in the General Register shall be entertained from or on behalf of a pupil who is attending a school. It further provide that such application shall not be entertained from or on behalf of a pupil, who has left the school, as the same amounts not only to a change in the entries in the General Register but also to a change in the School Leaving Certificate. It has been further prescribed that, however, for the purposes like an admission to another educational institution the School Leaving certificate is relied upon as an evidence for name, surname, caste, date of birth etc., and in bonafide cases where wrong spelling of a word or an obvious mistake of the type mentioned in sub-rule 3 above is noticed any time after issue of the School Leaving Certificate and the same is required to be corrected so as to be consistent with the corresponding entries in the General Register of the school or those in the School Leaving Certificate issued by the previous school, such applications shall be entertained. The procedure to be followed in such cases is laid down in Appendix Six.</p><p style="text-align: justify;"> 4. Rule 26.4 of the Secondary Schools Code, 2006 has been interpreted by the Division Bench of this Court in the matter of Shaikh Shafi Ahmed Khadarsab vs. The State of Maharashtra and others in Writ Petition No. 1138 of 2009 decided on 13<sup>th</sup> March, 2012. In paragraph-11 of the judgment cited supra, the Division Bench of this Court has observed thus:</p><p style="text-align: justify;"> "11. For all these reasons, we hold that the instructions contained in para 26.4 of the S.S.Code that an application for change of an entry in the General Register of a school shall be entertained only on behalf of the pupil who is attending the school meaning thereby that it shall not be entertained on behalf of the pupil who has left the school, are directory and not mandatory. In our view, such an application can be entertained even after the pupil has left the school, provided the application is bona-fide and the pupil is able to satisfy that the original entry in the General Register of the school is erroneous. The application can be rejected if the entry is not shown to be erroneous and wrong. It, however, cannot be rejected without it being considered on merits, only on the technical ground that the application has been made after the pupil has left the school."</p><p style="text-align: justify;"> 5. Appendix Six of the Secondary Schools Code, 2006 lays down the procedure in respect of making correction and change in names, surnames, caste/sub-caste, date of birth etc., Paragraph Nos.12 to 15 of Appendix Six reads thus:</p><p style="text-align: justify;"> "<strong>Change in Caste or Sub-Caste (in respect of B.C. pupils only):</strong></p><p style="text-align: justify;"> (12) For making changes in caste or sub-caste of Backward Class pupils the guardian of the pupil shall make an application in Form No. 3 accompanying these rules.</p><p style="text-align: justify;"> (13) Permission may be given to change the entries in the General Register of the school in respect of "caste" or "sub-caste" of Backward Class pupils in the following circumstances.</p><p style="text-align: justify;"> (i) due to wrong entries made initially;</p><p style="text-align: justify;"> (ii) due to change in religion;</p><p style="text-align: justify;"> (iii) if the caste previously treated as non-backward was subsequently declared by Government as Backward or vice-versa.</p><p style="text-align: justify;"> (iv) due to adoption;</p><p style="text-align: justify;"> (v) due to inter-caste or inter-religion marriage;</p><p style="text-align: justify;"> (14) For this purpose, the necessary certificates from the following authorities must accompany the application for change of caste or sub-caste:</p><p style="text-align: justify;"> <strong>(a) For Reasons</strong>, (i),(ii) and (iii) above:</p><p style="text-align: justify;"> In Greater Bombay (a) The Chief Presidency Magistrate or the Presidency Magistrate authorised by him;</p><p style="text-align: justify;"> Or</p><p style="text-align: justify;"> (b) Justice of Peace; or (Deleted)</p><p style="text-align: justify;"> (c) Social, Welfare Officer, Greater Bombay, Bombay.</p><p style="text-align: justify;"> In other areas (d) The District Magistrates or Executive Magistrates authorized by them;</p><p style="text-align: justify;"> or</p><p style="text-align: justify;"> (e) Honorary Magistrates; or (Deleted)</p><p style="text-align: justify;"> (f) The Social Welfare Officer of the district concerned.</p><p style="text-align: justify;"> (<strong>b) Due to adoption </strong>:</p><p style="text-align: justify;"> The original adoption-deed or a certified copy of that deed or a certificate from stipendiary Magistrate showing the change in name (if any) and the caste or sub-caste changed as a result of adoption should accompany the application for change in caste or sub-caste.</p><p style="text-align: justify;"> <strong>(c) Due to inter-caste or inter-religion marriage </strong>:</p><p style="text-align: justify;"> A declaration by the parent or guardian attested by two witnesses and the student himself/herself or certified copy of the certificate of registration of marriage should accompany the application for change in caste or sub-caste along with the certificate from the concerned competent authority mentioned in (a) above showing that the caste or sub-caste has changed as a result of the marriage.</p><p style="text-align: justify;"> <strong>(d) Due to any other reason </strong>:</p><p style="text-align: justify;"> An affidavit made before a stipendiary Magistrate by the parent or guardian should accompany the application for change in caste of sub-caste.</p><p style="text-align: justify;"> <strong>N.B</strong>.: The term "Backward Class" means and includes the following categories.</p><table border="1" cellpadding="0" cellspacing="0"><tbody><tr><td style="width: 43px">1<td style="width: 251px">Scheduled castes and Schedule Caste converts to Buddhism.<td style="width: 282px">As per Scheduled Castes and Scheduled Tribes Lists Modification Order, 1956, as adopted for Maharashtra State.</tr><tr><td style="width: 43px">2<td style="width: 251px">Scheduled Tribes including those outside specified areas.<td style="width: 282px">Vide Part VII-A of the Seventh and Eighth Schedule of the Bombay Reorganisation Act, 1960 and orders issued by Government in this behalf from time to time.</tr><tr><td style="width: 43px">3<td style="width: 251px">DenotifiedTribes and Nomadic Tribes.<td style="width: 282px">As per Government Resolution, Education and Social Welfare Deptt. No. CBC. 1361-M, dated 21<sup>st</sup> November 1961 and Government from time to time.</tr><tr><td style="width: 43px">4<td style="width: 251px">Other Classes.<td style="width: 282px">Backward Castes which have been declared as belonging to the other Backward Classes by Government from time to time.</tr></tbody></table><strong>General</strong>:-<p style="text-align: justify;"> (Please also see Annexure 36).</p><p style="text-align: justify;"> 15. An appeal against the decision of the Educational Inspector, Greater Bombay or as the case may be, the Education Officer, Zilla Parishad concerned, who has not sanctioned the change shall be submitted to the Deputy Director concerned within 30 days of the receipt of the order."</p><p style="text-align: justify;"> 6. On fulfillment of requirements laid down under Appendix Six, the application tendered for effecting change in the entries recorded in school record can be entertained. Respondents were therefore not justified in turning down the application tendered by the petitioner on the ground that the entries recorded in the school record cannot be corrected after pupil has left school. The petition, therefore, deserves to be allowed and Education Officer (Primary), Zilla Parishad, Osmanabad is required to be directed to consider the application tendered by the petitioner to the school authorities and which has been forwarded to the Education Officer (Primary), Zilla Parishad, Osmanabad, in accordance with provisions of Secondary Schools Code, 2006. The orders passed by respondent Nos. 2 and 3 impugned in this petition, are quashed and set aside and the matter is remitted back to the Education Officer (Primary), Zilla Parishad, Osmanabad for reconsideration. The Education Officer (Primary), Zilla Parishad, Osmanabad shall proceed to take decision on the application in accordance with provisions of Secondary Schools Code, 2006 and the observations made in this judgment. The petitioner shall cause appearance before the Education Officer (Primary), Zilla Parishad, Osmanabad on 29th October, 2012 and as such, no separate notice requiring petitioner's appearance before respondent No. 3 shall be essential. Respondent No. 3 shall decide the application, as expeditiously as possible, preferably within eight (8) weeks from date of appearance of petitioner before him. Rule is accordingly made absolute. No order as to costs.</p><p style="text-align: justify;"> 7. Pending civil application, if any, does not survive, same stands disposed of.</p>',
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		'appealno' => 'Writ Petition No.3266 of 2012 ',
		'appellant' => 'Vilas S/O Dattatraya Ransubhe',
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		'casename' => 'Vilas S/O Dattatraya Ransubhe Vs. the State of Maharashtra, Through the Secretary, School Education and Sports Department and Others',
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		'court' => 'Mumbai Aurangabad',
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		'decidedon' => '2012-10-08',
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		'judge' => 'R.M. BORDE &amp; S.S. SHINDE',
		'judgement' => '<p><strong>Oral Judgment : [ R.M. Borde, J.]</strong><p> Rule. Rule made returnable forthwith.</p><p> With consent of the parties, the petition is taken up for final disposal at admission stage.</p><p> 2. The petitioner claims to be belonging to Bhavsar Kshetriya caste which is included in Other Backward Class category. The petitioner is serving as Conductor in Maharashtra State Road Transport Corporation. The school record of the petitioner records caste as 'Hindu Maratha'. According to the petitioner, while securing admission in school, his father has erroneously recorded the entry as 'Hindu Maratha'. He further contends that old record pertaining to his father, uncle and other near relatives show that they belong to 'Bhavsar Kehstriya caste'. The petitioner has also been issued caste certificate by the competent authority. The son of the petitioner has also been issued caste certificate by the competent authority certifying that he belongs to 'Bhavsar Kshetriya caste' and his caste claim has been validated by the competent Committee. The petitioner, therefore, tendered application to school where he was studying for onward transmission to the Education Officer (Primary), Zilla Parishad, Osmanabad for issuing directions for affecting necessary corrections. The school authority forwarded the application with favourable recommendation to the Education Officer. The Education Officer (Primary) by his order dated 1st November, 2011 was pleased to reject the application recording that since the petitioner has left the school, the application is not maintainable.</p><p> 3. The petitioner tendered appeal to the Deputy Director of Education, Latur Division, Latur,which was heard and disposed of by Deputy Director of Education, Latur Division, Latur on 30th January, 2012 and appeal came to be dismissed. The appellate authority has recorded in the order that rule 26.4, Appendix-Six of the Secondary Schools Code-2006 does not permit to make correction in the entries in respect of caste in the school record after pupil has left the school. According to the petitioner, reasons recorded by both the authorities for turning down his claim are erroneous and against the provisions of Secondary Schools Code, 2006. Rule 26.4 of the Secondary Schools Code, 2006 prescribe that application for change or correction of date of birth, name, surname, caste etc., as entered in the General Register shall be entertained from or on behalf of a pupil who is attending a school. It further provide that such application shall not be entertained from or on behalf of a pupil, who has left the school, as the same amounts not only to a change in the entries in the General Register but also to a change in the School Leaving Certificate. It has been further prescribed that, however, for the purposes like an admission to another educational institution the School Leaving certificate is relied upon as an evidence for name, surname, caste, date of birth etc., and in bonafide cases where wrong spelling of a word or an obvious mistake of the type mentioned in sub-rule 3 above is noticed any time after issue of the School Leaving Certificate and the same is required to be corrected so as to be consistent with the corresponding entries in the General Register of the school or those in the School Leaving Certificate issued by the previous school, such applications shall be entertained. The procedure to be followed in such cases is laid down in Appendix Six.</p><p> 4. Rule 26.4 of the Secondary Schools Code, 2006 has been interpreted by the Division Bench of this Court in the matter of Shaikh Shafi Ahmed Khadarsab vs. The State of Maharashtra and others in Writ Petition No. 1138 of 2009 decided on 13<sup>th</sup> March, 2012. In paragraph-11 of the judgment cited supra, the Division Bench of this Court has observed thus:</p><p> "11. For all these reasons, we hold that the instructions contained in para 26.4 of the S.S.Code that an application for change of an entry in the General Register of a school shall be entertained only on behalf of the pupil who is attending the school meaning thereby that it shall not be entertained on behalf of the pupil who has left the school, are directory and not mandatory. In our view, such an application can be entertained even after the pupil has left the school, provided the application is bona-fide and the pupil is able to satisfy that the original entry in the General Register of the school is erroneous. The application can be rejected if the entry is not shown to be erroneous and wrong. It, however, cannot be rejected without it being considered on merits, only on the technical ground that the application has been made after the pupil has left the school."</p><p> 5. Appendix Six of the Secondary Schools Code, 2006 lays down the procedure in respect of making correction and change in names, surnames, caste/sub-caste, date of birth etc., Paragraph Nos.12 to 15 of Appendix Six reads thus:</p><p> "<strong>Change in Caste or Sub-Caste (in respect of B.C. pupils only):</strong></p><p> (12) For making changes in caste or sub-caste of Backward Class pupils the guardian of the pupil shall make an application in Form No. 3 accompanying these rules.</p><p> (13) Permission may be given to change the entries in the General Register of the school in respect of "caste" or "sub-caste" of Backward Class pupils in the following circumstances.</p><p> (i) due to wrong entries made initially;</p><p> (ii) due to change in religion;</p><p> (iii) if the caste previously treated as non-backward was subsequently declared by Government as Backward or vice-versa.</p><p> (iv) due to adoption;</p><p> (v) due to inter-caste or inter-religion marriage;</p><p> (14) For this purpose, the necessary certificates from the following authorities must accompany the application for change of caste or sub-caste:</p><p> <strong>(a) For Reasons</strong>, (i),(ii) and (iii) above:</p><p> In Greater Bombay (a) The Chief Presidency Magistrate or the Presidency Magistrate authorised by him;</p><p> Or</p><p> (b) Justice of Peace; or (Deleted)</p><p> (c) Social, Welfare Officer, Greater Bombay, Bombay.</p><p> In other areas (d) The District Magistrates or Executive Magistrates authorized by them;</p><p> or</p><p> (e) Honorary Magistrates; or (Deleted)</p><p> (f) The Social Welfare Officer of the district concerned.</p><p> (<strong>b) Due to adoption </strong>:</p><p> The original adoption-deed or a certified copy of that deed or a certificate from stipendiary Magistrate showing the change in name (if any) and the caste or sub-caste changed as a result of adoption should accompany the application for change in caste or sub-caste.</p><p> <strong>(c) Due to inter-caste or inter-religion marriage </strong>:</p><p> A declaration by the parent or guardian attested by two witnesses and the student himself/herself or certified copy of the certificate of registration of marriage should accompany the application for change in caste or sub-caste along with the certificate from the concerned competent authority mentioned in (a) above showing that the caste or sub-caste has changed as a result of the marriage.</p><p> <strong>(d) Due to any other reason </strong>:</p><p> An affidavit made before a stipendiary Magistrate by the parent or guardian should accompany the application for change in caste of sub-caste.</p><p> <strong>N.B</strong>.: The term "Backward Class" means and includes the following categories.</p><table><tbody><tr><td>1<td>Scheduled castes and Schedule Caste converts to Buddhism.<td>As per Scheduled Castes and Scheduled Tribes Lists Modification Order, 1956, as adopted for Maharashtra State.</tr><tr><td>2<td>Scheduled Tribes including those outside specified areas.<td>Vide Part VII-A of the Seventh and Eighth Schedule of the Bombay Reorganisation Act, 1960 and orders issued by Government in this behalf from time to time.</tr><tr><td>3<td>DenotifiedTribes and Nomadic Tribes.<td>As per Government Resolution, Education and Social Welfare Deptt. No. CBC. 1361-M, dated 21<sup>st</sup> November 1961 and Government from time to time.</tr><tr><td>4<td>Other Classes.<td>Backward Castes which have been declared as belonging to the other Backward Classes by Government from time to time.</tr></tbody></table><strong>General</strong>:-<p> (Please also see Annexure 36).</p><p> 15. An appeal against the decision of the Educational Inspector, Greater Bombay or as the case may be, the Education Officer, Zilla Parishad concerned, who has not sanctioned the change shall be submitted to the Deputy Director concerned within 30 days of the receipt of the order."</p><p> 6. On fulfillment of requirements laid down under Appendix Six, the application tendered for effecting change in the entries recorded in school record can be entertained. Respondents were therefore not justified in turning down the application tendered by the petitioner on the ground that the entries recorded in the school record cannot be corrected after pupil has left school. The petition, therefore, deserves to be allowed and Education Officer (Primary), Zilla Parishad, Osmanabad is required to be directed to consider the application tendered by the petitioner to the school authorities and which has been forwarded to the Education Officer (Primary), Zilla Parishad, Osmanabad, in accordance with provisions of Secondary Schools Code, 2006. The orders passed by respondent Nos. 2 and 3 impugned in this petition, are quashed and set aside and the matter is remitted back to the Education Officer (Primary), Zilla Parishad, Osmanabad for reconsideration. The Education Officer (Primary), Zilla Parishad, Osmanabad shall proceed to take decision on the application in accordance with provisions of Secondary Schools Code, 2006 and the observations made in this judgment. The petitioner shall cause appearance before the Education Officer (Primary), Zilla Parishad, Osmanabad on 29th October, 2012 and as such, no separate notice requiring petitioner's appearance before respondent No. 3 shall be essential. Respondent No. 3 shall decide the application, as expeditiously as possible, preferably within eight (8) weeks from date of appearance of petitioner before him. Rule is accordingly made absolute. No order as to costs.</p><p> 7. Pending civil application, if any, does not survive, same stands disposed of.</p>',
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	(int) 0 => '<p><strong>Oral Judgment : [ R.M. Borde, J.]</strong><p> Rule. Rule made returnable forthwith.',
	(int) 1 => '<p> With consent of the parties, the petition is taken up for final disposal at admission stage.',
	(int) 2 => '<p> 2. The petitioner claims to be belonging to Bhavsar Kshetriya caste which is included in Other Backward Class category. The petitioner is serving as Conductor in Maharashtra State Road Transport Corporation. The school record of the petitioner records caste as 'Hindu Maratha'. According to the petitioner, while securing admission in school, his father has erroneously recorded the entry as 'Hindu Maratha'. He further contends that old record pertaining to his father, uncle and other near relatives show that they belong to 'Bhavsar Kehstriya caste'. The petitioner has also been issued caste certificate by the competent authority. The son of the petitioner has also been issued caste certificate by the competent authority certifying that he belongs to 'Bhavsar Kshetriya caste' and his caste claim has been validated by the competent Committee. The petitioner, therefore, tendered application to school where he was studying for onward transmission to the Education Officer (Primary), Zilla Parishad, Osmanabad for issuing directions for affecting necessary corrections. The school authority forwarded the application with favourable recommendation to the Education Officer. The Education Officer (Primary) by his order dated 1st November, 2011 was pleased to reject the application recording that since the petitioner has left the school, the application is not maintainable.',
	(int) 3 => '<p> 3. The petitioner tendered appeal to the Deputy Director of Education, Latur Division, Latur,which was heard and disposed of by Deputy Director of Education, Latur Division, Latur on 30th January, 2012 and appeal came to be dismissed. The appellate authority has recorded in the order that rule 26.4, Appendix-Six of the Secondary Schools Code-2006 does not permit to make correction in the entries in respect of caste in the school record after pupil has left the school. According to the petitioner, reasons recorded by both the authorities for turning down his claim are erroneous and against the provisions of Secondary Schools Code, 2006. Rule 26.4 of the Secondary Schools Code, 2006 prescribe that application for change or correction of date of birth, name, surname, caste etc., as entered in the General Register shall be entertained from or on behalf of a pupil who is attending a school. It further provide that such application shall not be entertained from or on behalf of a pupil, who has left the school, as the same amounts not only to a change in the entries in the General Register but also to a change in the School Leaving Certificate. It has been further prescribed that, however, for the purposes like an admission to another educational institution the School Leaving certificate is relied upon as an evidence for name, surname, caste, date of birth etc., and in bonafide cases where wrong spelling of a word or an obvious mistake of the type mentioned in sub-rule 3 above is noticed any time after issue of the School Leaving Certificate and the same is required to be corrected so as to be consistent with the corresponding entries in the General Register of the school or those in the School Leaving Certificate issued by the previous school, such applications shall be entertained. The procedure to be followed in such cases is laid down in Appendix Six.',
	(int) 4 => '<p> 4. Rule 26.4 of the Secondary Schools Code, 2006 has been interpreted by the Division Bench of this Court in the matter of Shaikh Shafi Ahmed Khadarsab vs. The State of Maharashtra and others in Writ Petition No. 1138 of 2009 decided on 13<sup>th</sup> March, 2012. In paragraph-11 of the judgment cited supra, the Division Bench of this Court has observed thus:',
	(int) 5 => '<p> "11. For all these reasons, we hold that the instructions contained in para 26.4 of the S.S.Code that an application for change of an entry in the General Register of a school shall be entertained only on behalf of the pupil who is attending the school meaning thereby that it shall not be entertained on behalf of the pupil who has left the school, are directory and not mandatory. In our view, such an application can be entertained even after the pupil has left the school, provided the application is bona-fide and the pupil is able to satisfy that the original entry in the General Register of the school is erroneous. The application can be rejected if the entry is not shown to be erroneous and wrong. It, however, cannot be rejected without it being considered on merits, only on the technical ground that the application has been made after the pupil has left the school."',
	(int) 6 => '<p> 5. Appendix Six of the Secondary Schools Code, 2006 lays down the procedure in respect of making correction and change in names, surnames, caste/sub-caste, date of birth etc., Paragraph Nos.12 to 15 of Appendix Six reads thus:',
	(int) 7 => '<p> "<strong>Change in Caste or Sub-Caste (in respect of B.C. pupils only):</strong>',
	(int) 8 => '<p> (12) For making changes in caste or sub-caste of Backward Class pupils the guardian of the pupil shall make an application in Form No. 3 accompanying these rules.',
	(int) 9 => '<p> (13) Permission may be given to change the entries in the General Register of the school in respect of "caste" or "sub-caste" of Backward Class pupils in the following circumstances.',
	(int) 10 => '<p> (i) due to wrong entries made initially;',
	(int) 11 => '<p> (ii) due to change in religion;',
	(int) 12 => '<p> (iii) if the caste previously treated as non-backward was subsequently declared by Government as Backward or vice-versa.',
	(int) 13 => '<p> (iv) due to adoption;',
	(int) 14 => '<p> (v) due to inter-caste or inter-religion marriage;',
	(int) 15 => '<p> (14) For this purpose, the necessary certificates from the following authorities must accompany the application for change of caste or sub-caste:',
	(int) 16 => '<p> <strong>(a) For Reasons</strong>, (i),(ii) and (iii) above:',
	(int) 17 => '<p> In Greater Bombay (a) The Chief Presidency Magistrate or the Presidency Magistrate authorised by him;',
	(int) 18 => '<p> Or',
	(int) 19 => '<p> (b) Justice of Peace; or (Deleted)',
	(int) 20 => '<p> (c) Social, Welfare Officer, Greater Bombay, Bombay.',
	(int) 21 => '<p> In other areas (d) The District Magistrates or Executive Magistrates authorized by them;',
	(int) 22 => '<p> or',
	(int) 23 => '<p> (e) Honorary Magistrates; or (Deleted)',
	(int) 24 => '<p> (f) The Social Welfare Officer of the district concerned.',
	(int) 25 => '<p> (<strong>b) Due to adoption </strong>:',
	(int) 26 => '<p> The original adoption-deed or a certified copy of that deed or a certificate from stipendiary Magistrate showing the change in name (if any) and the caste or sub-caste changed as a result of adoption should accompany the application for change in caste or sub-caste.',
	(int) 27 => '<p> <strong>(c) Due to inter-caste or inter-religion marriage </strong>:',
	(int) 28 => '<p> A declaration by the parent or guardian attested by two witnesses and the student himself/herself or certified copy of the certificate of registration of marriage should accompany the application for change in caste or sub-caste along with the certificate from the concerned competent authority mentioned in (a) above showing that the caste or sub-caste has changed as a result of the marriage.',
	(int) 29 => '<p> <strong>(d) Due to any other reason </strong>:',
	(int) 30 => '<p> An affidavit made before a stipendiary Magistrate by the parent or guardian should accompany the application for change in caste of sub-caste.',
	(int) 31 => '<p> <strong>N.B</strong>.: The term "Backward Class" means and includes the following categories.',
	(int) 32 => '<table><tbody><tr><td>1<td>Scheduled castes and Schedule Caste converts to Buddhism.<td>As per Scheduled Castes and Scheduled Tribes Lists Modification Order, 1956, as adopted for Maharashtra State.</tr><tr><td>2<td>Scheduled Tribes including those outside specified areas.<td>Vide Part VII-A of the Seventh and Eighth Schedule of the Bombay Reorganisation Act, 1960 and orders issued by Government in this behalf from time to time.</tr><tr><td>3<td>DenotifiedTribes and Nomadic Tribes.<td>As per Government Resolution, Education and Social Welfare Deptt. No. CBC. 1361-M, dated 21<sup>st</sup> November 1961 and Government from time to time.</tr><tr><td>4<td>Other Classes.<td>Backward Castes which have been declared as belonging to the other Backward Classes by Government from time to time.</tr></tbody></table><strong>General</strong>:-<p> (Please also see Annexure 36).',
	(int) 33 => '<p> 15. An appeal against the decision of the Educational Inspector, Greater Bombay or as the case may be, the Education Officer, Zilla Parishad concerned, who has not sanctioned the change shall be submitted to the Deputy Director concerned within 30 days of the receipt of the order."',
	(int) 34 => '<p> 6. On fulfillment of requirements laid down under Appendix Six, the application tendered for effecting change in the entries recorded in school record can be entertained. Respondents were therefore not justified in turning down the application tendered by the petitioner on the ground that the entries recorded in the school record cannot be corrected after pupil has left school. The petition, therefore, deserves to be allowed and Education Officer (Primary), Zilla Parishad, Osmanabad is required to be directed to consider the application tendered by the petitioner to the school authorities and which has been forwarded to the Education Officer (Primary), Zilla Parishad, Osmanabad, in accordance with provisions of Secondary Schools Code, 2006. The orders passed by respondent Nos. 2 and 3 impugned in this petition, are quashed and set aside and the matter is remitted back to the Education Officer (Primary), Zilla Parishad, Osmanabad for reconsideration. The Education Officer (Primary), Zilla Parishad, Osmanabad shall proceed to take decision on the application in accordance with provisions of Secondary Schools Code, 2006 and the observations made in this judgment. The petitioner shall cause appearance before the Education Officer (Primary), Zilla Parishad, Osmanabad on 29th October, 2012 and as such, no separate notice requiring petitioner's appearance before respondent No. 3 shall be essential. Respondent No. 3 shall decide the application, as expeditiously as possible, preferably within eight (8) weeks from date of appearance of petitioner before him. Rule is accordingly made absolute. No order as to costs.',
	(int) 35 => '<p> 7. Pending civil application, if any, does not survive, same stands disposed of.',
	(int) 36 => ''
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(v) due to inter-caste or inter-religion marriage;

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			'judgement' => '<p style="text-align: justify;"><strong>Oral Judgment : [ R.M. Borde, J.]</strong><p style="text-align: justify;"> Rule. Rule made returnable forthwith.</p><p style="text-align: justify;"> With consent of the parties, the petition is taken up for final disposal at admission stage.</p><p style="text-align: justify;"> 2. The petitioner claims to be belonging to Bhavsar Kshetriya caste which is included in Other Backward Class category. The petitioner is serving as Conductor in Maharashtra State Road Transport Corporation. The school record of the petitioner records caste as 'Hindu Maratha'. According to the petitioner, while securing admission in school, his father has erroneously recorded the entry as 'Hindu Maratha'. He further contends that old record pertaining to his father, uncle and other near relatives show that they belong to 'Bhavsar Kehstriya caste'. The petitioner has also been issued caste certificate by the competent authority. The son of the petitioner has also been issued caste certificate by the competent authority certifying that he belongs to 'Bhavsar Kshetriya caste' and his caste claim has been validated by the competent Committee. The petitioner, therefore, tendered application to school where he was studying for onward transmission to the Education Officer (Primary), Zilla Parishad, Osmanabad for issuing directions for affecting necessary corrections. The school authority forwarded the application with favourable recommendation to the Education Officer. The Education Officer (Primary) by his order dated 1st November, 2011 was pleased to reject the application recording that since the petitioner has left the school, the application is not maintainable.</p><p style="text-align: justify;"> 3. The petitioner tendered appeal to the Deputy Director of Education, Latur Division, Latur,which was heard and disposed of by Deputy Director of Education, Latur Division, Latur on 30th January, 2012 and appeal came to be dismissed. The appellate authority has recorded in the order that rule 26.4, Appendix-Six of the Secondary Schools Code-2006 does not permit to make correction in the entries in respect of caste in the school record after pupil has left the school. According to the petitioner, reasons recorded by both the authorities for turning down his claim are erroneous and against the provisions of Secondary Schools Code, 2006. Rule 26.4 of the Secondary Schools Code, 2006 prescribe that application for change or correction of date of birth, name, surname, caste etc., as entered in the General Register shall be entertained from or on behalf of a pupil who is attending a school. It further provide that such application shall not be entertained from or on behalf of a pupil, who has left the school, as the same amounts not only to a change in the entries in the General Register but also to a change in the School Leaving Certificate. It has been further prescribed that, however, for the purposes like an admission to another educational institution the School Leaving certificate is relied upon as an evidence for name, surname, caste, date of birth etc., and in bonafide cases where wrong spelling of a word or an obvious mistake of the type mentioned in sub-rule 3 above is noticed any time after issue of the School Leaving Certificate and the same is required to be corrected so as to be consistent with the corresponding entries in the General Register of the school or those in the School Leaving Certificate issued by the previous school, such applications shall be entertained. The procedure to be followed in such cases is laid down in Appendix Six.</p><p style="text-align: justify;"> 4. Rule 26.4 of the Secondary Schools Code, 2006 has been interpreted by the Division Bench of this Court in the matter of Shaikh Shafi Ahmed Khadarsab vs. The State of Maharashtra and others in Writ Petition No. 1138 of 2009 decided on 13<sup>th</sup> March, 2012. In paragraph-11 of the judgment cited supra, the Division Bench of this Court has observed thus:</p><p style="text-align: justify;"> "11. For all these reasons, we hold that the instructions contained in para 26.4 of the S.S.Code that an application for change of an entry in the General Register of a school shall be entertained only on behalf of the pupil who is attending the school meaning thereby that it shall not be entertained on behalf of the pupil who has left the school, are directory and not mandatory. In our view, such an application can be entertained even after the pupil has left the school, provided the application is bona-fide and the pupil is able to satisfy that the original entry in the General Register of the school is erroneous. The application can be rejected if the entry is not shown to be erroneous and wrong. It, however, cannot be rejected without it being considered on merits, only on the technical ground that the application has been made after the pupil has left the school."</p><p style="text-align: justify;"> 5. Appendix Six of the Secondary Schools Code, 2006 lays down the procedure in respect of making correction and change in names, surnames, caste/sub-caste, date of birth etc., Paragraph Nos.12 to 15 of Appendix Six reads thus:</p><p style="text-align: justify;"> "<strong>Change in Caste or Sub-Caste (in respect of B.C. pupils only):</strong></p><p style="text-align: justify;"> (12) For making changes in caste or sub-caste of Backward Class pupils the guardian of the pupil shall make an application in Form No. 3 accompanying these rules.</p><p style="text-align: justify;"> (13) Permission may be given to change the entries in the General Register of the school in respect of "caste" or "sub-caste" of Backward Class pupils in the following circumstances.</p><p style="text-align: justify;"> (i) due to wrong entries made initially;</p><p style="text-align: justify;"> (ii) due to change in religion;</p><p style="text-align: justify;"> (iii) if the caste previously treated as non-backward was subsequently declared by Government as Backward or vice-versa.</p><p style="text-align: justify;"> (iv) due to adoption;</p><p style="text-align: justify;"> (v) due to inter-caste or inter-religion marriage;</p><p style="text-align: justify;"> (14) For this purpose, the necessary certificates from the following authorities must accompany the application for change of caste or sub-caste:</p><p style="text-align: justify;"> <strong>(a) For Reasons</strong>, (i),(ii) and (iii) above:</p><p style="text-align: justify;"> In Greater Bombay (a) The Chief Presidency Magistrate or the Presidency Magistrate authorised by him;</p><p style="text-align: justify;"> Or</p><p style="text-align: justify;"> (b) Justice of Peace; or (Deleted)</p><p style="text-align: justify;"> (c) Social, Welfare Officer, Greater Bombay, Bombay.</p><p style="text-align: justify;"> In other areas (d) The District Magistrates or Executive Magistrates authorized by them;</p><p style="text-align: justify;"> or</p><p style="text-align: justify;"> (e) Honorary Magistrates; or (Deleted)</p><p style="text-align: justify;"> (f) The Social Welfare Officer of the district concerned.</p><p style="text-align: justify;"> (<strong>b) Due to adoption </strong>:</p><p style="text-align: justify;"> The original adoption-deed or a certified copy of that deed or a certificate from stipendiary Magistrate showing the change in name (if any) and the caste or sub-caste changed as a result of adoption should accompany the application for change in caste or sub-caste.</p><p style="text-align: justify;"> <strong>(c) Due to inter-caste or inter-religion marriage </strong>:</p><p style="text-align: justify;"> A declaration by the parent or guardian attested by two witnesses and the student himself/herself or certified copy of the certificate of registration of marriage should accompany the application for change in caste or sub-caste along with the certificate from the concerned competent authority mentioned in (a) above showing that the caste or sub-caste has changed as a result of the marriage.</p><p style="text-align: justify;"> <strong>(d) Due to any other reason </strong>:</p><p style="text-align: justify;"> An affidavit made before a stipendiary Magistrate by the parent or guardian should accompany the application for change in caste of sub-caste.</p><p style="text-align: justify;"> <strong>N.B</strong>.: The term "Backward Class" means and includes the following categories.</p><table border="1" cellpadding="0" cellspacing="0"><tbody><tr><td style="width: 43px">1<td style="width: 251px">Scheduled castes and Schedule Caste converts to Buddhism.<td style="width: 282px">As per Scheduled Castes and Scheduled Tribes Lists Modification Order, 1956, as adopted for Maharashtra State.</tr><tr><td style="width: 43px">2<td style="width: 251px">Scheduled Tribes including those outside specified areas.<td style="width: 282px">Vide Part VII-A of the Seventh and Eighth Schedule of the Bombay Reorganisation Act, 1960 and orders issued by Government in this behalf from time to time.</tr><tr><td style="width: 43px">3<td style="width: 251px">DenotifiedTribes and Nomadic Tribes.<td style="width: 282px">As per Government Resolution, Education and Social Welfare Deptt. No. CBC. 1361-M, dated 21<sup>st</sup> November 1961 and Government from time to time.</tr><tr><td style="width: 43px">4<td style="width: 251px">Other Classes.<td style="width: 282px">Backward Castes which have been declared as belonging to the other Backward Classes by Government from time to time.</tr></tbody></table><strong>General</strong>:-<p style="text-align: justify;"> (Please also see Annexure 36).</p><p style="text-align: justify;"> 15. An appeal against the decision of the Educational Inspector, Greater Bombay or as the case may be, the Education Officer, Zilla Parishad concerned, who has not sanctioned the change shall be submitted to the Deputy Director concerned within 30 days of the receipt of the order."</p><p style="text-align: justify;"> 6. On fulfillment of requirements laid down under Appendix Six, the application tendered for effecting change in the entries recorded in school record can be entertained. Respondents were therefore not justified in turning down the application tendered by the petitioner on the ground that the entries recorded in the school record cannot be corrected after pupil has left school. The petition, therefore, deserves to be allowed and Education Officer (Primary), Zilla Parishad, Osmanabad is required to be directed to consider the application tendered by the petitioner to the school authorities and which has been forwarded to the Education Officer (Primary), Zilla Parishad, Osmanabad, in accordance with provisions of Secondary Schools Code, 2006. The orders passed by respondent Nos. 2 and 3 impugned in this petition, are quashed and set aside and the matter is remitted back to the Education Officer (Primary), Zilla Parishad, Osmanabad for reconsideration. The Education Officer (Primary), Zilla Parishad, Osmanabad shall proceed to take decision on the application in accordance with provisions of Secondary Schools Code, 2006 and the observations made in this judgment. The petitioner shall cause appearance before the Education Officer (Primary), Zilla Parishad, Osmanabad on 29th October, 2012 and as such, no separate notice requiring petitioner's appearance before respondent No. 3 shall be essential. Respondent No. 3 shall decide the application, as expeditiously as possible, preferably within eight (8) weeks from date of appearance of petitioner before him. Rule is accordingly made absolute. No order as to costs.</p><p style="text-align: justify;"> 7. Pending civil application, if any, does not survive, same stands disposed of.</p>',
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		'judgement' => '<p><strong>Oral Judgment : [ R.M. Borde, J.]</strong><p> Rule. Rule made returnable forthwith.</p><p> With consent of the parties, the petition is taken up for final disposal at admission stage.</p><p> 2. The petitioner claims to be belonging to Bhavsar Kshetriya caste which is included in Other Backward Class category. The petitioner is serving as Conductor in Maharashtra State Road Transport Corporation. The school record of the petitioner records caste as 'Hindu Maratha'. According to the petitioner, while securing admission in school, his father has erroneously recorded the entry as 'Hindu Maratha'. He further contends that old record pertaining to his father, uncle and other near relatives show that they belong to 'Bhavsar Kehstriya caste'. The petitioner has also been issued caste certificate by the competent authority. The son of the petitioner has also been issued caste certificate by the competent authority certifying that he belongs to 'Bhavsar Kshetriya caste' and his caste claim has been validated by the competent Committee. The petitioner, therefore, tendered application to school where he was studying for onward transmission to the Education Officer (Primary), Zilla Parishad, Osmanabad for issuing directions for affecting necessary corrections. The school authority forwarded the application with favourable recommendation to the Education Officer. The Education Officer (Primary) by his order dated 1st November, 2011 was pleased to reject the application recording that since the petitioner has left the school, the application is not maintainable.</p><p> 3. The petitioner tendered appeal to the Deputy Director of Education, Latur Division, Latur,which was heard and disposed of by Deputy Director of Education, Latur Division, Latur on 30th January, 2012 and appeal came to be dismissed. The appellate authority has recorded in the order that rule 26.4, Appendix-Six of the Secondary Schools Code-2006 does not permit to make correction in the entries in respect of caste in the school record after pupil has left the school. According to the petitioner, reasons recorded by both the authorities for turning down his claim are erroneous and against the provisions of Secondary Schools Code, 2006. Rule 26.4 of the Secondary Schools Code, 2006 prescribe that application for change or correction of date of birth, name, surname, caste etc., as entered in the General Register shall be entertained from or on behalf of a pupil who is attending a school. It further provide that such application shall not be entertained from or on behalf of a pupil, who has left the school, as the same amounts not only to a change in the entries in the General Register but also to a change in the School Leaving Certificate. It has been further prescribed that, however, for the purposes like an admission to another educational institution the School Leaving certificate is relied upon as an evidence for name, surname, caste, date of birth etc., and in bonafide cases where wrong spelling of a word or an obvious mistake of the type mentioned in sub-rule 3 above is noticed any time after issue of the School Leaving Certificate and the same is required to be corrected so as to be consistent with the corresponding entries in the General Register of the school or those in the School Leaving Certificate issued by the previous school, such applications shall be entertained. The procedure to be followed in such cases is laid down in Appendix Six.</p><p> 4. Rule 26.4 of the Secondary Schools Code, 2006 has been interpreted by the Division Bench of this Court in the matter of Shaikh Shafi Ahmed Khadarsab vs. The State of Maharashtra and others in Writ Petition No. 1138 of 2009 decided on 13<sup>th</sup> March, 2012. In paragraph-11 of the judgment cited supra, the Division Bench of this Court has observed thus:</p><p> "11. For all these reasons, we hold that the instructions contained in para 26.4 of the S.S.Code that an application for change of an entry in the General Register of a school shall be entertained only on behalf of the pupil who is attending the school meaning thereby that it shall not be entertained on behalf of the pupil who has left the school, are directory and not mandatory. In our view, such an application can be entertained even after the pupil has left the school, provided the application is bona-fide and the pupil is able to satisfy that the original entry in the General Register of the school is erroneous. The application can be rejected if the entry is not shown to be erroneous and wrong. It, however, cannot be rejected without it being considered on merits, only on the technical ground that the application has been made after the pupil has left the school."</p><p> 5. Appendix Six of the Secondary Schools Code, 2006 lays down the procedure in respect of making correction and change in names, surnames, caste/sub-caste, date of birth etc., Paragraph Nos.12 to 15 of Appendix Six reads thus:</p><p> "<strong>Change in Caste or Sub-Caste (in respect of B.C. pupils only):</strong></p><p> (12) For making changes in caste or sub-caste of Backward Class pupils the guardian of the pupil shall make an application in Form No. 3 accompanying these rules.</p><p> (13) Permission may be given to change the entries in the General Register of the school in respect of "caste" or "sub-caste" of Backward Class pupils in the following circumstances.</p><p> (i) due to wrong entries made initially;</p><p> (ii) due to change in religion;</p><p> (iii) if the caste previously treated as non-backward was subsequently declared by Government as Backward or vice-versa.</p><p> (iv) due to adoption;</p><p> (v) due to inter-caste or inter-religion marriage;</p><p> (14) For this purpose, the necessary certificates from the following authorities must accompany the application for change of caste or sub-caste:</p><p> <strong>(a) For Reasons</strong>, (i),(ii) and (iii) above:</p><p> In Greater Bombay (a) The Chief Presidency Magistrate or the Presidency Magistrate authorised by him;</p><p> Or</p><p> (b) Justice of Peace; or (Deleted)</p><p> (c) Social, Welfare Officer, Greater Bombay, Bombay.</p><p> In other areas (d) The District Magistrates or Executive Magistrates authorized by them;</p><p> or</p><p> (e) Honorary Magistrates; or (Deleted)</p><p> (f) The Social Welfare Officer of the district concerned.</p><p> (<strong>b) Due to adoption </strong>:</p><p> The original adoption-deed or a certified copy of that deed or a certificate from stipendiary Magistrate showing the change in name (if any) and the caste or sub-caste changed as a result of adoption should accompany the application for change in caste or sub-caste.</p><p> <strong>(c) Due to inter-caste or inter-religion marriage </strong>:</p><p> A declaration by the parent or guardian attested by two witnesses and the student himself/herself or certified copy of the certificate of registration of marriage should accompany the application for change in caste or sub-caste along with the certificate from the concerned competent authority mentioned in (a) above showing that the caste or sub-caste has changed as a result of the marriage.</p><p> <strong>(d) Due to any other reason </strong>:</p><p> An affidavit made before a stipendiary Magistrate by the parent or guardian should accompany the application for change in caste of sub-caste.</p><p> <strong>N.B</strong>.: The term "Backward Class" means and includes the following categories.</p><table><tbody><tr><td>1<td>Scheduled castes and Schedule Caste converts to Buddhism.<td>As per Scheduled Castes and Scheduled Tribes Lists Modification Order, 1956, as adopted for Maharashtra State.</tr><tr><td>2<td>Scheduled Tribes including those outside specified areas.<td>Vide Part VII-A of the Seventh and Eighth Schedule of the Bombay Reorganisation Act, 1960 and orders issued by Government in this behalf from time to time.</tr><tr><td>3<td>DenotifiedTribes and Nomadic Tribes.<td>As per Government Resolution, Education and Social Welfare Deptt. No. CBC. 1361-M, dated 21<sup>st</sup> November 1961 and Government from time to time.</tr><tr><td>4<td>Other Classes.<td>Backward Castes which have been declared as belonging to the other Backward Classes by Government from time to time.</tr></tbody></table><strong>General</strong>:-<p> (Please also see Annexure 36).</p><p> 15. An appeal against the decision of the Educational Inspector, Greater Bombay or as the case may be, the Education Officer, Zilla Parishad concerned, who has not sanctioned the change shall be submitted to the Deputy Director concerned within 30 days of the receipt of the order."</p><p> 6. On fulfillment of requirements laid down under Appendix Six, the application tendered for effecting change in the entries recorded in school record can be entertained. Respondents were therefore not justified in turning down the application tendered by the petitioner on the ground that the entries recorded in the school record cannot be corrected after pupil has left school. The petition, therefore, deserves to be allowed and Education Officer (Primary), Zilla Parishad, Osmanabad is required to be directed to consider the application tendered by the petitioner to the school authorities and which has been forwarded to the Education Officer (Primary), Zilla Parishad, Osmanabad, in accordance with provisions of Secondary Schools Code, 2006. The orders passed by respondent Nos. 2 and 3 impugned in this petition, are quashed and set aside and the matter is remitted back to the Education Officer (Primary), Zilla Parishad, Osmanabad for reconsideration. The Education Officer (Primary), Zilla Parishad, Osmanabad shall proceed to take decision on the application in accordance with provisions of Secondary Schools Code, 2006 and the observations made in this judgment. The petitioner shall cause appearance before the Education Officer (Primary), Zilla Parishad, Osmanabad on 29th October, 2012 and as such, no separate notice requiring petitioner's appearance before respondent No. 3 shall be essential. Respondent No. 3 shall decide the application, as expeditiously as possible, preferably within eight (8) weeks from date of appearance of petitioner before him. Rule is accordingly made absolute. No order as to costs.</p><p> 7. Pending civil application, if any, does not survive, same stands disposed of.</p>',
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	(int) 0 => '<p><strong>Oral Judgment : [ R.M. Borde, J.]</strong><p> Rule. Rule made returnable forthwith.',
	(int) 1 => '<p> With consent of the parties, the petition is taken up for final disposal at admission stage.',
	(int) 2 => '<p> 2. The petitioner claims to be belonging to Bhavsar Kshetriya caste which is included in Other Backward Class category. The petitioner is serving as Conductor in Maharashtra State Road Transport Corporation. The school record of the petitioner records caste as 'Hindu Maratha'. According to the petitioner, while securing admission in school, his father has erroneously recorded the entry as 'Hindu Maratha'. He further contends that old record pertaining to his father, uncle and other near relatives show that they belong to 'Bhavsar Kehstriya caste'. The petitioner has also been issued caste certificate by the competent authority. The son of the petitioner has also been issued caste certificate by the competent authority certifying that he belongs to 'Bhavsar Kshetriya caste' and his caste claim has been validated by the competent Committee. The petitioner, therefore, tendered application to school where he was studying for onward transmission to the Education Officer (Primary), Zilla Parishad, Osmanabad for issuing directions for affecting necessary corrections. The school authority forwarded the application with favourable recommendation to the Education Officer. The Education Officer (Primary) by his order dated 1st November, 2011 was pleased to reject the application recording that since the petitioner has left the school, the application is not maintainable.',
	(int) 3 => '<p> 3. The petitioner tendered appeal to the Deputy Director of Education, Latur Division, Latur,which was heard and disposed of by Deputy Director of Education, Latur Division, Latur on 30th January, 2012 and appeal came to be dismissed. The appellate authority has recorded in the order that rule 26.4, Appendix-Six of the Secondary Schools Code-2006 does not permit to make correction in the entries in respect of caste in the school record after pupil has left the school. According to the petitioner, reasons recorded by both the authorities for turning down his claim are erroneous and against the provisions of Secondary Schools Code, 2006. Rule 26.4 of the Secondary Schools Code, 2006 prescribe that application for change or correction of date of birth, name, surname, caste etc., as entered in the General Register shall be entertained from or on behalf of a pupil who is attending a school. It further provide that such application shall not be entertained from or on behalf of a pupil, who has left the school, as the same amounts not only to a change in the entries in the General Register but also to a change in the School Leaving Certificate. It has been further prescribed that, however, for the purposes like an admission to another educational institution the School Leaving certificate is relied upon as an evidence for name, surname, caste, date of birth etc., and in bonafide cases where wrong spelling of a word or an obvious mistake of the type mentioned in sub-rule 3 above is noticed any time after issue of the School Leaving Certificate and the same is required to be corrected so as to be consistent with the corresponding entries in the General Register of the school or those in the School Leaving Certificate issued by the previous school, such applications shall be entertained. The procedure to be followed in such cases is laid down in Appendix Six.',
	(int) 4 => '<p> 4. Rule 26.4 of the Secondary Schools Code, 2006 has been interpreted by the Division Bench of this Court in the matter of Shaikh Shafi Ahmed Khadarsab vs. The State of Maharashtra and others in Writ Petition No. 1138 of 2009 decided on 13<sup>th</sup> March, 2012. In paragraph-11 of the judgment cited supra, the Division Bench of this Court has observed thus:',
	(int) 5 => '<p> "11. For all these reasons, we hold that the instructions contained in para 26.4 of the S.S.Code that an application for change of an entry in the General Register of a school shall be entertained only on behalf of the pupil who is attending the school meaning thereby that it shall not be entertained on behalf of the pupil who has left the school, are directory and not mandatory. In our view, such an application can be entertained even after the pupil has left the school, provided the application is bona-fide and the pupil is able to satisfy that the original entry in the General Register of the school is erroneous. The application can be rejected if the entry is not shown to be erroneous and wrong. It, however, cannot be rejected without it being considered on merits, only on the technical ground that the application has been made after the pupil has left the school."',
	(int) 6 => '<p> 5. Appendix Six of the Secondary Schools Code, 2006 lays down the procedure in respect of making correction and change in names, surnames, caste/sub-caste, date of birth etc., Paragraph Nos.12 to 15 of Appendix Six reads thus:',
	(int) 7 => '<p> "<strong>Change in Caste or Sub-Caste (in respect of B.C. pupils only):</strong>',
	(int) 8 => '<p> (12) For making changes in caste or sub-caste of Backward Class pupils the guardian of the pupil shall make an application in Form No. 3 accompanying these rules.',
	(int) 9 => '<p> (13) Permission may be given to change the entries in the General Register of the school in respect of "caste" or "sub-caste" of Backward Class pupils in the following circumstances.',
	(int) 10 => '<p> (i) due to wrong entries made initially;',
	(int) 11 => '<p> (ii) due to change in religion;',
	(int) 12 => '<p> (iii) if the caste previously treated as non-backward was subsequently declared by Government as Backward or vice-versa.',
	(int) 13 => '<p> (iv) due to adoption;',
	(int) 14 => '<p> (v) due to inter-caste or inter-religion marriage;',
	(int) 15 => '<p> (14) For this purpose, the necessary certificates from the following authorities must accompany the application for change of caste or sub-caste:',
	(int) 16 => '<p> <strong>(a) For Reasons</strong>, (i),(ii) and (iii) above:',
	(int) 17 => '<p> In Greater Bombay (a) The Chief Presidency Magistrate or the Presidency Magistrate authorised by him;',
	(int) 18 => '<p> Or',
	(int) 19 => '<p> (b) Justice of Peace; or (Deleted)',
	(int) 20 => '<p> (c) Social, Welfare Officer, Greater Bombay, Bombay.',
	(int) 21 => '<p> In other areas (d) The District Magistrates or Executive Magistrates authorized by them;',
	(int) 22 => '<p> or',
	(int) 23 => '<p> (e) Honorary Magistrates; or (Deleted)',
	(int) 24 => '<p> (f) The Social Welfare Officer of the district concerned.',
	(int) 25 => '<p> (<strong>b) Due to adoption </strong>:',
	(int) 26 => '<p> The original adoption-deed or a certified copy of that deed or a certificate from stipendiary Magistrate showing the change in name (if any) and the caste or sub-caste changed as a result of adoption should accompany the application for change in caste or sub-caste.',
	(int) 27 => '<p> <strong>(c) Due to inter-caste or inter-religion marriage </strong>:',
	(int) 28 => '<p> A declaration by the parent or guardian attested by two witnesses and the student himself/herself or certified copy of the certificate of registration of marriage should accompany the application for change in caste or sub-caste along with the certificate from the concerned competent authority mentioned in (a) above showing that the caste or sub-caste has changed as a result of the marriage.',
	(int) 29 => '<p> <strong>(d) Due to any other reason </strong>:',
	(int) 30 => '<p> An affidavit made before a stipendiary Magistrate by the parent or guardian should accompany the application for change in caste of sub-caste.',
	(int) 31 => '<p> <strong>N.B</strong>.: The term "Backward Class" means and includes the following categories.',
	(int) 32 => '<table><tbody><tr><td>1<td>Scheduled castes and Schedule Caste converts to Buddhism.<td>As per Scheduled Castes and Scheduled Tribes Lists Modification Order, 1956, as adopted for Maharashtra State.</tr><tr><td>2<td>Scheduled Tribes including those outside specified areas.<td>Vide Part VII-A of the Seventh and Eighth Schedule of the Bombay Reorganisation Act, 1960 and orders issued by Government in this behalf from time to time.</tr><tr><td>3<td>DenotifiedTribes and Nomadic Tribes.<td>As per Government Resolution, Education and Social Welfare Deptt. No. CBC. 1361-M, dated 21<sup>st</sup> November 1961 and Government from time to time.</tr><tr><td>4<td>Other Classes.<td>Backward Castes which have been declared as belonging to the other Backward Classes by Government from time to time.</tr></tbody></table><strong>General</strong>:-<p> (Please also see Annexure 36).',
	(int) 33 => '<p> 15. An appeal against the decision of the Educational Inspector, Greater Bombay or as the case may be, the Education Officer, Zilla Parishad concerned, who has not sanctioned the change shall be submitted to the Deputy Director concerned within 30 days of the receipt of the order."',
	(int) 34 => '<p> 6. On fulfillment of requirements laid down under Appendix Six, the application tendered for effecting change in the entries recorded in school record can be entertained. Respondents were therefore not justified in turning down the application tendered by the petitioner on the ground that the entries recorded in the school record cannot be corrected after pupil has left school. The petition, therefore, deserves to be allowed and Education Officer (Primary), Zilla Parishad, Osmanabad is required to be directed to consider the application tendered by the petitioner to the school authorities and which has been forwarded to the Education Officer (Primary), Zilla Parishad, Osmanabad, in accordance with provisions of Secondary Schools Code, 2006. The orders passed by respondent Nos. 2 and 3 impugned in this petition, are quashed and set aside and the matter is remitted back to the Education Officer (Primary), Zilla Parishad, Osmanabad for reconsideration. The Education Officer (Primary), Zilla Parishad, Osmanabad shall proceed to take decision on the application in accordance with provisions of Secondary Schools Code, 2006 and the observations made in this judgment. The petitioner shall cause appearance before the Education Officer (Primary), Zilla Parishad, Osmanabad on 29th October, 2012 and as such, no separate notice requiring petitioner's appearance before respondent No. 3 shall be essential. Respondent No. 3 shall decide the application, as expeditiously as possible, preferably within eight (8) weeks from date of appearance of petitioner before him. Rule is accordingly made absolute. No order as to costs.',
	(int) 35 => '<p> 7. Pending civil application, if any, does not survive, same stands disposed of.',
	(int) 36 => ''
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(14) For this purpose, the necessary certificates from the following authorities must accompany the application for change of caste or sub-caste:

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			'casename' => 'Vilas S/O Dattatraya Ransubhe Vs. the State of Maharashtra, Through the Secretary, School Education and Sports Department and Others',
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			'judgement' => '<p style="text-align: justify;"><strong>Oral Judgment : [ R.M. Borde, J.]</strong><p style="text-align: justify;"> Rule. Rule made returnable forthwith.</p><p style="text-align: justify;"> With consent of the parties, the petition is taken up for final disposal at admission stage.</p><p style="text-align: justify;"> 2. The petitioner claims to be belonging to Bhavsar Kshetriya caste which is included in Other Backward Class category. The petitioner is serving as Conductor in Maharashtra State Road Transport Corporation. The school record of the petitioner records caste as 'Hindu Maratha'. According to the petitioner, while securing admission in school, his father has erroneously recorded the entry as 'Hindu Maratha'. He further contends that old record pertaining to his father, uncle and other near relatives show that they belong to 'Bhavsar Kehstriya caste'. The petitioner has also been issued caste certificate by the competent authority. The son of the petitioner has also been issued caste certificate by the competent authority certifying that he belongs to 'Bhavsar Kshetriya caste' and his caste claim has been validated by the competent Committee. The petitioner, therefore, tendered application to school where he was studying for onward transmission to the Education Officer (Primary), Zilla Parishad, Osmanabad for issuing directions for affecting necessary corrections. The school authority forwarded the application with favourable recommendation to the Education Officer. The Education Officer (Primary) by his order dated 1st November, 2011 was pleased to reject the application recording that since the petitioner has left the school, the application is not maintainable.</p><p style="text-align: justify;"> 3. The petitioner tendered appeal to the Deputy Director of Education, Latur Division, Latur,which was heard and disposed of by Deputy Director of Education, Latur Division, Latur on 30th January, 2012 and appeal came to be dismissed. The appellate authority has recorded in the order that rule 26.4, Appendix-Six of the Secondary Schools Code-2006 does not permit to make correction in the entries in respect of caste in the school record after pupil has left the school. According to the petitioner, reasons recorded by both the authorities for turning down his claim are erroneous and against the provisions of Secondary Schools Code, 2006. Rule 26.4 of the Secondary Schools Code, 2006 prescribe that application for change or correction of date of birth, name, surname, caste etc., as entered in the General Register shall be entertained from or on behalf of a pupil who is attending a school. It further provide that such application shall not be entertained from or on behalf of a pupil, who has left the school, as the same amounts not only to a change in the entries in the General Register but also to a change in the School Leaving Certificate. It has been further prescribed that, however, for the purposes like an admission to another educational institution the School Leaving certificate is relied upon as an evidence for name, surname, caste, date of birth etc., and in bonafide cases where wrong spelling of a word or an obvious mistake of the type mentioned in sub-rule 3 above is noticed any time after issue of the School Leaving Certificate and the same is required to be corrected so as to be consistent with the corresponding entries in the General Register of the school or those in the School Leaving Certificate issued by the previous school, such applications shall be entertained. The procedure to be followed in such cases is laid down in Appendix Six.</p><p style="text-align: justify;"> 4. Rule 26.4 of the Secondary Schools Code, 2006 has been interpreted by the Division Bench of this Court in the matter of Shaikh Shafi Ahmed Khadarsab vs. The State of Maharashtra and others in Writ Petition No. 1138 of 2009 decided on 13<sup>th</sup> March, 2012. In paragraph-11 of the judgment cited supra, the Division Bench of this Court has observed thus:</p><p style="text-align: justify;"> "11. For all these reasons, we hold that the instructions contained in para 26.4 of the S.S.Code that an application for change of an entry in the General Register of a school shall be entertained only on behalf of the pupil who is attending the school meaning thereby that it shall not be entertained on behalf of the pupil who has left the school, are directory and not mandatory. In our view, such an application can be entertained even after the pupil has left the school, provided the application is bona-fide and the pupil is able to satisfy that the original entry in the General Register of the school is erroneous. The application can be rejected if the entry is not shown to be erroneous and wrong. It, however, cannot be rejected without it being considered on merits, only on the technical ground that the application has been made after the pupil has left the school."</p><p style="text-align: justify;"> 5. Appendix Six of the Secondary Schools Code, 2006 lays down the procedure in respect of making correction and change in names, surnames, caste/sub-caste, date of birth etc., Paragraph Nos.12 to 15 of Appendix Six reads thus:</p><p style="text-align: justify;"> "<strong>Change in Caste or Sub-Caste (in respect of B.C. pupils only):</strong></p><p style="text-align: justify;"> (12) For making changes in caste or sub-caste of Backward Class pupils the guardian of the pupil shall make an application in Form No. 3 accompanying these rules.</p><p style="text-align: justify;"> (13) Permission may be given to change the entries in the General Register of the school in respect of "caste" or "sub-caste" of Backward Class pupils in the following circumstances.</p><p style="text-align: justify;"> (i) due to wrong entries made initially;</p><p style="text-align: justify;"> (ii) due to change in religion;</p><p style="text-align: justify;"> (iii) if the caste previously treated as non-backward was subsequently declared by Government as Backward or vice-versa.</p><p style="text-align: justify;"> (iv) due to adoption;</p><p style="text-align: justify;"> (v) due to inter-caste or inter-religion marriage;</p><p style="text-align: justify;"> (14) For this purpose, the necessary certificates from the following authorities must accompany the application for change of caste or sub-caste:</p><p style="text-align: justify;"> <strong>(a) For Reasons</strong>, (i),(ii) and (iii) above:</p><p style="text-align: justify;"> In Greater Bombay (a) The Chief Presidency Magistrate or the Presidency Magistrate authorised by him;</p><p style="text-align: justify;"> Or</p><p style="text-align: justify;"> (b) Justice of Peace; or (Deleted)</p><p style="text-align: justify;"> (c) Social, Welfare Officer, Greater Bombay, Bombay.</p><p style="text-align: justify;"> In other areas (d) The District Magistrates or Executive Magistrates authorized by them;</p><p style="text-align: justify;"> or</p><p style="text-align: justify;"> (e) Honorary Magistrates; or (Deleted)</p><p style="text-align: justify;"> (f) The Social Welfare Officer of the district concerned.</p><p style="text-align: justify;"> (<strong>b) Due to adoption </strong>:</p><p style="text-align: justify;"> The original adoption-deed or a certified copy of that deed or a certificate from stipendiary Magistrate showing the change in name (if any) and the caste or sub-caste changed as a result of adoption should accompany the application for change in caste or sub-caste.</p><p style="text-align: justify;"> <strong>(c) Due to inter-caste or inter-religion marriage </strong>:</p><p style="text-align: justify;"> A declaration by the parent or guardian attested by two witnesses and the student himself/herself or certified copy of the certificate of registration of marriage should accompany the application for change in caste or sub-caste along with the certificate from the concerned competent authority mentioned in (a) above showing that the caste or sub-caste has changed as a result of the marriage.</p><p style="text-align: justify;"> <strong>(d) Due to any other reason </strong>:</p><p style="text-align: justify;"> An affidavit made before a stipendiary Magistrate by the parent or guardian should accompany the application for change in caste of sub-caste.</p><p style="text-align: justify;"> <strong>N.B</strong>.: The term "Backward Class" means and includes the following categories.</p><table border="1" cellpadding="0" cellspacing="0"><tbody><tr><td style="width: 43px">1<td style="width: 251px">Scheduled castes and Schedule Caste converts to Buddhism.<td style="width: 282px">As per Scheduled Castes and Scheduled Tribes Lists Modification Order, 1956, as adopted for Maharashtra State.</tr><tr><td style="width: 43px">2<td style="width: 251px">Scheduled Tribes including those outside specified areas.<td style="width: 282px">Vide Part VII-A of the Seventh and Eighth Schedule of the Bombay Reorganisation Act, 1960 and orders issued by Government in this behalf from time to time.</tr><tr><td style="width: 43px">3<td style="width: 251px">DenotifiedTribes and Nomadic Tribes.<td style="width: 282px">As per Government Resolution, Education and Social Welfare Deptt. No. CBC. 1361-M, dated 21<sup>st</sup> November 1961 and Government from time to time.</tr><tr><td style="width: 43px">4<td style="width: 251px">Other Classes.<td style="width: 282px">Backward Castes which have been declared as belonging to the other Backward Classes by Government from time to time.</tr></tbody></table><strong>General</strong>:-<p style="text-align: justify;"> (Please also see Annexure 36).</p><p style="text-align: justify;"> 15. An appeal against the decision of the Educational Inspector, Greater Bombay or as the case may be, the Education Officer, Zilla Parishad concerned, who has not sanctioned the change shall be submitted to the Deputy Director concerned within 30 days of the receipt of the order."</p><p style="text-align: justify;"> 6. On fulfillment of requirements laid down under Appendix Six, the application tendered for effecting change in the entries recorded in school record can be entertained. Respondents were therefore not justified in turning down the application tendered by the petitioner on the ground that the entries recorded in the school record cannot be corrected after pupil has left school. The petition, therefore, deserves to be allowed and Education Officer (Primary), Zilla Parishad, Osmanabad is required to be directed to consider the application tendered by the petitioner to the school authorities and which has been forwarded to the Education Officer (Primary), Zilla Parishad, Osmanabad, in accordance with provisions of Secondary Schools Code, 2006. The orders passed by respondent Nos. 2 and 3 impugned in this petition, are quashed and set aside and the matter is remitted back to the Education Officer (Primary), Zilla Parishad, Osmanabad for reconsideration. The Education Officer (Primary), Zilla Parishad, Osmanabad shall proceed to take decision on the application in accordance with provisions of Secondary Schools Code, 2006 and the observations made in this judgment. The petitioner shall cause appearance before the Education Officer (Primary), Zilla Parishad, Osmanabad on 29th October, 2012 and as such, no separate notice requiring petitioner's appearance before respondent No. 3 shall be essential. Respondent No. 3 shall decide the application, as expeditiously as possible, preferably within eight (8) weeks from date of appearance of petitioner before him. Rule is accordingly made absolute. No order as to costs.</p><p style="text-align: justify;"> 7. Pending civil application, if any, does not survive, same stands disposed of.</p>',
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		'judgement' => '<p><strong>Oral Judgment : [ R.M. Borde, J.]</strong><p> Rule. Rule made returnable forthwith.</p><p> With consent of the parties, the petition is taken up for final disposal at admission stage.</p><p> 2. The petitioner claims to be belonging to Bhavsar Kshetriya caste which is included in Other Backward Class category. The petitioner is serving as Conductor in Maharashtra State Road Transport Corporation. The school record of the petitioner records caste as 'Hindu Maratha'. According to the petitioner, while securing admission in school, his father has erroneously recorded the entry as 'Hindu Maratha'. He further contends that old record pertaining to his father, uncle and other near relatives show that they belong to 'Bhavsar Kehstriya caste'. The petitioner has also been issued caste certificate by the competent authority. The son of the petitioner has also been issued caste certificate by the competent authority certifying that he belongs to 'Bhavsar Kshetriya caste' and his caste claim has been validated by the competent Committee. The petitioner, therefore, tendered application to school where he was studying for onward transmission to the Education Officer (Primary), Zilla Parishad, Osmanabad for issuing directions for affecting necessary corrections. The school authority forwarded the application with favourable recommendation to the Education Officer. The Education Officer (Primary) by his order dated 1st November, 2011 was pleased to reject the application recording that since the petitioner has left the school, the application is not maintainable.</p><p> 3. The petitioner tendered appeal to the Deputy Director of Education, Latur Division, Latur,which was heard and disposed of by Deputy Director of Education, Latur Division, Latur on 30th January, 2012 and appeal came to be dismissed. The appellate authority has recorded in the order that rule 26.4, Appendix-Six of the Secondary Schools Code-2006 does not permit to make correction in the entries in respect of caste in the school record after pupil has left the school. According to the petitioner, reasons recorded by both the authorities for turning down his claim are erroneous and against the provisions of Secondary Schools Code, 2006. Rule 26.4 of the Secondary Schools Code, 2006 prescribe that application for change or correction of date of birth, name, surname, caste etc., as entered in the General Register shall be entertained from or on behalf of a pupil who is attending a school. It further provide that such application shall not be entertained from or on behalf of a pupil, who has left the school, as the same amounts not only to a change in the entries in the General Register but also to a change in the School Leaving Certificate. It has been further prescribed that, however, for the purposes like an admission to another educational institution the School Leaving certificate is relied upon as an evidence for name, surname, caste, date of birth etc., and in bonafide cases where wrong spelling of a word or an obvious mistake of the type mentioned in sub-rule 3 above is noticed any time after issue of the School Leaving Certificate and the same is required to be corrected so as to be consistent with the corresponding entries in the General Register of the school or those in the School Leaving Certificate issued by the previous school, such applications shall be entertained. The procedure to be followed in such cases is laid down in Appendix Six.</p><p> 4. Rule 26.4 of the Secondary Schools Code, 2006 has been interpreted by the Division Bench of this Court in the matter of Shaikh Shafi Ahmed Khadarsab vs. The State of Maharashtra and others in Writ Petition No. 1138 of 2009 decided on 13<sup>th</sup> March, 2012. In paragraph-11 of the judgment cited supra, the Division Bench of this Court has observed thus:</p><p> "11. For all these reasons, we hold that the instructions contained in para 26.4 of the S.S.Code that an application for change of an entry in the General Register of a school shall be entertained only on behalf of the pupil who is attending the school meaning thereby that it shall not be entertained on behalf of the pupil who has left the school, are directory and not mandatory. In our view, such an application can be entertained even after the pupil has left the school, provided the application is bona-fide and the pupil is able to satisfy that the original entry in the General Register of the school is erroneous. The application can be rejected if the entry is not shown to be erroneous and wrong. It, however, cannot be rejected without it being considered on merits, only on the technical ground that the application has been made after the pupil has left the school."</p><p> 5. Appendix Six of the Secondary Schools Code, 2006 lays down the procedure in respect of making correction and change in names, surnames, caste/sub-caste, date of birth etc., Paragraph Nos.12 to 15 of Appendix Six reads thus:</p><p> "<strong>Change in Caste or Sub-Caste (in respect of B.C. pupils only):</strong></p><p> (12) For making changes in caste or sub-caste of Backward Class pupils the guardian of the pupil shall make an application in Form No. 3 accompanying these rules.</p><p> (13) Permission may be given to change the entries in the General Register of the school in respect of "caste" or "sub-caste" of Backward Class pupils in the following circumstances.</p><p> (i) due to wrong entries made initially;</p><p> (ii) due to change in religion;</p><p> (iii) if the caste previously treated as non-backward was subsequently declared by Government as Backward or vice-versa.</p><p> (iv) due to adoption;</p><p> (v) due to inter-caste or inter-religion marriage;</p><p> (14) For this purpose, the necessary certificates from the following authorities must accompany the application for change of caste or sub-caste:</p><p> <strong>(a) For Reasons</strong>, (i),(ii) and (iii) above:</p><p> In Greater Bombay (a) The Chief Presidency Magistrate or the Presidency Magistrate authorised by him;</p><p> Or</p><p> (b) Justice of Peace; or (Deleted)</p><p> (c) Social, Welfare Officer, Greater Bombay, Bombay.</p><p> In other areas (d) The District Magistrates or Executive Magistrates authorized by them;</p><p> or</p><p> (e) Honorary Magistrates; or (Deleted)</p><p> (f) The Social Welfare Officer of the district concerned.</p><p> (<strong>b) Due to adoption </strong>:</p><p> The original adoption-deed or a certified copy of that deed or a certificate from stipendiary Magistrate showing the change in name (if any) and the caste or sub-caste changed as a result of adoption should accompany the application for change in caste or sub-caste.</p><p> <strong>(c) Due to inter-caste or inter-religion marriage </strong>:</p><p> A declaration by the parent or guardian attested by two witnesses and the student himself/herself or certified copy of the certificate of registration of marriage should accompany the application for change in caste or sub-caste along with the certificate from the concerned competent authority mentioned in (a) above showing that the caste or sub-caste has changed as a result of the marriage.</p><p> <strong>(d) Due to any other reason </strong>:</p><p> An affidavit made before a stipendiary Magistrate by the parent or guardian should accompany the application for change in caste of sub-caste.</p><p> <strong>N.B</strong>.: The term "Backward Class" means and includes the following categories.</p><table><tbody><tr><td>1<td>Scheduled castes and Schedule Caste converts to Buddhism.<td>As per Scheduled Castes and Scheduled Tribes Lists Modification Order, 1956, as adopted for Maharashtra State.</tr><tr><td>2<td>Scheduled Tribes including those outside specified areas.<td>Vide Part VII-A of the Seventh and Eighth Schedule of the Bombay Reorganisation Act, 1960 and orders issued by Government in this behalf from time to time.</tr><tr><td>3<td>DenotifiedTribes and Nomadic Tribes.<td>As per Government Resolution, Education and Social Welfare Deptt. No. CBC. 1361-M, dated 21<sup>st</sup> November 1961 and Government from time to time.</tr><tr><td>4<td>Other Classes.<td>Backward Castes which have been declared as belonging to the other Backward Classes by Government from time to time.</tr></tbody></table><strong>General</strong>:-<p> (Please also see Annexure 36).</p><p> 15. An appeal against the decision of the Educational Inspector, Greater Bombay or as the case may be, the Education Officer, Zilla Parishad concerned, who has not sanctioned the change shall be submitted to the Deputy Director concerned within 30 days of the receipt of the order."</p><p> 6. On fulfillment of requirements laid down under Appendix Six, the application tendered for effecting change in the entries recorded in school record can be entertained. Respondents were therefore not justified in turning down the application tendered by the petitioner on the ground that the entries recorded in the school record cannot be corrected after pupil has left school. The petition, therefore, deserves to be allowed and Education Officer (Primary), Zilla Parishad, Osmanabad is required to be directed to consider the application tendered by the petitioner to the school authorities and which has been forwarded to the Education Officer (Primary), Zilla Parishad, Osmanabad, in accordance with provisions of Secondary Schools Code, 2006. The orders passed by respondent Nos. 2 and 3 impugned in this petition, are quashed and set aside and the matter is remitted back to the Education Officer (Primary), Zilla Parishad, Osmanabad for reconsideration. The Education Officer (Primary), Zilla Parishad, Osmanabad shall proceed to take decision on the application in accordance with provisions of Secondary Schools Code, 2006 and the observations made in this judgment. The petitioner shall cause appearance before the Education Officer (Primary), Zilla Parishad, Osmanabad on 29th October, 2012 and as such, no separate notice requiring petitioner's appearance before respondent No. 3 shall be essential. Respondent No. 3 shall decide the application, as expeditiously as possible, preferably within eight (8) weeks from date of appearance of petitioner before him. Rule is accordingly made absolute. No order as to costs.</p><p> 7. Pending civil application, if any, does not survive, same stands disposed of.</p>',
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	(int) 1 => '<p> With consent of the parties, the petition is taken up for final disposal at admission stage.',
	(int) 2 => '<p> 2. The petitioner claims to be belonging to Bhavsar Kshetriya caste which is included in Other Backward Class category. The petitioner is serving as Conductor in Maharashtra State Road Transport Corporation. The school record of the petitioner records caste as 'Hindu Maratha'. According to the petitioner, while securing admission in school, his father has erroneously recorded the entry as 'Hindu Maratha'. He further contends that old record pertaining to his father, uncle and other near relatives show that they belong to 'Bhavsar Kehstriya caste'. The petitioner has also been issued caste certificate by the competent authority. The son of the petitioner has also been issued caste certificate by the competent authority certifying that he belongs to 'Bhavsar Kshetriya caste' and his caste claim has been validated by the competent Committee. The petitioner, therefore, tendered application to school where he was studying for onward transmission to the Education Officer (Primary), Zilla Parishad, Osmanabad for issuing directions for affecting necessary corrections. The school authority forwarded the application with favourable recommendation to the Education Officer. The Education Officer (Primary) by his order dated 1st November, 2011 was pleased to reject the application recording that since the petitioner has left the school, the application is not maintainable.',
	(int) 3 => '<p> 3. The petitioner tendered appeal to the Deputy Director of Education, Latur Division, Latur,which was heard and disposed of by Deputy Director of Education, Latur Division, Latur on 30th January, 2012 and appeal came to be dismissed. The appellate authority has recorded in the order that rule 26.4, Appendix-Six of the Secondary Schools Code-2006 does not permit to make correction in the entries in respect of caste in the school record after pupil has left the school. According to the petitioner, reasons recorded by both the authorities for turning down his claim are erroneous and against the provisions of Secondary Schools Code, 2006. Rule 26.4 of the Secondary Schools Code, 2006 prescribe that application for change or correction of date of birth, name, surname, caste etc., as entered in the General Register shall be entertained from or on behalf of a pupil who is attending a school. It further provide that such application shall not be entertained from or on behalf of a pupil, who has left the school, as the same amounts not only to a change in the entries in the General Register but also to a change in the School Leaving Certificate. It has been further prescribed that, however, for the purposes like an admission to another educational institution the School Leaving certificate is relied upon as an evidence for name, surname, caste, date of birth etc., and in bonafide cases where wrong spelling of a word or an obvious mistake of the type mentioned in sub-rule 3 above is noticed any time after issue of the School Leaving Certificate and the same is required to be corrected so as to be consistent with the corresponding entries in the General Register of the school or those in the School Leaving Certificate issued by the previous school, such applications shall be entertained. The procedure to be followed in such cases is laid down in Appendix Six.',
	(int) 4 => '<p> 4. Rule 26.4 of the Secondary Schools Code, 2006 has been interpreted by the Division Bench of this Court in the matter of Shaikh Shafi Ahmed Khadarsab vs. The State of Maharashtra and others in Writ Petition No. 1138 of 2009 decided on 13<sup>th</sup> March, 2012. In paragraph-11 of the judgment cited supra, the Division Bench of this Court has observed thus:',
	(int) 5 => '<p> "11. For all these reasons, we hold that the instructions contained in para 26.4 of the S.S.Code that an application for change of an entry in the General Register of a school shall be entertained only on behalf of the pupil who is attending the school meaning thereby that it shall not be entertained on behalf of the pupil who has left the school, are directory and not mandatory. In our view, such an application can be entertained even after the pupil has left the school, provided the application is bona-fide and the pupil is able to satisfy that the original entry in the General Register of the school is erroneous. The application can be rejected if the entry is not shown to be erroneous and wrong. It, however, cannot be rejected without it being considered on merits, only on the technical ground that the application has been made after the pupil has left the school."',
	(int) 6 => '<p> 5. Appendix Six of the Secondary Schools Code, 2006 lays down the procedure in respect of making correction and change in names, surnames, caste/sub-caste, date of birth etc., Paragraph Nos.12 to 15 of Appendix Six reads thus:',
	(int) 7 => '<p> "<strong>Change in Caste or Sub-Caste (in respect of B.C. pupils only):</strong>',
	(int) 8 => '<p> (12) For making changes in caste or sub-caste of Backward Class pupils the guardian of the pupil shall make an application in Form No. 3 accompanying these rules.',
	(int) 9 => '<p> (13) Permission may be given to change the entries in the General Register of the school in respect of "caste" or "sub-caste" of Backward Class pupils in the following circumstances.',
	(int) 10 => '<p> (i) due to wrong entries made initially;',
	(int) 11 => '<p> (ii) due to change in religion;',
	(int) 12 => '<p> (iii) if the caste previously treated as non-backward was subsequently declared by Government as Backward or vice-versa.',
	(int) 13 => '<p> (iv) due to adoption;',
	(int) 14 => '<p> (v) due to inter-caste or inter-religion marriage;',
	(int) 15 => '<p> (14) For this purpose, the necessary certificates from the following authorities must accompany the application for change of caste or sub-caste:',
	(int) 16 => '<p> <strong>(a) For Reasons</strong>, (i),(ii) and (iii) above:',
	(int) 17 => '<p> In Greater Bombay (a) The Chief Presidency Magistrate or the Presidency Magistrate authorised by him;',
	(int) 18 => '<p> Or',
	(int) 19 => '<p> (b) Justice of Peace; or (Deleted)',
	(int) 20 => '<p> (c) Social, Welfare Officer, Greater Bombay, Bombay.',
	(int) 21 => '<p> In other areas (d) The District Magistrates or Executive Magistrates authorized by them;',
	(int) 22 => '<p> or',
	(int) 23 => '<p> (e) Honorary Magistrates; or (Deleted)',
	(int) 24 => '<p> (f) The Social Welfare Officer of the district concerned.',
	(int) 25 => '<p> (<strong>b) Due to adoption </strong>:',
	(int) 26 => '<p> The original adoption-deed or a certified copy of that deed or a certificate from stipendiary Magistrate showing the change in name (if any) and the caste or sub-caste changed as a result of adoption should accompany the application for change in caste or sub-caste.',
	(int) 27 => '<p> <strong>(c) Due to inter-caste or inter-religion marriage </strong>:',
	(int) 28 => '<p> A declaration by the parent or guardian attested by two witnesses and the student himself/herself or certified copy of the certificate of registration of marriage should accompany the application for change in caste or sub-caste along with the certificate from the concerned competent authority mentioned in (a) above showing that the caste or sub-caste has changed as a result of the marriage.',
	(int) 29 => '<p> <strong>(d) Due to any other reason </strong>:',
	(int) 30 => '<p> An affidavit made before a stipendiary Magistrate by the parent or guardian should accompany the application for change in caste of sub-caste.',
	(int) 31 => '<p> <strong>N.B</strong>.: The term "Backward Class" means and includes the following categories.',
	(int) 32 => '<table><tbody><tr><td>1<td>Scheduled castes and Schedule Caste converts to Buddhism.<td>As per Scheduled Castes and Scheduled Tribes Lists Modification Order, 1956, as adopted for Maharashtra State.</tr><tr><td>2<td>Scheduled Tribes including those outside specified areas.<td>Vide Part VII-A of the Seventh and Eighth Schedule of the Bombay Reorganisation Act, 1960 and orders issued by Government in this behalf from time to time.</tr><tr><td>3<td>DenotifiedTribes and Nomadic Tribes.<td>As per Government Resolution, Education and Social Welfare Deptt. No. CBC. 1361-M, dated 21<sup>st</sup> November 1961 and Government from time to time.</tr><tr><td>4<td>Other Classes.<td>Backward Castes which have been declared as belonging to the other Backward Classes by Government from time to time.</tr></tbody></table><strong>General</strong>:-<p> (Please also see Annexure 36).',
	(int) 33 => '<p> 15. An appeal against the decision of the Educational Inspector, Greater Bombay or as the case may be, the Education Officer, Zilla Parishad concerned, who has not sanctioned the change shall be submitted to the Deputy Director concerned within 30 days of the receipt of the order."',
	(int) 34 => '<p> 6. On fulfillment of requirements laid down under Appendix Six, the application tendered for effecting change in the entries recorded in school record can be entertained. Respondents were therefore not justified in turning down the application tendered by the petitioner on the ground that the entries recorded in the school record cannot be corrected after pupil has left school. The petition, therefore, deserves to be allowed and Education Officer (Primary), Zilla Parishad, Osmanabad is required to be directed to consider the application tendered by the petitioner to the school authorities and which has been forwarded to the Education Officer (Primary), Zilla Parishad, Osmanabad, in accordance with provisions of Secondary Schools Code, 2006. The orders passed by respondent Nos. 2 and 3 impugned in this petition, are quashed and set aside and the matter is remitted back to the Education Officer (Primary), Zilla Parishad, Osmanabad for reconsideration. The Education Officer (Primary), Zilla Parishad, Osmanabad shall proceed to take decision on the application in accordance with provisions of Secondary Schools Code, 2006 and the observations made in this judgment. The petitioner shall cause appearance before the Education Officer (Primary), Zilla Parishad, Osmanabad on 29th October, 2012 and as such, no separate notice requiring petitioner's appearance before respondent No. 3 shall be essential. Respondent No. 3 shall decide the application, as expeditiously as possible, preferably within eight (8) weeks from date of appearance of petitioner before him. Rule is accordingly made absolute. No order as to costs.',
	(int) 35 => '<p> 7. Pending civil application, if any, does not survive, same stands disposed of.',
	(int) 36 => ''
)
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$cnt = (int) 37
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(a) For Reasons, (i),(ii) and (iii) above:

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	'title_for_layout' => 'Vilas S O Dattatraya Ransubhe Vs the State of Maharashtra Through the Secretary School Education and Sports Department and Others - Citation 1105404 - Court Judgment | ',
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		'Judgement' => array(
			'id' => '1105404',
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			'appealno' => 'Writ Petition No.3266 of 2012 ',
			'appellant' => 'Vilas S/O Dattatraya Ransubhe',
			'authreffered' => null,
			'casename' => 'Vilas S/O Dattatraya Ransubhe Vs. the State of Maharashtra, Through the Secretary, School Education and Sports Department and Others',
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			'court' => 'Mumbai Aurangabad',
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			'decidedon' => '2012-10-08',
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			'judge' => 'R.M. BORDE & S.S. SHINDE',
			'judgement' => '<p style="text-align: justify;"><strong>Oral Judgment : [ R.M. Borde, J.]</strong><p style="text-align: justify;"> Rule. Rule made returnable forthwith.</p><p style="text-align: justify;"> With consent of the parties, the petition is taken up for final disposal at admission stage.</p><p style="text-align: justify;"> 2. The petitioner claims to be belonging to Bhavsar Kshetriya caste which is included in Other Backward Class category. The petitioner is serving as Conductor in Maharashtra State Road Transport Corporation. The school record of the petitioner records caste as 'Hindu Maratha'. According to the petitioner, while securing admission in school, his father has erroneously recorded the entry as 'Hindu Maratha'. He further contends that old record pertaining to his father, uncle and other near relatives show that they belong to 'Bhavsar Kehstriya caste'. The petitioner has also been issued caste certificate by the competent authority. The son of the petitioner has also been issued caste certificate by the competent authority certifying that he belongs to 'Bhavsar Kshetriya caste' and his caste claim has been validated by the competent Committee. The petitioner, therefore, tendered application to school where he was studying for onward transmission to the Education Officer (Primary), Zilla Parishad, Osmanabad for issuing directions for affecting necessary corrections. The school authority forwarded the application with favourable recommendation to the Education Officer. The Education Officer (Primary) by his order dated 1st November, 2011 was pleased to reject the application recording that since the petitioner has left the school, the application is not maintainable.</p><p style="text-align: justify;"> 3. The petitioner tendered appeal to the Deputy Director of Education, Latur Division, Latur,which was heard and disposed of by Deputy Director of Education, Latur Division, Latur on 30th January, 2012 and appeal came to be dismissed. The appellate authority has recorded in the order that rule 26.4, Appendix-Six of the Secondary Schools Code-2006 does not permit to make correction in the entries in respect of caste in the school record after pupil has left the school. According to the petitioner, reasons recorded by both the authorities for turning down his claim are erroneous and against the provisions of Secondary Schools Code, 2006. Rule 26.4 of the Secondary Schools Code, 2006 prescribe that application for change or correction of date of birth, name, surname, caste etc., as entered in the General Register shall be entertained from or on behalf of a pupil who is attending a school. It further provide that such application shall not be entertained from or on behalf of a pupil, who has left the school, as the same amounts not only to a change in the entries in the General Register but also to a change in the School Leaving Certificate. It has been further prescribed that, however, for the purposes like an admission to another educational institution the School Leaving certificate is relied upon as an evidence for name, surname, caste, date of birth etc., and in bonafide cases where wrong spelling of a word or an obvious mistake of the type mentioned in sub-rule 3 above is noticed any time after issue of the School Leaving Certificate and the same is required to be corrected so as to be consistent with the corresponding entries in the General Register of the school or those in the School Leaving Certificate issued by the previous school, such applications shall be entertained. The procedure to be followed in such cases is laid down in Appendix Six.</p><p style="text-align: justify;"> 4. Rule 26.4 of the Secondary Schools Code, 2006 has been interpreted by the Division Bench of this Court in the matter of Shaikh Shafi Ahmed Khadarsab vs. The State of Maharashtra and others in Writ Petition No. 1138 of 2009 decided on 13<sup>th</sup> March, 2012. In paragraph-11 of the judgment cited supra, the Division Bench of this Court has observed thus:</p><p style="text-align: justify;"> "11. For all these reasons, we hold that the instructions contained in para 26.4 of the S.S.Code that an application for change of an entry in the General Register of a school shall be entertained only on behalf of the pupil who is attending the school meaning thereby that it shall not be entertained on behalf of the pupil who has left the school, are directory and not mandatory. In our view, such an application can be entertained even after the pupil has left the school, provided the application is bona-fide and the pupil is able to satisfy that the original entry in the General Register of the school is erroneous. The application can be rejected if the entry is not shown to be erroneous and wrong. It, however, cannot be rejected without it being considered on merits, only on the technical ground that the application has been made after the pupil has left the school."</p><p style="text-align: justify;"> 5. Appendix Six of the Secondary Schools Code, 2006 lays down the procedure in respect of making correction and change in names, surnames, caste/sub-caste, date of birth etc., Paragraph Nos.12 to 15 of Appendix Six reads thus:</p><p style="text-align: justify;"> "<strong>Change in Caste or Sub-Caste (in respect of B.C. pupils only):</strong></p><p style="text-align: justify;"> (12) For making changes in caste or sub-caste of Backward Class pupils the guardian of the pupil shall make an application in Form No. 3 accompanying these rules.</p><p style="text-align: justify;"> (13) Permission may be given to change the entries in the General Register of the school in respect of "caste" or "sub-caste" of Backward Class pupils in the following circumstances.</p><p style="text-align: justify;"> (i) due to wrong entries made initially;</p><p style="text-align: justify;"> (ii) due to change in religion;</p><p style="text-align: justify;"> (iii) if the caste previously treated as non-backward was subsequently declared by Government as Backward or vice-versa.</p><p style="text-align: justify;"> (iv) due to adoption;</p><p style="text-align: justify;"> (v) due to inter-caste or inter-religion marriage;</p><p style="text-align: justify;"> (14) For this purpose, the necessary certificates from the following authorities must accompany the application for change of caste or sub-caste:</p><p style="text-align: justify;"> <strong>(a) For Reasons</strong>, (i),(ii) and (iii) above:</p><p style="text-align: justify;"> In Greater Bombay (a) The Chief Presidency Magistrate or the Presidency Magistrate authorised by him;</p><p style="text-align: justify;"> Or</p><p style="text-align: justify;"> (b) Justice of Peace; or (Deleted)</p><p style="text-align: justify;"> (c) Social, Welfare Officer, Greater Bombay, Bombay.</p><p style="text-align: justify;"> In other areas (d) The District Magistrates or Executive Magistrates authorized by them;</p><p style="text-align: justify;"> or</p><p style="text-align: justify;"> (e) Honorary Magistrates; or (Deleted)</p><p style="text-align: justify;"> (f) The Social Welfare Officer of the district concerned.</p><p style="text-align: justify;"> (<strong>b) Due to adoption </strong>:</p><p style="text-align: justify;"> The original adoption-deed or a certified copy of that deed or a certificate from stipendiary Magistrate showing the change in name (if any) and the caste or sub-caste changed as a result of adoption should accompany the application for change in caste or sub-caste.</p><p style="text-align: justify;"> <strong>(c) Due to inter-caste or inter-religion marriage </strong>:</p><p style="text-align: justify;"> A declaration by the parent or guardian attested by two witnesses and the student himself/herself or certified copy of the certificate of registration of marriage should accompany the application for change in caste or sub-caste along with the certificate from the concerned competent authority mentioned in (a) above showing that the caste or sub-caste has changed as a result of the marriage.</p><p style="text-align: justify;"> <strong>(d) Due to any other reason </strong>:</p><p style="text-align: justify;"> An affidavit made before a stipendiary Magistrate by the parent or guardian should accompany the application for change in caste of sub-caste.</p><p style="text-align: justify;"> <strong>N.B</strong>.: The term "Backward Class" means and includes the following categories.</p><table border="1" cellpadding="0" cellspacing="0"><tbody><tr><td style="width: 43px">1<td style="width: 251px">Scheduled castes and Schedule Caste converts to Buddhism.<td style="width: 282px">As per Scheduled Castes and Scheduled Tribes Lists Modification Order, 1956, as adopted for Maharashtra State.</tr><tr><td style="width: 43px">2<td style="width: 251px">Scheduled Tribes including those outside specified areas.<td style="width: 282px">Vide Part VII-A of the Seventh and Eighth Schedule of the Bombay Reorganisation Act, 1960 and orders issued by Government in this behalf from time to time.</tr><tr><td style="width: 43px">3<td style="width: 251px">DenotifiedTribes and Nomadic Tribes.<td style="width: 282px">As per Government Resolution, Education and Social Welfare Deptt. No. CBC. 1361-M, dated 21<sup>st</sup> November 1961 and Government from time to time.</tr><tr><td style="width: 43px">4<td style="width: 251px">Other Classes.<td style="width: 282px">Backward Castes which have been declared as belonging to the other Backward Classes by Government from time to time.</tr></tbody></table><strong>General</strong>:-<p style="text-align: justify;"> (Please also see Annexure 36).</p><p style="text-align: justify;"> 15. An appeal against the decision of the Educational Inspector, Greater Bombay or as the case may be, the Education Officer, Zilla Parishad concerned, who has not sanctioned the change shall be submitted to the Deputy Director concerned within 30 days of the receipt of the order."</p><p style="text-align: justify;"> 6. On fulfillment of requirements laid down under Appendix Six, the application tendered for effecting change in the entries recorded in school record can be entertained. Respondents were therefore not justified in turning down the application tendered by the petitioner on the ground that the entries recorded in the school record cannot be corrected after pupil has left school. The petition, therefore, deserves to be allowed and Education Officer (Primary), Zilla Parishad, Osmanabad is required to be directed to consider the application tendered by the petitioner to the school authorities and which has been forwarded to the Education Officer (Primary), Zilla Parishad, Osmanabad, in accordance with provisions of Secondary Schools Code, 2006. The orders passed by respondent Nos. 2 and 3 impugned in this petition, are quashed and set aside and the matter is remitted back to the Education Officer (Primary), Zilla Parishad, Osmanabad for reconsideration. The Education Officer (Primary), Zilla Parishad, Osmanabad shall proceed to take decision on the application in accordance with provisions of Secondary Schools Code, 2006 and the observations made in this judgment. The petitioner shall cause appearance before the Education Officer (Primary), Zilla Parishad, Osmanabad on 29th October, 2012 and as such, no separate notice requiring petitioner's appearance before respondent No. 3 shall be essential. Respondent No. 3 shall decide the application, as expeditiously as possible, preferably within eight (8) weeks from date of appearance of petitioner before him. Rule is accordingly made absolute. No order as to costs.</p><p style="text-align: justify;"> 7. Pending civil application, if any, does not survive, same stands disposed of.</p>',
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		'acts' => null,
		'appealno' => 'Writ Petition No.3266 of 2012 ',
		'appellant' => 'Vilas S/O Dattatraya Ransubhe',
		'authreffered' => null,
		'casename' => 'Vilas S/O Dattatraya Ransubhe Vs. the State of Maharashtra, Through the Secretary, School Education and Sports Department and Others',
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		'judgement' => '<p><strong>Oral Judgment : [ R.M. Borde, J.]</strong><p> Rule. Rule made returnable forthwith.</p><p> With consent of the parties, the petition is taken up for final disposal at admission stage.</p><p> 2. The petitioner claims to be belonging to Bhavsar Kshetriya caste which is included in Other Backward Class category. The petitioner is serving as Conductor in Maharashtra State Road Transport Corporation. The school record of the petitioner records caste as 'Hindu Maratha'. According to the petitioner, while securing admission in school, his father has erroneously recorded the entry as 'Hindu Maratha'. He further contends that old record pertaining to his father, uncle and other near relatives show that they belong to 'Bhavsar Kehstriya caste'. The petitioner has also been issued caste certificate by the competent authority. The son of the petitioner has also been issued caste certificate by the competent authority certifying that he belongs to 'Bhavsar Kshetriya caste' and his caste claim has been validated by the competent Committee. The petitioner, therefore, tendered application to school where he was studying for onward transmission to the Education Officer (Primary), Zilla Parishad, Osmanabad for issuing directions for affecting necessary corrections. The school authority forwarded the application with favourable recommendation to the Education Officer. The Education Officer (Primary) by his order dated 1st November, 2011 was pleased to reject the application recording that since the petitioner has left the school, the application is not maintainable.</p><p> 3. The petitioner tendered appeal to the Deputy Director of Education, Latur Division, Latur,which was heard and disposed of by Deputy Director of Education, Latur Division, Latur on 30th January, 2012 and appeal came to be dismissed. The appellate authority has recorded in the order that rule 26.4, Appendix-Six of the Secondary Schools Code-2006 does not permit to make correction in the entries in respect of caste in the school record after pupil has left the school. According to the petitioner, reasons recorded by both the authorities for turning down his claim are erroneous and against the provisions of Secondary Schools Code, 2006. Rule 26.4 of the Secondary Schools Code, 2006 prescribe that application for change or correction of date of birth, name, surname, caste etc., as entered in the General Register shall be entertained from or on behalf of a pupil who is attending a school. It further provide that such application shall not be entertained from or on behalf of a pupil, who has left the school, as the same amounts not only to a change in the entries in the General Register but also to a change in the School Leaving Certificate. It has been further prescribed that, however, for the purposes like an admission to another educational institution the School Leaving certificate is relied upon as an evidence for name, surname, caste, date of birth etc., and in bonafide cases where wrong spelling of a word or an obvious mistake of the type mentioned in sub-rule 3 above is noticed any time after issue of the School Leaving Certificate and the same is required to be corrected so as to be consistent with the corresponding entries in the General Register of the school or those in the School Leaving Certificate issued by the previous school, such applications shall be entertained. The procedure to be followed in such cases is laid down in Appendix Six.</p><p> 4. Rule 26.4 of the Secondary Schools Code, 2006 has been interpreted by the Division Bench of this Court in the matter of Shaikh Shafi Ahmed Khadarsab vs. The State of Maharashtra and others in Writ Petition No. 1138 of 2009 decided on 13<sup>th</sup> March, 2012. In paragraph-11 of the judgment cited supra, the Division Bench of this Court has observed thus:</p><p> "11. For all these reasons, we hold that the instructions contained in para 26.4 of the S.S.Code that an application for change of an entry in the General Register of a school shall be entertained only on behalf of the pupil who is attending the school meaning thereby that it shall not be entertained on behalf of the pupil who has left the school, are directory and not mandatory. In our view, such an application can be entertained even after the pupil has left the school, provided the application is bona-fide and the pupil is able to satisfy that the original entry in the General Register of the school is erroneous. The application can be rejected if the entry is not shown to be erroneous and wrong. It, however, cannot be rejected without it being considered on merits, only on the technical ground that the application has been made after the pupil has left the school."</p><p> 5. Appendix Six of the Secondary Schools Code, 2006 lays down the procedure in respect of making correction and change in names, surnames, caste/sub-caste, date of birth etc., Paragraph Nos.12 to 15 of Appendix Six reads thus:</p><p> "<strong>Change in Caste or Sub-Caste (in respect of B.C. pupils only):</strong></p><p> (12) For making changes in caste or sub-caste of Backward Class pupils the guardian of the pupil shall make an application in Form No. 3 accompanying these rules.</p><p> (13) Permission may be given to change the entries in the General Register of the school in respect of "caste" or "sub-caste" of Backward Class pupils in the following circumstances.</p><p> (i) due to wrong entries made initially;</p><p> (ii) due to change in religion;</p><p> (iii) if the caste previously treated as non-backward was subsequently declared by Government as Backward or vice-versa.</p><p> (iv) due to adoption;</p><p> (v) due to inter-caste or inter-religion marriage;</p><p> (14) For this purpose, the necessary certificates from the following authorities must accompany the application for change of caste or sub-caste:</p><p> <strong>(a) For Reasons</strong>, (i),(ii) and (iii) above:</p><p> In Greater Bombay (a) The Chief Presidency Magistrate or the Presidency Magistrate authorised by him;</p><p> Or</p><p> (b) Justice of Peace; or (Deleted)</p><p> (c) Social, Welfare Officer, Greater Bombay, Bombay.</p><p> In other areas (d) The District Magistrates or Executive Magistrates authorized by them;</p><p> or</p><p> (e) Honorary Magistrates; or (Deleted)</p><p> (f) The Social Welfare Officer of the district concerned.</p><p> (<strong>b) Due to adoption </strong>:</p><p> The original adoption-deed or a certified copy of that deed or a certificate from stipendiary Magistrate showing the change in name (if any) and the caste or sub-caste changed as a result of adoption should accompany the application for change in caste or sub-caste.</p><p> <strong>(c) Due to inter-caste or inter-religion marriage </strong>:</p><p> A declaration by the parent or guardian attested by two witnesses and the student himself/herself or certified copy of the certificate of registration of marriage should accompany the application for change in caste or sub-caste along with the certificate from the concerned competent authority mentioned in (a) above showing that the caste or sub-caste has changed as a result of the marriage.</p><p> <strong>(d) Due to any other reason </strong>:</p><p> An affidavit made before a stipendiary Magistrate by the parent or guardian should accompany the application for change in caste of sub-caste.</p><p> <strong>N.B</strong>.: The term "Backward Class" means and includes the following categories.</p><table><tbody><tr><td>1<td>Scheduled castes and Schedule Caste converts to Buddhism.<td>As per Scheduled Castes and Scheduled Tribes Lists Modification Order, 1956, as adopted for Maharashtra State.</tr><tr><td>2<td>Scheduled Tribes including those outside specified areas.<td>Vide Part VII-A of the Seventh and Eighth Schedule of the Bombay Reorganisation Act, 1960 and orders issued by Government in this behalf from time to time.</tr><tr><td>3<td>DenotifiedTribes and Nomadic Tribes.<td>As per Government Resolution, Education and Social Welfare Deptt. No. CBC. 1361-M, dated 21<sup>st</sup> November 1961 and Government from time to time.</tr><tr><td>4<td>Other Classes.<td>Backward Castes which have been declared as belonging to the other Backward Classes by Government from time to time.</tr></tbody></table><strong>General</strong>:-<p> (Please also see Annexure 36).</p><p> 15. An appeal against the decision of the Educational Inspector, Greater Bombay or as the case may be, the Education Officer, Zilla Parishad concerned, who has not sanctioned the change shall be submitted to the Deputy Director concerned within 30 days of the receipt of the order."</p><p> 6. On fulfillment of requirements laid down under Appendix Six, the application tendered for effecting change in the entries recorded in school record can be entertained. Respondents were therefore not justified in turning down the application tendered by the petitioner on the ground that the entries recorded in the school record cannot be corrected after pupil has left school. The petition, therefore, deserves to be allowed and Education Officer (Primary), Zilla Parishad, Osmanabad is required to be directed to consider the application tendered by the petitioner to the school authorities and which has been forwarded to the Education Officer (Primary), Zilla Parishad, Osmanabad, in accordance with provisions of Secondary Schools Code, 2006. The orders passed by respondent Nos. 2 and 3 impugned in this petition, are quashed and set aside and the matter is remitted back to the Education Officer (Primary), Zilla Parishad, Osmanabad for reconsideration. The Education Officer (Primary), Zilla Parishad, Osmanabad shall proceed to take decision on the application in accordance with provisions of Secondary Schools Code, 2006 and the observations made in this judgment. The petitioner shall cause appearance before the Education Officer (Primary), Zilla Parishad, Osmanabad on 29th October, 2012 and as such, no separate notice requiring petitioner's appearance before respondent No. 3 shall be essential. Respondent No. 3 shall decide the application, as expeditiously as possible, preferably within eight (8) weeks from date of appearance of petitioner before him. Rule is accordingly made absolute. No order as to costs.</p><p> 7. Pending civil application, if any, does not survive, same stands disposed of.</p>',
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	(int) 0 => '<p><strong>Oral Judgment : [ R.M. Borde, J.]</strong><p> Rule. Rule made returnable forthwith.',
	(int) 1 => '<p> With consent of the parties, the petition is taken up for final disposal at admission stage.',
	(int) 2 => '<p> 2. The petitioner claims to be belonging to Bhavsar Kshetriya caste which is included in Other Backward Class category. The petitioner is serving as Conductor in Maharashtra State Road Transport Corporation. The school record of the petitioner records caste as 'Hindu Maratha'. According to the petitioner, while securing admission in school, his father has erroneously recorded the entry as 'Hindu Maratha'. He further contends that old record pertaining to his father, uncle and other near relatives show that they belong to 'Bhavsar Kehstriya caste'. The petitioner has also been issued caste certificate by the competent authority. The son of the petitioner has also been issued caste certificate by the competent authority certifying that he belongs to 'Bhavsar Kshetriya caste' and his caste claim has been validated by the competent Committee. The petitioner, therefore, tendered application to school where he was studying for onward transmission to the Education Officer (Primary), Zilla Parishad, Osmanabad for issuing directions for affecting necessary corrections. The school authority forwarded the application with favourable recommendation to the Education Officer. The Education Officer (Primary) by his order dated 1st November, 2011 was pleased to reject the application recording that since the petitioner has left the school, the application is not maintainable.',
	(int) 3 => '<p> 3. The petitioner tendered appeal to the Deputy Director of Education, Latur Division, Latur,which was heard and disposed of by Deputy Director of Education, Latur Division, Latur on 30th January, 2012 and appeal came to be dismissed. The appellate authority has recorded in the order that rule 26.4, Appendix-Six of the Secondary Schools Code-2006 does not permit to make correction in the entries in respect of caste in the school record after pupil has left the school. According to the petitioner, reasons recorded by both the authorities for turning down his claim are erroneous and against the provisions of Secondary Schools Code, 2006. Rule 26.4 of the Secondary Schools Code, 2006 prescribe that application for change or correction of date of birth, name, surname, caste etc., as entered in the General Register shall be entertained from or on behalf of a pupil who is attending a school. It further provide that such application shall not be entertained from or on behalf of a pupil, who has left the school, as the same amounts not only to a change in the entries in the General Register but also to a change in the School Leaving Certificate. It has been further prescribed that, however, for the purposes like an admission to another educational institution the School Leaving certificate is relied upon as an evidence for name, surname, caste, date of birth etc., and in bonafide cases where wrong spelling of a word or an obvious mistake of the type mentioned in sub-rule 3 above is noticed any time after issue of the School Leaving Certificate and the same is required to be corrected so as to be consistent with the corresponding entries in the General Register of the school or those in the School Leaving Certificate issued by the previous school, such applications shall be entertained. The procedure to be followed in such cases is laid down in Appendix Six.',
	(int) 4 => '<p> 4. Rule 26.4 of the Secondary Schools Code, 2006 has been interpreted by the Division Bench of this Court in the matter of Shaikh Shafi Ahmed Khadarsab vs. The State of Maharashtra and others in Writ Petition No. 1138 of 2009 decided on 13<sup>th</sup> March, 2012. In paragraph-11 of the judgment cited supra, the Division Bench of this Court has observed thus:',
	(int) 5 => '<p> "11. For all these reasons, we hold that the instructions contained in para 26.4 of the S.S.Code that an application for change of an entry in the General Register of a school shall be entertained only on behalf of the pupil who is attending the school meaning thereby that it shall not be entertained on behalf of the pupil who has left the school, are directory and not mandatory. In our view, such an application can be entertained even after the pupil has left the school, provided the application is bona-fide and the pupil is able to satisfy that the original entry in the General Register of the school is erroneous. The application can be rejected if the entry is not shown to be erroneous and wrong. It, however, cannot be rejected without it being considered on merits, only on the technical ground that the application has been made after the pupil has left the school."',
	(int) 6 => '<p> 5. Appendix Six of the Secondary Schools Code, 2006 lays down the procedure in respect of making correction and change in names, surnames, caste/sub-caste, date of birth etc., Paragraph Nos.12 to 15 of Appendix Six reads thus:',
	(int) 7 => '<p> "<strong>Change in Caste or Sub-Caste (in respect of B.C. pupils only):</strong>',
	(int) 8 => '<p> (12) For making changes in caste or sub-caste of Backward Class pupils the guardian of the pupil shall make an application in Form No. 3 accompanying these rules.',
	(int) 9 => '<p> (13) Permission may be given to change the entries in the General Register of the school in respect of "caste" or "sub-caste" of Backward Class pupils in the following circumstances.',
	(int) 10 => '<p> (i) due to wrong entries made initially;',
	(int) 11 => '<p> (ii) due to change in religion;',
	(int) 12 => '<p> (iii) if the caste previously treated as non-backward was subsequently declared by Government as Backward or vice-versa.',
	(int) 13 => '<p> (iv) due to adoption;',
	(int) 14 => '<p> (v) due to inter-caste or inter-religion marriage;',
	(int) 15 => '<p> (14) For this purpose, the necessary certificates from the following authorities must accompany the application for change of caste or sub-caste:',
	(int) 16 => '<p> <strong>(a) For Reasons</strong>, (i),(ii) and (iii) above:',
	(int) 17 => '<p> In Greater Bombay (a) The Chief Presidency Magistrate or the Presidency Magistrate authorised by him;',
	(int) 18 => '<p> Or',
	(int) 19 => '<p> (b) Justice of Peace; or (Deleted)',
	(int) 20 => '<p> (c) Social, Welfare Officer, Greater Bombay, Bombay.',
	(int) 21 => '<p> In other areas (d) The District Magistrates or Executive Magistrates authorized by them;',
	(int) 22 => '<p> or',
	(int) 23 => '<p> (e) Honorary Magistrates; or (Deleted)',
	(int) 24 => '<p> (f) The Social Welfare Officer of the district concerned.',
	(int) 25 => '<p> (<strong>b) Due to adoption </strong>:',
	(int) 26 => '<p> The original adoption-deed or a certified copy of that deed or a certificate from stipendiary Magistrate showing the change in name (if any) and the caste or sub-caste changed as a result of adoption should accompany the application for change in caste or sub-caste.',
	(int) 27 => '<p> <strong>(c) Due to inter-caste or inter-religion marriage </strong>:',
	(int) 28 => '<p> A declaration by the parent or guardian attested by two witnesses and the student himself/herself or certified copy of the certificate of registration of marriage should accompany the application for change in caste or sub-caste along with the certificate from the concerned competent authority mentioned in (a) above showing that the caste or sub-caste has changed as a result of the marriage.',
	(int) 29 => '<p> <strong>(d) Due to any other reason </strong>:',
	(int) 30 => '<p> An affidavit made before a stipendiary Magistrate by the parent or guardian should accompany the application for change in caste of sub-caste.',
	(int) 31 => '<p> <strong>N.B</strong>.: The term "Backward Class" means and includes the following categories.',
	(int) 32 => '<table><tbody><tr><td>1<td>Scheduled castes and Schedule Caste converts to Buddhism.<td>As per Scheduled Castes and Scheduled Tribes Lists Modification Order, 1956, as adopted for Maharashtra State.</tr><tr><td>2<td>Scheduled Tribes including those outside specified areas.<td>Vide Part VII-A of the Seventh and Eighth Schedule of the Bombay Reorganisation Act, 1960 and orders issued by Government in this behalf from time to time.</tr><tr><td>3<td>DenotifiedTribes and Nomadic Tribes.<td>As per Government Resolution, Education and Social Welfare Deptt. No. CBC. 1361-M, dated 21<sup>st</sup> November 1961 and Government from time to time.</tr><tr><td>4<td>Other Classes.<td>Backward Castes which have been declared as belonging to the other Backward Classes by Government from time to time.</tr></tbody></table><strong>General</strong>:-<p> (Please also see Annexure 36).',
	(int) 33 => '<p> 15. An appeal against the decision of the Educational Inspector, Greater Bombay or as the case may be, the Education Officer, Zilla Parishad concerned, who has not sanctioned the change shall be submitted to the Deputy Director concerned within 30 days of the receipt of the order."',
	(int) 34 => '<p> 6. On fulfillment of requirements laid down under Appendix Six, the application tendered for effecting change in the entries recorded in school record can be entertained. Respondents were therefore not justified in turning down the application tendered by the petitioner on the ground that the entries recorded in the school record cannot be corrected after pupil has left school. The petition, therefore, deserves to be allowed and Education Officer (Primary), Zilla Parishad, Osmanabad is required to be directed to consider the application tendered by the petitioner to the school authorities and which has been forwarded to the Education Officer (Primary), Zilla Parishad, Osmanabad, in accordance with provisions of Secondary Schools Code, 2006. The orders passed by respondent Nos. 2 and 3 impugned in this petition, are quashed and set aside and the matter is remitted back to the Education Officer (Primary), Zilla Parishad, Osmanabad for reconsideration. The Education Officer (Primary), Zilla Parishad, Osmanabad shall proceed to take decision on the application in accordance with provisions of Secondary Schools Code, 2006 and the observations made in this judgment. The petitioner shall cause appearance before the Education Officer (Primary), Zilla Parishad, Osmanabad on 29th October, 2012 and as such, no separate notice requiring petitioner's appearance before respondent No. 3 shall be essential. Respondent No. 3 shall decide the application, as expeditiously as possible, preferably within eight (8) weeks from date of appearance of petitioner before him. Rule is accordingly made absolute. No order as to costs.',
	(int) 35 => '<p> 7. Pending civil application, if any, does not survive, same stands disposed of.',
	(int) 36 => ''
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In Greater Bombay (a) The Chief Presidency Magistrate or the Presidency Magistrate authorised by him;

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	'title_for_layout' => 'Vilas S O Dattatraya Ransubhe Vs the State of Maharashtra Through the Secretary School Education and Sports Department and Others - Citation 1105404 - Court Judgment | ',
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			'id' => '1105404',
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			'appealno' => 'Writ Petition No.3266 of 2012 ',
			'appellant' => 'Vilas S/O Dattatraya Ransubhe',
			'authreffered' => null,
			'casename' => 'Vilas S/O Dattatraya Ransubhe Vs. the State of Maharashtra, Through the Secretary, School Education and Sports Department and Others',
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			'court' => 'Mumbai Aurangabad',
			'court_type' => 'HC',
			'decidedon' => '2012-10-08',
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			'judge' => 'R.M. BORDE & S.S. SHINDE',
			'judgement' => '<p style="text-align: justify;"><strong>Oral Judgment : [ R.M. Borde, J.]</strong><p style="text-align: justify;"> Rule. Rule made returnable forthwith.</p><p style="text-align: justify;"> With consent of the parties, the petition is taken up for final disposal at admission stage.</p><p style="text-align: justify;"> 2. The petitioner claims to be belonging to Bhavsar Kshetriya caste which is included in Other Backward Class category. The petitioner is serving as Conductor in Maharashtra State Road Transport Corporation. The school record of the petitioner records caste as 'Hindu Maratha'. According to the petitioner, while securing admission in school, his father has erroneously recorded the entry as 'Hindu Maratha'. He further contends that old record pertaining to his father, uncle and other near relatives show that they belong to 'Bhavsar Kehstriya caste'. The petitioner has also been issued caste certificate by the competent authority. The son of the petitioner has also been issued caste certificate by the competent authority certifying that he belongs to 'Bhavsar Kshetriya caste' and his caste claim has been validated by the competent Committee. The petitioner, therefore, tendered application to school where he was studying for onward transmission to the Education Officer (Primary), Zilla Parishad, Osmanabad for issuing directions for affecting necessary corrections. The school authority forwarded the application with favourable recommendation to the Education Officer. The Education Officer (Primary) by his order dated 1st November, 2011 was pleased to reject the application recording that since the petitioner has left the school, the application is not maintainable.</p><p style="text-align: justify;"> 3. The petitioner tendered appeal to the Deputy Director of Education, Latur Division, Latur,which was heard and disposed of by Deputy Director of Education, Latur Division, Latur on 30th January, 2012 and appeal came to be dismissed. The appellate authority has recorded in the order that rule 26.4, Appendix-Six of the Secondary Schools Code-2006 does not permit to make correction in the entries in respect of caste in the school record after pupil has left the school. According to the petitioner, reasons recorded by both the authorities for turning down his claim are erroneous and against the provisions of Secondary Schools Code, 2006. Rule 26.4 of the Secondary Schools Code, 2006 prescribe that application for change or correction of date of birth, name, surname, caste etc., as entered in the General Register shall be entertained from or on behalf of a pupil who is attending a school. It further provide that such application shall not be entertained from or on behalf of a pupil, who has left the school, as the same amounts not only to a change in the entries in the General Register but also to a change in the School Leaving Certificate. It has been further prescribed that, however, for the purposes like an admission to another educational institution the School Leaving certificate is relied upon as an evidence for name, surname, caste, date of birth etc., and in bonafide cases where wrong spelling of a word or an obvious mistake of the type mentioned in sub-rule 3 above is noticed any time after issue of the School Leaving Certificate and the same is required to be corrected so as to be consistent with the corresponding entries in the General Register of the school or those in the School Leaving Certificate issued by the previous school, such applications shall be entertained. The procedure to be followed in such cases is laid down in Appendix Six.</p><p style="text-align: justify;"> 4. Rule 26.4 of the Secondary Schools Code, 2006 has been interpreted by the Division Bench of this Court in the matter of Shaikh Shafi Ahmed Khadarsab vs. The State of Maharashtra and others in Writ Petition No. 1138 of 2009 decided on 13<sup>th</sup> March, 2012. In paragraph-11 of the judgment cited supra, the Division Bench of this Court has observed thus:</p><p style="text-align: justify;"> "11. For all these reasons, we hold that the instructions contained in para 26.4 of the S.S.Code that an application for change of an entry in the General Register of a school shall be entertained only on behalf of the pupil who is attending the school meaning thereby that it shall not be entertained on behalf of the pupil who has left the school, are directory and not mandatory. In our view, such an application can be entertained even after the pupil has left the school, provided the application is bona-fide and the pupil is able to satisfy that the original entry in the General Register of the school is erroneous. The application can be rejected if the entry is not shown to be erroneous and wrong. It, however, cannot be rejected without it being considered on merits, only on the technical ground that the application has been made after the pupil has left the school."</p><p style="text-align: justify;"> 5. Appendix Six of the Secondary Schools Code, 2006 lays down the procedure in respect of making correction and change in names, surnames, caste/sub-caste, date of birth etc., Paragraph Nos.12 to 15 of Appendix Six reads thus:</p><p style="text-align: justify;"> "<strong>Change in Caste or Sub-Caste (in respect of B.C. pupils only):</strong></p><p style="text-align: justify;"> (12) For making changes in caste or sub-caste of Backward Class pupils the guardian of the pupil shall make an application in Form No. 3 accompanying these rules.</p><p style="text-align: justify;"> (13) Permission may be given to change the entries in the General Register of the school in respect of "caste" or "sub-caste" of Backward Class pupils in the following circumstances.</p><p style="text-align: justify;"> (i) due to wrong entries made initially;</p><p style="text-align: justify;"> (ii) due to change in religion;</p><p style="text-align: justify;"> (iii) if the caste previously treated as non-backward was subsequently declared by Government as Backward or vice-versa.</p><p style="text-align: justify;"> (iv) due to adoption;</p><p style="text-align: justify;"> (v) due to inter-caste or inter-religion marriage;</p><p style="text-align: justify;"> (14) For this purpose, the necessary certificates from the following authorities must accompany the application for change of caste or sub-caste:</p><p style="text-align: justify;"> <strong>(a) For Reasons</strong>, (i),(ii) and (iii) above:</p><p style="text-align: justify;"> In Greater Bombay (a) The Chief Presidency Magistrate or the Presidency Magistrate authorised by him;</p><p style="text-align: justify;"> Or</p><p style="text-align: justify;"> (b) Justice of Peace; or (Deleted)</p><p style="text-align: justify;"> (c) Social, Welfare Officer, Greater Bombay, Bombay.</p><p style="text-align: justify;"> In other areas (d) The District Magistrates or Executive Magistrates authorized by them;</p><p style="text-align: justify;"> or</p><p style="text-align: justify;"> (e) Honorary Magistrates; or (Deleted)</p><p style="text-align: justify;"> (f) The Social Welfare Officer of the district concerned.</p><p style="text-align: justify;"> (<strong>b) Due to adoption </strong>:</p><p style="text-align: justify;"> The original adoption-deed or a certified copy of that deed or a certificate from stipendiary Magistrate showing the change in name (if any) and the caste or sub-caste changed as a result of adoption should accompany the application for change in caste or sub-caste.</p><p style="text-align: justify;"> <strong>(c) Due to inter-caste or inter-religion marriage </strong>:</p><p style="text-align: justify;"> A declaration by the parent or guardian attested by two witnesses and the student himself/herself or certified copy of the certificate of registration of marriage should accompany the application for change in caste or sub-caste along with the certificate from the concerned competent authority mentioned in (a) above showing that the caste or sub-caste has changed as a result of the marriage.</p><p style="text-align: justify;"> <strong>(d) Due to any other reason </strong>:</p><p style="text-align: justify;"> An affidavit made before a stipendiary Magistrate by the parent or guardian should accompany the application for change in caste of sub-caste.</p><p style="text-align: justify;"> <strong>N.B</strong>.: The term "Backward Class" means and includes the following categories.</p><table border="1" cellpadding="0" cellspacing="0"><tbody><tr><td style="width: 43px">1<td style="width: 251px">Scheduled castes and Schedule Caste converts to Buddhism.<td style="width: 282px">As per Scheduled Castes and Scheduled Tribes Lists Modification Order, 1956, as adopted for Maharashtra State.</tr><tr><td style="width: 43px">2<td style="width: 251px">Scheduled Tribes including those outside specified areas.<td style="width: 282px">Vide Part VII-A of the Seventh and Eighth Schedule of the Bombay Reorganisation Act, 1960 and orders issued by Government in this behalf from time to time.</tr><tr><td style="width: 43px">3<td style="width: 251px">DenotifiedTribes and Nomadic Tribes.<td style="width: 282px">As per Government Resolution, Education and Social Welfare Deptt. No. CBC. 1361-M, dated 21<sup>st</sup> November 1961 and Government from time to time.</tr><tr><td style="width: 43px">4<td style="width: 251px">Other Classes.<td style="width: 282px">Backward Castes which have been declared as belonging to the other Backward Classes by Government from time to time.</tr></tbody></table><strong>General</strong>:-<p style="text-align: justify;"> (Please also see Annexure 36).</p><p style="text-align: justify;"> 15. An appeal against the decision of the Educational Inspector, Greater Bombay or as the case may be, the Education Officer, Zilla Parishad concerned, who has not sanctioned the change shall be submitted to the Deputy Director concerned within 30 days of the receipt of the order."</p><p style="text-align: justify;"> 6. On fulfillment of requirements laid down under Appendix Six, the application tendered for effecting change in the entries recorded in school record can be entertained. Respondents were therefore not justified in turning down the application tendered by the petitioner on the ground that the entries recorded in the school record cannot be corrected after pupil has left school. The petition, therefore, deserves to be allowed and Education Officer (Primary), Zilla Parishad, Osmanabad is required to be directed to consider the application tendered by the petitioner to the school authorities and which has been forwarded to the Education Officer (Primary), Zilla Parishad, Osmanabad, in accordance with provisions of Secondary Schools Code, 2006. The orders passed by respondent Nos. 2 and 3 impugned in this petition, are quashed and set aside and the matter is remitted back to the Education Officer (Primary), Zilla Parishad, Osmanabad for reconsideration. The Education Officer (Primary), Zilla Parishad, Osmanabad shall proceed to take decision on the application in accordance with provisions of Secondary Schools Code, 2006 and the observations made in this judgment. The petitioner shall cause appearance before the Education Officer (Primary), Zilla Parishad, Osmanabad on 29th October, 2012 and as such, no separate notice requiring petitioner's appearance before respondent No. 3 shall be essential. Respondent No. 3 shall decide the application, as expeditiously as possible, preferably within eight (8) weeks from date of appearance of petitioner before him. Rule is accordingly made absolute. No order as to costs.</p><p style="text-align: justify;"> 7. Pending civil application, if any, does not survive, same stands disposed of.</p>',
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		'appellant' => 'Vilas S/O Dattatraya Ransubhe',
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		'judgement' => '<p><strong>Oral Judgment : [ R.M. Borde, J.]</strong><p> Rule. Rule made returnable forthwith.</p><p> With consent of the parties, the petition is taken up for final disposal at admission stage.</p><p> 2. The petitioner claims to be belonging to Bhavsar Kshetriya caste which is included in Other Backward Class category. The petitioner is serving as Conductor in Maharashtra State Road Transport Corporation. The school record of the petitioner records caste as 'Hindu Maratha'. According to the petitioner, while securing admission in school, his father has erroneously recorded the entry as 'Hindu Maratha'. He further contends that old record pertaining to his father, uncle and other near relatives show that they belong to 'Bhavsar Kehstriya caste'. The petitioner has also been issued caste certificate by the competent authority. The son of the petitioner has also been issued caste certificate by the competent authority certifying that he belongs to 'Bhavsar Kshetriya caste' and his caste claim has been validated by the competent Committee. The petitioner, therefore, tendered application to school where he was studying for onward transmission to the Education Officer (Primary), Zilla Parishad, Osmanabad for issuing directions for affecting necessary corrections. The school authority forwarded the application with favourable recommendation to the Education Officer. The Education Officer (Primary) by his order dated 1st November, 2011 was pleased to reject the application recording that since the petitioner has left the school, the application is not maintainable.</p><p> 3. The petitioner tendered appeal to the Deputy Director of Education, Latur Division, Latur,which was heard and disposed of by Deputy Director of Education, Latur Division, Latur on 30th January, 2012 and appeal came to be dismissed. The appellate authority has recorded in the order that rule 26.4, Appendix-Six of the Secondary Schools Code-2006 does not permit to make correction in the entries in respect of caste in the school record after pupil has left the school. According to the petitioner, reasons recorded by both the authorities for turning down his claim are erroneous and against the provisions of Secondary Schools Code, 2006. Rule 26.4 of the Secondary Schools Code, 2006 prescribe that application for change or correction of date of birth, name, surname, caste etc., as entered in the General Register shall be entertained from or on behalf of a pupil who is attending a school. It further provide that such application shall not be entertained from or on behalf of a pupil, who has left the school, as the same amounts not only to a change in the entries in the General Register but also to a change in the School Leaving Certificate. It has been further prescribed that, however, for the purposes like an admission to another educational institution the School Leaving certificate is relied upon as an evidence for name, surname, caste, date of birth etc., and in bonafide cases where wrong spelling of a word or an obvious mistake of the type mentioned in sub-rule 3 above is noticed any time after issue of the School Leaving Certificate and the same is required to be corrected so as to be consistent with the corresponding entries in the General Register of the school or those in the School Leaving Certificate issued by the previous school, such applications shall be entertained. The procedure to be followed in such cases is laid down in Appendix Six.</p><p> 4. Rule 26.4 of the Secondary Schools Code, 2006 has been interpreted by the Division Bench of this Court in the matter of Shaikh Shafi Ahmed Khadarsab vs. The State of Maharashtra and others in Writ Petition No. 1138 of 2009 decided on 13<sup>th</sup> March, 2012. In paragraph-11 of the judgment cited supra, the Division Bench of this Court has observed thus:</p><p> "11. For all these reasons, we hold that the instructions contained in para 26.4 of the S.S.Code that an application for change of an entry in the General Register of a school shall be entertained only on behalf of the pupil who is attending the school meaning thereby that it shall not be entertained on behalf of the pupil who has left the school, are directory and not mandatory. In our view, such an application can be entertained even after the pupil has left the school, provided the application is bona-fide and the pupil is able to satisfy that the original entry in the General Register of the school is erroneous. The application can be rejected if the entry is not shown to be erroneous and wrong. It, however, cannot be rejected without it being considered on merits, only on the technical ground that the application has been made after the pupil has left the school."</p><p> 5. Appendix Six of the Secondary Schools Code, 2006 lays down the procedure in respect of making correction and change in names, surnames, caste/sub-caste, date of birth etc., Paragraph Nos.12 to 15 of Appendix Six reads thus:</p><p> "<strong>Change in Caste or Sub-Caste (in respect of B.C. pupils only):</strong></p><p> (12) For making changes in caste or sub-caste of Backward Class pupils the guardian of the pupil shall make an application in Form No. 3 accompanying these rules.</p><p> (13) Permission may be given to change the entries in the General Register of the school in respect of "caste" or "sub-caste" of Backward Class pupils in the following circumstances.</p><p> (i) due to wrong entries made initially;</p><p> (ii) due to change in religion;</p><p> (iii) if the caste previously treated as non-backward was subsequently declared by Government as Backward or vice-versa.</p><p> (iv) due to adoption;</p><p> (v) due to inter-caste or inter-religion marriage;</p><p> (14) For this purpose, the necessary certificates from the following authorities must accompany the application for change of caste or sub-caste:</p><p> <strong>(a) For Reasons</strong>, (i),(ii) and (iii) above:</p><p> In Greater Bombay (a) The Chief Presidency Magistrate or the Presidency Magistrate authorised by him;</p><p> Or</p><p> (b) Justice of Peace; or (Deleted)</p><p> (c) Social, Welfare Officer, Greater Bombay, Bombay.</p><p> In other areas (d) The District Magistrates or Executive Magistrates authorized by them;</p><p> or</p><p> (e) Honorary Magistrates; or (Deleted)</p><p> (f) The Social Welfare Officer of the district concerned.</p><p> (<strong>b) Due to adoption </strong>:</p><p> The original adoption-deed or a certified copy of that deed or a certificate from stipendiary Magistrate showing the change in name (if any) and the caste or sub-caste changed as a result of adoption should accompany the application for change in caste or sub-caste.</p><p> <strong>(c) Due to inter-caste or inter-religion marriage </strong>:</p><p> A declaration by the parent or guardian attested by two witnesses and the student himself/herself or certified copy of the certificate of registration of marriage should accompany the application for change in caste or sub-caste along with the certificate from the concerned competent authority mentioned in (a) above showing that the caste or sub-caste has changed as a result of the marriage.</p><p> <strong>(d) Due to any other reason </strong>:</p><p> An affidavit made before a stipendiary Magistrate by the parent or guardian should accompany the application for change in caste of sub-caste.</p><p> <strong>N.B</strong>.: The term "Backward Class" means and includes the following categories.</p><table><tbody><tr><td>1<td>Scheduled castes and Schedule Caste converts to Buddhism.<td>As per Scheduled Castes and Scheduled Tribes Lists Modification Order, 1956, as adopted for Maharashtra State.</tr><tr><td>2<td>Scheduled Tribes including those outside specified areas.<td>Vide Part VII-A of the Seventh and Eighth Schedule of the Bombay Reorganisation Act, 1960 and orders issued by Government in this behalf from time to time.</tr><tr><td>3<td>DenotifiedTribes and Nomadic Tribes.<td>As per Government Resolution, Education and Social Welfare Deptt. No. CBC. 1361-M, dated 21<sup>st</sup> November 1961 and Government from time to time.</tr><tr><td>4<td>Other Classes.<td>Backward Castes which have been declared as belonging to the other Backward Classes by Government from time to time.</tr></tbody></table><strong>General</strong>:-<p> (Please also see Annexure 36).</p><p> 15. An appeal against the decision of the Educational Inspector, Greater Bombay or as the case may be, the Education Officer, Zilla Parishad concerned, who has not sanctioned the change shall be submitted to the Deputy Director concerned within 30 days of the receipt of the order."</p><p> 6. On fulfillment of requirements laid down under Appendix Six, the application tendered for effecting change in the entries recorded in school record can be entertained. Respondents were therefore not justified in turning down the application tendered by the petitioner on the ground that the entries recorded in the school record cannot be corrected after pupil has left school. The petition, therefore, deserves to be allowed and Education Officer (Primary), Zilla Parishad, Osmanabad is required to be directed to consider the application tendered by the petitioner to the school authorities and which has been forwarded to the Education Officer (Primary), Zilla Parishad, Osmanabad, in accordance with provisions of Secondary Schools Code, 2006. The orders passed by respondent Nos. 2 and 3 impugned in this petition, are quashed and set aside and the matter is remitted back to the Education Officer (Primary), Zilla Parishad, Osmanabad for reconsideration. The Education Officer (Primary), Zilla Parishad, Osmanabad shall proceed to take decision on the application in accordance with provisions of Secondary Schools Code, 2006 and the observations made in this judgment. The petitioner shall cause appearance before the Education Officer (Primary), Zilla Parishad, Osmanabad on 29th October, 2012 and as such, no separate notice requiring petitioner's appearance before respondent No. 3 shall be essential. Respondent No. 3 shall decide the application, as expeditiously as possible, preferably within eight (8) weeks from date of appearance of petitioner before him. Rule is accordingly made absolute. No order as to costs.</p><p> 7. Pending civil application, if any, does not survive, same stands disposed of.</p>',
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	(int) 0 => '<p><strong>Oral Judgment : [ R.M. Borde, J.]</strong><p> Rule. Rule made returnable forthwith.',
	(int) 1 => '<p> With consent of the parties, the petition is taken up for final disposal at admission stage.',
	(int) 2 => '<p> 2. The petitioner claims to be belonging to Bhavsar Kshetriya caste which is included in Other Backward Class category. The petitioner is serving as Conductor in Maharashtra State Road Transport Corporation. The school record of the petitioner records caste as 'Hindu Maratha'. According to the petitioner, while securing admission in school, his father has erroneously recorded the entry as 'Hindu Maratha'. He further contends that old record pertaining to his father, uncle and other near relatives show that they belong to 'Bhavsar Kehstriya caste'. The petitioner has also been issued caste certificate by the competent authority. The son of the petitioner has also been issued caste certificate by the competent authority certifying that he belongs to 'Bhavsar Kshetriya caste' and his caste claim has been validated by the competent Committee. The petitioner, therefore, tendered application to school where he was studying for onward transmission to the Education Officer (Primary), Zilla Parishad, Osmanabad for issuing directions for affecting necessary corrections. The school authority forwarded the application with favourable recommendation to the Education Officer. The Education Officer (Primary) by his order dated 1st November, 2011 was pleased to reject the application recording that since the petitioner has left the school, the application is not maintainable.',
	(int) 3 => '<p> 3. The petitioner tendered appeal to the Deputy Director of Education, Latur Division, Latur,which was heard and disposed of by Deputy Director of Education, Latur Division, Latur on 30th January, 2012 and appeal came to be dismissed. The appellate authority has recorded in the order that rule 26.4, Appendix-Six of the Secondary Schools Code-2006 does not permit to make correction in the entries in respect of caste in the school record after pupil has left the school. According to the petitioner, reasons recorded by both the authorities for turning down his claim are erroneous and against the provisions of Secondary Schools Code, 2006. Rule 26.4 of the Secondary Schools Code, 2006 prescribe that application for change or correction of date of birth, name, surname, caste etc., as entered in the General Register shall be entertained from or on behalf of a pupil who is attending a school. It further provide that such application shall not be entertained from or on behalf of a pupil, who has left the school, as the same amounts not only to a change in the entries in the General Register but also to a change in the School Leaving Certificate. It has been further prescribed that, however, for the purposes like an admission to another educational institution the School Leaving certificate is relied upon as an evidence for name, surname, caste, date of birth etc., and in bonafide cases where wrong spelling of a word or an obvious mistake of the type mentioned in sub-rule 3 above is noticed any time after issue of the School Leaving Certificate and the same is required to be corrected so as to be consistent with the corresponding entries in the General Register of the school or those in the School Leaving Certificate issued by the previous school, such applications shall be entertained. The procedure to be followed in such cases is laid down in Appendix Six.',
	(int) 4 => '<p> 4. Rule 26.4 of the Secondary Schools Code, 2006 has been interpreted by the Division Bench of this Court in the matter of Shaikh Shafi Ahmed Khadarsab vs. The State of Maharashtra and others in Writ Petition No. 1138 of 2009 decided on 13<sup>th</sup> March, 2012. In paragraph-11 of the judgment cited supra, the Division Bench of this Court has observed thus:',
	(int) 5 => '<p> "11. For all these reasons, we hold that the instructions contained in para 26.4 of the S.S.Code that an application for change of an entry in the General Register of a school shall be entertained only on behalf of the pupil who is attending the school meaning thereby that it shall not be entertained on behalf of the pupil who has left the school, are directory and not mandatory. In our view, such an application can be entertained even after the pupil has left the school, provided the application is bona-fide and the pupil is able to satisfy that the original entry in the General Register of the school is erroneous. The application can be rejected if the entry is not shown to be erroneous and wrong. It, however, cannot be rejected without it being considered on merits, only on the technical ground that the application has been made after the pupil has left the school."',
	(int) 6 => '<p> 5. Appendix Six of the Secondary Schools Code, 2006 lays down the procedure in respect of making correction and change in names, surnames, caste/sub-caste, date of birth etc., Paragraph Nos.12 to 15 of Appendix Six reads thus:',
	(int) 7 => '<p> "<strong>Change in Caste or Sub-Caste (in respect of B.C. pupils only):</strong>',
	(int) 8 => '<p> (12) For making changes in caste or sub-caste of Backward Class pupils the guardian of the pupil shall make an application in Form No. 3 accompanying these rules.',
	(int) 9 => '<p> (13) Permission may be given to change the entries in the General Register of the school in respect of "caste" or "sub-caste" of Backward Class pupils in the following circumstances.',
	(int) 10 => '<p> (i) due to wrong entries made initially;',
	(int) 11 => '<p> (ii) due to change in religion;',
	(int) 12 => '<p> (iii) if the caste previously treated as non-backward was subsequently declared by Government as Backward or vice-versa.',
	(int) 13 => '<p> (iv) due to adoption;',
	(int) 14 => '<p> (v) due to inter-caste or inter-religion marriage;',
	(int) 15 => '<p> (14) For this purpose, the necessary certificates from the following authorities must accompany the application for change of caste or sub-caste:',
	(int) 16 => '<p> <strong>(a) For Reasons</strong>, (i),(ii) and (iii) above:',
	(int) 17 => '<p> In Greater Bombay (a) The Chief Presidency Magistrate or the Presidency Magistrate authorised by him;',
	(int) 18 => '<p> Or',
	(int) 19 => '<p> (b) Justice of Peace; or (Deleted)',
	(int) 20 => '<p> (c) Social, Welfare Officer, Greater Bombay, Bombay.',
	(int) 21 => '<p> In other areas (d) The District Magistrates or Executive Magistrates authorized by them;',
	(int) 22 => '<p> or',
	(int) 23 => '<p> (e) Honorary Magistrates; or (Deleted)',
	(int) 24 => '<p> (f) The Social Welfare Officer of the district concerned.',
	(int) 25 => '<p> (<strong>b) Due to adoption </strong>:',
	(int) 26 => '<p> The original adoption-deed or a certified copy of that deed or a certificate from stipendiary Magistrate showing the change in name (if any) and the caste or sub-caste changed as a result of adoption should accompany the application for change in caste or sub-caste.',
	(int) 27 => '<p> <strong>(c) Due to inter-caste or inter-religion marriage </strong>:',
	(int) 28 => '<p> A declaration by the parent or guardian attested by two witnesses and the student himself/herself or certified copy of the certificate of registration of marriage should accompany the application for change in caste or sub-caste along with the certificate from the concerned competent authority mentioned in (a) above showing that the caste or sub-caste has changed as a result of the marriage.',
	(int) 29 => '<p> <strong>(d) Due to any other reason </strong>:',
	(int) 30 => '<p> An affidavit made before a stipendiary Magistrate by the parent or guardian should accompany the application for change in caste of sub-caste.',
	(int) 31 => '<p> <strong>N.B</strong>.: The term "Backward Class" means and includes the following categories.',
	(int) 32 => '<table><tbody><tr><td>1<td>Scheduled castes and Schedule Caste converts to Buddhism.<td>As per Scheduled Castes and Scheduled Tribes Lists Modification Order, 1956, as adopted for Maharashtra State.</tr><tr><td>2<td>Scheduled Tribes including those outside specified areas.<td>Vide Part VII-A of the Seventh and Eighth Schedule of the Bombay Reorganisation Act, 1960 and orders issued by Government in this behalf from time to time.</tr><tr><td>3<td>DenotifiedTribes and Nomadic Tribes.<td>As per Government Resolution, Education and Social Welfare Deptt. No. CBC. 1361-M, dated 21<sup>st</sup> November 1961 and Government from time to time.</tr><tr><td>4<td>Other Classes.<td>Backward Castes which have been declared as belonging to the other Backward Classes by Government from time to time.</tr></tbody></table><strong>General</strong>:-<p> (Please also see Annexure 36).',
	(int) 33 => '<p> 15. An appeal against the decision of the Educational Inspector, Greater Bombay or as the case may be, the Education Officer, Zilla Parishad concerned, who has not sanctioned the change shall be submitted to the Deputy Director concerned within 30 days of the receipt of the order."',
	(int) 34 => '<p> 6. On fulfillment of requirements laid down under Appendix Six, the application tendered for effecting change in the entries recorded in school record can be entertained. Respondents were therefore not justified in turning down the application tendered by the petitioner on the ground that the entries recorded in the school record cannot be corrected after pupil has left school. The petition, therefore, deserves to be allowed and Education Officer (Primary), Zilla Parishad, Osmanabad is required to be directed to consider the application tendered by the petitioner to the school authorities and which has been forwarded to the Education Officer (Primary), Zilla Parishad, Osmanabad, in accordance with provisions of Secondary Schools Code, 2006. The orders passed by respondent Nos. 2 and 3 impugned in this petition, are quashed and set aside and the matter is remitted back to the Education Officer (Primary), Zilla Parishad, Osmanabad for reconsideration. The Education Officer (Primary), Zilla Parishad, Osmanabad shall proceed to take decision on the application in accordance with provisions of Secondary Schools Code, 2006 and the observations made in this judgment. The petitioner shall cause appearance before the Education Officer (Primary), Zilla Parishad, Osmanabad on 29th October, 2012 and as such, no separate notice requiring petitioner's appearance before respondent No. 3 shall be essential. Respondent No. 3 shall decide the application, as expeditiously as possible, preferably within eight (8) weeks from date of appearance of petitioner before him. Rule is accordingly made absolute. No order as to costs.',
	(int) 35 => '<p> 7. Pending civil application, if any, does not survive, same stands disposed of.',
	(int) 36 => ''
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			'judgement' => '<p style="text-align: justify;"><strong>Oral Judgment : [ R.M. Borde, J.]</strong><p style="text-align: justify;"> Rule. Rule made returnable forthwith.</p><p style="text-align: justify;"> With consent of the parties, the petition is taken up for final disposal at admission stage.</p><p style="text-align: justify;"> 2. The petitioner claims to be belonging to Bhavsar Kshetriya caste which is included in Other Backward Class category. The petitioner is serving as Conductor in Maharashtra State Road Transport Corporation. The school record of the petitioner records caste as 'Hindu Maratha'. According to the petitioner, while securing admission in school, his father has erroneously recorded the entry as 'Hindu Maratha'. He further contends that old record pertaining to his father, uncle and other near relatives show that they belong to 'Bhavsar Kehstriya caste'. The petitioner has also been issued caste certificate by the competent authority. The son of the petitioner has also been issued caste certificate by the competent authority certifying that he belongs to 'Bhavsar Kshetriya caste' and his caste claim has been validated by the competent Committee. The petitioner, therefore, tendered application to school where he was studying for onward transmission to the Education Officer (Primary), Zilla Parishad, Osmanabad for issuing directions for affecting necessary corrections. The school authority forwarded the application with favourable recommendation to the Education Officer. The Education Officer (Primary) by his order dated 1st November, 2011 was pleased to reject the application recording that since the petitioner has left the school, the application is not maintainable.</p><p style="text-align: justify;"> 3. The petitioner tendered appeal to the Deputy Director of Education, Latur Division, Latur,which was heard and disposed of by Deputy Director of Education, Latur Division, Latur on 30th January, 2012 and appeal came to be dismissed. The appellate authority has recorded in the order that rule 26.4, Appendix-Six of the Secondary Schools Code-2006 does not permit to make correction in the entries in respect of caste in the school record after pupil has left the school. According to the petitioner, reasons recorded by both the authorities for turning down his claim are erroneous and against the provisions of Secondary Schools Code, 2006. Rule 26.4 of the Secondary Schools Code, 2006 prescribe that application for change or correction of date of birth, name, surname, caste etc., as entered in the General Register shall be entertained from or on behalf of a pupil who is attending a school. It further provide that such application shall not be entertained from or on behalf of a pupil, who has left the school, as the same amounts not only to a change in the entries in the General Register but also to a change in the School Leaving Certificate. It has been further prescribed that, however, for the purposes like an admission to another educational institution the School Leaving certificate is relied upon as an evidence for name, surname, caste, date of birth etc., and in bonafide cases where wrong spelling of a word or an obvious mistake of the type mentioned in sub-rule 3 above is noticed any time after issue of the School Leaving Certificate and the same is required to be corrected so as to be consistent with the corresponding entries in the General Register of the school or those in the School Leaving Certificate issued by the previous school, such applications shall be entertained. The procedure to be followed in such cases is laid down in Appendix Six.</p><p style="text-align: justify;"> 4. Rule 26.4 of the Secondary Schools Code, 2006 has been interpreted by the Division Bench of this Court in the matter of Shaikh Shafi Ahmed Khadarsab vs. The State of Maharashtra and others in Writ Petition No. 1138 of 2009 decided on 13<sup>th</sup> March, 2012. In paragraph-11 of the judgment cited supra, the Division Bench of this Court has observed thus:</p><p style="text-align: justify;"> "11. For all these reasons, we hold that the instructions contained in para 26.4 of the S.S.Code that an application for change of an entry in the General Register of a school shall be entertained only on behalf of the pupil who is attending the school meaning thereby that it shall not be entertained on behalf of the pupil who has left the school, are directory and not mandatory. In our view, such an application can be entertained even after the pupil has left the school, provided the application is bona-fide and the pupil is able to satisfy that the original entry in the General Register of the school is erroneous. The application can be rejected if the entry is not shown to be erroneous and wrong. It, however, cannot be rejected without it being considered on merits, only on the technical ground that the application has been made after the pupil has left the school."</p><p style="text-align: justify;"> 5. Appendix Six of the Secondary Schools Code, 2006 lays down the procedure in respect of making correction and change in names, surnames, caste/sub-caste, date of birth etc., Paragraph Nos.12 to 15 of Appendix Six reads thus:</p><p style="text-align: justify;"> "<strong>Change in Caste or Sub-Caste (in respect of B.C. pupils only):</strong></p><p style="text-align: justify;"> (12) For making changes in caste or sub-caste of Backward Class pupils the guardian of the pupil shall make an application in Form No. 3 accompanying these rules.</p><p style="text-align: justify;"> (13) Permission may be given to change the entries in the General Register of the school in respect of "caste" or "sub-caste" of Backward Class pupils in the following circumstances.</p><p style="text-align: justify;"> (i) due to wrong entries made initially;</p><p style="text-align: justify;"> (ii) due to change in religion;</p><p style="text-align: justify;"> (iii) if the caste previously treated as non-backward was subsequently declared by Government as Backward or vice-versa.</p><p style="text-align: justify;"> (iv) due to adoption;</p><p style="text-align: justify;"> (v) due to inter-caste or inter-religion marriage;</p><p style="text-align: justify;"> (14) For this purpose, the necessary certificates from the following authorities must accompany the application for change of caste or sub-caste:</p><p style="text-align: justify;"> <strong>(a) For Reasons</strong>, (i),(ii) and (iii) above:</p><p style="text-align: justify;"> In Greater Bombay (a) The Chief Presidency Magistrate or the Presidency Magistrate authorised by him;</p><p style="text-align: justify;"> Or</p><p style="text-align: justify;"> (b) Justice of Peace; or (Deleted)</p><p style="text-align: justify;"> (c) Social, Welfare Officer, Greater Bombay, Bombay.</p><p style="text-align: justify;"> In other areas (d) The District Magistrates or Executive Magistrates authorized by them;</p><p style="text-align: justify;"> or</p><p style="text-align: justify;"> (e) Honorary Magistrates; or (Deleted)</p><p style="text-align: justify;"> (f) The Social Welfare Officer of the district concerned.</p><p style="text-align: justify;"> (<strong>b) Due to adoption </strong>:</p><p style="text-align: justify;"> The original adoption-deed or a certified copy of that deed or a certificate from stipendiary Magistrate showing the change in name (if any) and the caste or sub-caste changed as a result of adoption should accompany the application for change in caste or sub-caste.</p><p style="text-align: justify;"> <strong>(c) Due to inter-caste or inter-religion marriage </strong>:</p><p style="text-align: justify;"> A declaration by the parent or guardian attested by two witnesses and the student himself/herself or certified copy of the certificate of registration of marriage should accompany the application for change in caste or sub-caste along with the certificate from the concerned competent authority mentioned in (a) above showing that the caste or sub-caste has changed as a result of the marriage.</p><p style="text-align: justify;"> <strong>(d) Due to any other reason </strong>:</p><p style="text-align: justify;"> An affidavit made before a stipendiary Magistrate by the parent or guardian should accompany the application for change in caste of sub-caste.</p><p style="text-align: justify;"> <strong>N.B</strong>.: The term "Backward Class" means and includes the following categories.</p><table border="1" cellpadding="0" cellspacing="0"><tbody><tr><td style="width: 43px">1<td style="width: 251px">Scheduled castes and Schedule Caste converts to Buddhism.<td style="width: 282px">As per Scheduled Castes and Scheduled Tribes Lists Modification Order, 1956, as adopted for Maharashtra State.</tr><tr><td style="width: 43px">2<td style="width: 251px">Scheduled Tribes including those outside specified areas.<td style="width: 282px">Vide Part VII-A of the Seventh and Eighth Schedule of the Bombay Reorganisation Act, 1960 and orders issued by Government in this behalf from time to time.</tr><tr><td style="width: 43px">3<td style="width: 251px">DenotifiedTribes and Nomadic Tribes.<td style="width: 282px">As per Government Resolution, Education and Social Welfare Deptt. No. CBC. 1361-M, dated 21<sup>st</sup> November 1961 and Government from time to time.</tr><tr><td style="width: 43px">4<td style="width: 251px">Other Classes.<td style="width: 282px">Backward Castes which have been declared as belonging to the other Backward Classes by Government from time to time.</tr></tbody></table><strong>General</strong>:-<p style="text-align: justify;"> (Please also see Annexure 36).</p><p style="text-align: justify;"> 15. An appeal against the decision of the Educational Inspector, Greater Bombay or as the case may be, the Education Officer, Zilla Parishad concerned, who has not sanctioned the change shall be submitted to the Deputy Director concerned within 30 days of the receipt of the order."</p><p style="text-align: justify;"> 6. On fulfillment of requirements laid down under Appendix Six, the application tendered for effecting change in the entries recorded in school record can be entertained. Respondents were therefore not justified in turning down the application tendered by the petitioner on the ground that the entries recorded in the school record cannot be corrected after pupil has left school. The petition, therefore, deserves to be allowed and Education Officer (Primary), Zilla Parishad, Osmanabad is required to be directed to consider the application tendered by the petitioner to the school authorities and which has been forwarded to the Education Officer (Primary), Zilla Parishad, Osmanabad, in accordance with provisions of Secondary Schools Code, 2006. The orders passed by respondent Nos. 2 and 3 impugned in this petition, are quashed and set aside and the matter is remitted back to the Education Officer (Primary), Zilla Parishad, Osmanabad for reconsideration. The Education Officer (Primary), Zilla Parishad, Osmanabad shall proceed to take decision on the application in accordance with provisions of Secondary Schools Code, 2006 and the observations made in this judgment. The petitioner shall cause appearance before the Education Officer (Primary), Zilla Parishad, Osmanabad on 29th October, 2012 and as such, no separate notice requiring petitioner's appearance before respondent No. 3 shall be essential. Respondent No. 3 shall decide the application, as expeditiously as possible, preferably within eight (8) weeks from date of appearance of petitioner before him. Rule is accordingly made absolute. No order as to costs.</p><p style="text-align: justify;"> 7. Pending civil application, if any, does not survive, same stands disposed of.</p>',
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		'appealno' => 'Writ Petition No.3266 of 2012 ',
		'appellant' => 'Vilas S/O Dattatraya Ransubhe',
		'authreffered' => null,
		'casename' => 'Vilas S/O Dattatraya Ransubhe Vs. the State of Maharashtra, Through the Secretary, School Education and Sports Department and Others',
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		'court' => 'Mumbai Aurangabad',
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		'decidedon' => '2012-10-08',
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		'judge' => 'R.M. BORDE &amp; S.S. SHINDE',
		'judgement' => '<p><strong>Oral Judgment : [ R.M. Borde, J.]</strong><p> Rule. Rule made returnable forthwith.</p><p> With consent of the parties, the petition is taken up for final disposal at admission stage.</p><p> 2. The petitioner claims to be belonging to Bhavsar Kshetriya caste which is included in Other Backward Class category. The petitioner is serving as Conductor in Maharashtra State Road Transport Corporation. The school record of the petitioner records caste as 'Hindu Maratha'. According to the petitioner, while securing admission in school, his father has erroneously recorded the entry as 'Hindu Maratha'. He further contends that old record pertaining to his father, uncle and other near relatives show that they belong to 'Bhavsar Kehstriya caste'. The petitioner has also been issued caste certificate by the competent authority. The son of the petitioner has also been issued caste certificate by the competent authority certifying that he belongs to 'Bhavsar Kshetriya caste' and his caste claim has been validated by the competent Committee. The petitioner, therefore, tendered application to school where he was studying for onward transmission to the Education Officer (Primary), Zilla Parishad, Osmanabad for issuing directions for affecting necessary corrections. The school authority forwarded the application with favourable recommendation to the Education Officer. The Education Officer (Primary) by his order dated 1st November, 2011 was pleased to reject the application recording that since the petitioner has left the school, the application is not maintainable.</p><p> 3. The petitioner tendered appeal to the Deputy Director of Education, Latur Division, Latur,which was heard and disposed of by Deputy Director of Education, Latur Division, Latur on 30th January, 2012 and appeal came to be dismissed. The appellate authority has recorded in the order that rule 26.4, Appendix-Six of the Secondary Schools Code-2006 does not permit to make correction in the entries in respect of caste in the school record after pupil has left the school. According to the petitioner, reasons recorded by both the authorities for turning down his claim are erroneous and against the provisions of Secondary Schools Code, 2006. Rule 26.4 of the Secondary Schools Code, 2006 prescribe that application for change or correction of date of birth, name, surname, caste etc., as entered in the General Register shall be entertained from or on behalf of a pupil who is attending a school. It further provide that such application shall not be entertained from or on behalf of a pupil, who has left the school, as the same amounts not only to a change in the entries in the General Register but also to a change in the School Leaving Certificate. It has been further prescribed that, however, for the purposes like an admission to another educational institution the School Leaving certificate is relied upon as an evidence for name, surname, caste, date of birth etc., and in bonafide cases where wrong spelling of a word or an obvious mistake of the type mentioned in sub-rule 3 above is noticed any time after issue of the School Leaving Certificate and the same is required to be corrected so as to be consistent with the corresponding entries in the General Register of the school or those in the School Leaving Certificate issued by the previous school, such applications shall be entertained. The procedure to be followed in such cases is laid down in Appendix Six.</p><p> 4. Rule 26.4 of the Secondary Schools Code, 2006 has been interpreted by the Division Bench of this Court in the matter of Shaikh Shafi Ahmed Khadarsab vs. The State of Maharashtra and others in Writ Petition No. 1138 of 2009 decided on 13<sup>th</sup> March, 2012. In paragraph-11 of the judgment cited supra, the Division Bench of this Court has observed thus:</p><p> "11. For all these reasons, we hold that the instructions contained in para 26.4 of the S.S.Code that an application for change of an entry in the General Register of a school shall be entertained only on behalf of the pupil who is attending the school meaning thereby that it shall not be entertained on behalf of the pupil who has left the school, are directory and not mandatory. In our view, such an application can be entertained even after the pupil has left the school, provided the application is bona-fide and the pupil is able to satisfy that the original entry in the General Register of the school is erroneous. The application can be rejected if the entry is not shown to be erroneous and wrong. It, however, cannot be rejected without it being considered on merits, only on the technical ground that the application has been made after the pupil has left the school."</p><p> 5. Appendix Six of the Secondary Schools Code, 2006 lays down the procedure in respect of making correction and change in names, surnames, caste/sub-caste, date of birth etc., Paragraph Nos.12 to 15 of Appendix Six reads thus:</p><p> "<strong>Change in Caste or Sub-Caste (in respect of B.C. pupils only):</strong></p><p> (12) For making changes in caste or sub-caste of Backward Class pupils the guardian of the pupil shall make an application in Form No. 3 accompanying these rules.</p><p> (13) Permission may be given to change the entries in the General Register of the school in respect of "caste" or "sub-caste" of Backward Class pupils in the following circumstances.</p><p> (i) due to wrong entries made initially;</p><p> (ii) due to change in religion;</p><p> (iii) if the caste previously treated as non-backward was subsequently declared by Government as Backward or vice-versa.</p><p> (iv) due to adoption;</p><p> (v) due to inter-caste or inter-religion marriage;</p><p> (14) For this purpose, the necessary certificates from the following authorities must accompany the application for change of caste or sub-caste:</p><p> <strong>(a) For Reasons</strong>, (i),(ii) and (iii) above:</p><p> In Greater Bombay (a) The Chief Presidency Magistrate or the Presidency Magistrate authorised by him;</p><p> Or</p><p> (b) Justice of Peace; or (Deleted)</p><p> (c) Social, Welfare Officer, Greater Bombay, Bombay.</p><p> In other areas (d) The District Magistrates or Executive Magistrates authorized by them;</p><p> or</p><p> (e) Honorary Magistrates; or (Deleted)</p><p> (f) The Social Welfare Officer of the district concerned.</p><p> (<strong>b) Due to adoption </strong>:</p><p> The original adoption-deed or a certified copy of that deed or a certificate from stipendiary Magistrate showing the change in name (if any) and the caste or sub-caste changed as a result of adoption should accompany the application for change in caste or sub-caste.</p><p> <strong>(c) Due to inter-caste or inter-religion marriage </strong>:</p><p> A declaration by the parent or guardian attested by two witnesses and the student himself/herself or certified copy of the certificate of registration of marriage should accompany the application for change in caste or sub-caste along with the certificate from the concerned competent authority mentioned in (a) above showing that the caste or sub-caste has changed as a result of the marriage.</p><p> <strong>(d) Due to any other reason </strong>:</p><p> An affidavit made before a stipendiary Magistrate by the parent or guardian should accompany the application for change in caste of sub-caste.</p><p> <strong>N.B</strong>.: The term "Backward Class" means and includes the following categories.</p><table><tbody><tr><td>1<td>Scheduled castes and Schedule Caste converts to Buddhism.<td>As per Scheduled Castes and Scheduled Tribes Lists Modification Order, 1956, as adopted for Maharashtra State.</tr><tr><td>2<td>Scheduled Tribes including those outside specified areas.<td>Vide Part VII-A of the Seventh and Eighth Schedule of the Bombay Reorganisation Act, 1960 and orders issued by Government in this behalf from time to time.</tr><tr><td>3<td>DenotifiedTribes and Nomadic Tribes.<td>As per Government Resolution, Education and Social Welfare Deptt. No. CBC. 1361-M, dated 21<sup>st</sup> November 1961 and Government from time to time.</tr><tr><td>4<td>Other Classes.<td>Backward Castes which have been declared as belonging to the other Backward Classes by Government from time to time.</tr></tbody></table><strong>General</strong>:-<p> (Please also see Annexure 36).</p><p> 15. An appeal against the decision of the Educational Inspector, Greater Bombay or as the case may be, the Education Officer, Zilla Parishad concerned, who has not sanctioned the change shall be submitted to the Deputy Director concerned within 30 days of the receipt of the order."</p><p> 6. On fulfillment of requirements laid down under Appendix Six, the application tendered for effecting change in the entries recorded in school record can be entertained. Respondents were therefore not justified in turning down the application tendered by the petitioner on the ground that the entries recorded in the school record cannot be corrected after pupil has left school. The petition, therefore, deserves to be allowed and Education Officer (Primary), Zilla Parishad, Osmanabad is required to be directed to consider the application tendered by the petitioner to the school authorities and which has been forwarded to the Education Officer (Primary), Zilla Parishad, Osmanabad, in accordance with provisions of Secondary Schools Code, 2006. The orders passed by respondent Nos. 2 and 3 impugned in this petition, are quashed and set aside and the matter is remitted back to the Education Officer (Primary), Zilla Parishad, Osmanabad for reconsideration. The Education Officer (Primary), Zilla Parishad, Osmanabad shall proceed to take decision on the application in accordance with provisions of Secondary Schools Code, 2006 and the observations made in this judgment. The petitioner shall cause appearance before the Education Officer (Primary), Zilla Parishad, Osmanabad on 29th October, 2012 and as such, no separate notice requiring petitioner's appearance before respondent No. 3 shall be essential. Respondent No. 3 shall decide the application, as expeditiously as possible, preferably within eight (8) weeks from date of appearance of petitioner before him. Rule is accordingly made absolute. No order as to costs.</p><p> 7. Pending civil application, if any, does not survive, same stands disposed of.</p>',
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	(int) 0 => '<p><strong>Oral Judgment : [ R.M. Borde, J.]</strong><p> Rule. Rule made returnable forthwith.',
	(int) 1 => '<p> With consent of the parties, the petition is taken up for final disposal at admission stage.',
	(int) 2 => '<p> 2. The petitioner claims to be belonging to Bhavsar Kshetriya caste which is included in Other Backward Class category. The petitioner is serving as Conductor in Maharashtra State Road Transport Corporation. The school record of the petitioner records caste as 'Hindu Maratha'. According to the petitioner, while securing admission in school, his father has erroneously recorded the entry as 'Hindu Maratha'. He further contends that old record pertaining to his father, uncle and other near relatives show that they belong to 'Bhavsar Kehstriya caste'. The petitioner has also been issued caste certificate by the competent authority. The son of the petitioner has also been issued caste certificate by the competent authority certifying that he belongs to 'Bhavsar Kshetriya caste' and his caste claim has been validated by the competent Committee. The petitioner, therefore, tendered application to school where he was studying for onward transmission to the Education Officer (Primary), Zilla Parishad, Osmanabad for issuing directions for affecting necessary corrections. The school authority forwarded the application with favourable recommendation to the Education Officer. The Education Officer (Primary) by his order dated 1st November, 2011 was pleased to reject the application recording that since the petitioner has left the school, the application is not maintainable.',
	(int) 3 => '<p> 3. The petitioner tendered appeal to the Deputy Director of Education, Latur Division, Latur,which was heard and disposed of by Deputy Director of Education, Latur Division, Latur on 30th January, 2012 and appeal came to be dismissed. The appellate authority has recorded in the order that rule 26.4, Appendix-Six of the Secondary Schools Code-2006 does not permit to make correction in the entries in respect of caste in the school record after pupil has left the school. According to the petitioner, reasons recorded by both the authorities for turning down his claim are erroneous and against the provisions of Secondary Schools Code, 2006. Rule 26.4 of the Secondary Schools Code, 2006 prescribe that application for change or correction of date of birth, name, surname, caste etc., as entered in the General Register shall be entertained from or on behalf of a pupil who is attending a school. It further provide that such application shall not be entertained from or on behalf of a pupil, who has left the school, as the same amounts not only to a change in the entries in the General Register but also to a change in the School Leaving Certificate. It has been further prescribed that, however, for the purposes like an admission to another educational institution the School Leaving certificate is relied upon as an evidence for name, surname, caste, date of birth etc., and in bonafide cases where wrong spelling of a word or an obvious mistake of the type mentioned in sub-rule 3 above is noticed any time after issue of the School Leaving Certificate and the same is required to be corrected so as to be consistent with the corresponding entries in the General Register of the school or those in the School Leaving Certificate issued by the previous school, such applications shall be entertained. The procedure to be followed in such cases is laid down in Appendix Six.',
	(int) 4 => '<p> 4. Rule 26.4 of the Secondary Schools Code, 2006 has been interpreted by the Division Bench of this Court in the matter of Shaikh Shafi Ahmed Khadarsab vs. The State of Maharashtra and others in Writ Petition No. 1138 of 2009 decided on 13<sup>th</sup> March, 2012. In paragraph-11 of the judgment cited supra, the Division Bench of this Court has observed thus:',
	(int) 5 => '<p> "11. For all these reasons, we hold that the instructions contained in para 26.4 of the S.S.Code that an application for change of an entry in the General Register of a school shall be entertained only on behalf of the pupil who is attending the school meaning thereby that it shall not be entertained on behalf of the pupil who has left the school, are directory and not mandatory. In our view, such an application can be entertained even after the pupil has left the school, provided the application is bona-fide and the pupil is able to satisfy that the original entry in the General Register of the school is erroneous. The application can be rejected if the entry is not shown to be erroneous and wrong. It, however, cannot be rejected without it being considered on merits, only on the technical ground that the application has been made after the pupil has left the school."',
	(int) 6 => '<p> 5. Appendix Six of the Secondary Schools Code, 2006 lays down the procedure in respect of making correction and change in names, surnames, caste/sub-caste, date of birth etc., Paragraph Nos.12 to 15 of Appendix Six reads thus:',
	(int) 7 => '<p> "<strong>Change in Caste or Sub-Caste (in respect of B.C. pupils only):</strong>',
	(int) 8 => '<p> (12) For making changes in caste or sub-caste of Backward Class pupils the guardian of the pupil shall make an application in Form No. 3 accompanying these rules.',
	(int) 9 => '<p> (13) Permission may be given to change the entries in the General Register of the school in respect of "caste" or "sub-caste" of Backward Class pupils in the following circumstances.',
	(int) 10 => '<p> (i) due to wrong entries made initially;',
	(int) 11 => '<p> (ii) due to change in religion;',
	(int) 12 => '<p> (iii) if the caste previously treated as non-backward was subsequently declared by Government as Backward or vice-versa.',
	(int) 13 => '<p> (iv) due to adoption;',
	(int) 14 => '<p> (v) due to inter-caste or inter-religion marriage;',
	(int) 15 => '<p> (14) For this purpose, the necessary certificates from the following authorities must accompany the application for change of caste or sub-caste:',
	(int) 16 => '<p> <strong>(a) For Reasons</strong>, (i),(ii) and (iii) above:',
	(int) 17 => '<p> In Greater Bombay (a) The Chief Presidency Magistrate or the Presidency Magistrate authorised by him;',
	(int) 18 => '<p> Or',
	(int) 19 => '<p> (b) Justice of Peace; or (Deleted)',
	(int) 20 => '<p> (c) Social, Welfare Officer, Greater Bombay, Bombay.',
	(int) 21 => '<p> In other areas (d) The District Magistrates or Executive Magistrates authorized by them;',
	(int) 22 => '<p> or',
	(int) 23 => '<p> (e) Honorary Magistrates; or (Deleted)',
	(int) 24 => '<p> (f) The Social Welfare Officer of the district concerned.',
	(int) 25 => '<p> (<strong>b) Due to adoption </strong>:',
	(int) 26 => '<p> The original adoption-deed or a certified copy of that deed or a certificate from stipendiary Magistrate showing the change in name (if any) and the caste or sub-caste changed as a result of adoption should accompany the application for change in caste or sub-caste.',
	(int) 27 => '<p> <strong>(c) Due to inter-caste or inter-religion marriage </strong>:',
	(int) 28 => '<p> A declaration by the parent or guardian attested by two witnesses and the student himself/herself or certified copy of the certificate of registration of marriage should accompany the application for change in caste or sub-caste along with the certificate from the concerned competent authority mentioned in (a) above showing that the caste or sub-caste has changed as a result of the marriage.',
	(int) 29 => '<p> <strong>(d) Due to any other reason </strong>:',
	(int) 30 => '<p> An affidavit made before a stipendiary Magistrate by the parent or guardian should accompany the application for change in caste of sub-caste.',
	(int) 31 => '<p> <strong>N.B</strong>.: The term "Backward Class" means and includes the following categories.',
	(int) 32 => '<table><tbody><tr><td>1<td>Scheduled castes and Schedule Caste converts to Buddhism.<td>As per Scheduled Castes and Scheduled Tribes Lists Modification Order, 1956, as adopted for Maharashtra State.</tr><tr><td>2<td>Scheduled Tribes including those outside specified areas.<td>Vide Part VII-A of the Seventh and Eighth Schedule of the Bombay Reorganisation Act, 1960 and orders issued by Government in this behalf from time to time.</tr><tr><td>3<td>DenotifiedTribes and Nomadic Tribes.<td>As per Government Resolution, Education and Social Welfare Deptt. No. CBC. 1361-M, dated 21<sup>st</sup> November 1961 and Government from time to time.</tr><tr><td>4<td>Other Classes.<td>Backward Castes which have been declared as belonging to the other Backward Classes by Government from time to time.</tr></tbody></table><strong>General</strong>:-<p> (Please also see Annexure 36).',
	(int) 33 => '<p> 15. An appeal against the decision of the Educational Inspector, Greater Bombay or as the case may be, the Education Officer, Zilla Parishad concerned, who has not sanctioned the change shall be submitted to the Deputy Director concerned within 30 days of the receipt of the order."',
	(int) 34 => '<p> 6. On fulfillment of requirements laid down under Appendix Six, the application tendered for effecting change in the entries recorded in school record can be entertained. Respondents were therefore not justified in turning down the application tendered by the petitioner on the ground that the entries recorded in the school record cannot be corrected after pupil has left school. The petition, therefore, deserves to be allowed and Education Officer (Primary), Zilla Parishad, Osmanabad is required to be directed to consider the application tendered by the petitioner to the school authorities and which has been forwarded to the Education Officer (Primary), Zilla Parishad, Osmanabad, in accordance with provisions of Secondary Schools Code, 2006. The orders passed by respondent Nos. 2 and 3 impugned in this petition, are quashed and set aside and the matter is remitted back to the Education Officer (Primary), Zilla Parishad, Osmanabad for reconsideration. The Education Officer (Primary), Zilla Parishad, Osmanabad shall proceed to take decision on the application in accordance with provisions of Secondary Schools Code, 2006 and the observations made in this judgment. The petitioner shall cause appearance before the Education Officer (Primary), Zilla Parishad, Osmanabad on 29th October, 2012 and as such, no separate notice requiring petitioner's appearance before respondent No. 3 shall be essential. Respondent No. 3 shall decide the application, as expeditiously as possible, preferably within eight (8) weeks from date of appearance of petitioner before him. Rule is accordingly made absolute. No order as to costs.',
	(int) 35 => '<p> 7. Pending civil application, if any, does not survive, same stands disposed of.',
	(int) 36 => ''
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			'judgement' => '<p style="text-align: justify;"><strong>Oral Judgment : [ R.M. Borde, J.]</strong><p style="text-align: justify;"> Rule. Rule made returnable forthwith.</p><p style="text-align: justify;"> With consent of the parties, the petition is taken up for final disposal at admission stage.</p><p style="text-align: justify;"> 2. The petitioner claims to be belonging to Bhavsar Kshetriya caste which is included in Other Backward Class category. The petitioner is serving as Conductor in Maharashtra State Road Transport Corporation. The school record of the petitioner records caste as 'Hindu Maratha'. According to the petitioner, while securing admission in school, his father has erroneously recorded the entry as 'Hindu Maratha'. He further contends that old record pertaining to his father, uncle and other near relatives show that they belong to 'Bhavsar Kehstriya caste'. The petitioner has also been issued caste certificate by the competent authority. The son of the petitioner has also been issued caste certificate by the competent authority certifying that he belongs to 'Bhavsar Kshetriya caste' and his caste claim has been validated by the competent Committee. The petitioner, therefore, tendered application to school where he was studying for onward transmission to the Education Officer (Primary), Zilla Parishad, Osmanabad for issuing directions for affecting necessary corrections. The school authority forwarded the application with favourable recommendation to the Education Officer. The Education Officer (Primary) by his order dated 1st November, 2011 was pleased to reject the application recording that since the petitioner has left the school, the application is not maintainable.</p><p style="text-align: justify;"> 3. The petitioner tendered appeal to the Deputy Director of Education, Latur Division, Latur,which was heard and disposed of by Deputy Director of Education, Latur Division, Latur on 30th January, 2012 and appeal came to be dismissed. The appellate authority has recorded in the order that rule 26.4, Appendix-Six of the Secondary Schools Code-2006 does not permit to make correction in the entries in respect of caste in the school record after pupil has left the school. According to the petitioner, reasons recorded by both the authorities for turning down his claim are erroneous and against the provisions of Secondary Schools Code, 2006. Rule 26.4 of the Secondary Schools Code, 2006 prescribe that application for change or correction of date of birth, name, surname, caste etc., as entered in the General Register shall be entertained from or on behalf of a pupil who is attending a school. It further provide that such application shall not be entertained from or on behalf of a pupil, who has left the school, as the same amounts not only to a change in the entries in the General Register but also to a change in the School Leaving Certificate. It has been further prescribed that, however, for the purposes like an admission to another educational institution the School Leaving certificate is relied upon as an evidence for name, surname, caste, date of birth etc., and in bonafide cases where wrong spelling of a word or an obvious mistake of the type mentioned in sub-rule 3 above is noticed any time after issue of the School Leaving Certificate and the same is required to be corrected so as to be consistent with the corresponding entries in the General Register of the school or those in the School Leaving Certificate issued by the previous school, such applications shall be entertained. The procedure to be followed in such cases is laid down in Appendix Six.</p><p style="text-align: justify;"> 4. Rule 26.4 of the Secondary Schools Code, 2006 has been interpreted by the Division Bench of this Court in the matter of Shaikh Shafi Ahmed Khadarsab vs. The State of Maharashtra and others in Writ Petition No. 1138 of 2009 decided on 13<sup>th</sup> March, 2012. In paragraph-11 of the judgment cited supra, the Division Bench of this Court has observed thus:</p><p style="text-align: justify;"> "11. For all these reasons, we hold that the instructions contained in para 26.4 of the S.S.Code that an application for change of an entry in the General Register of a school shall be entertained only on behalf of the pupil who is attending the school meaning thereby that it shall not be entertained on behalf of the pupil who has left the school, are directory and not mandatory. In our view, such an application can be entertained even after the pupil has left the school, provided the application is bona-fide and the pupil is able to satisfy that the original entry in the General Register of the school is erroneous. The application can be rejected if the entry is not shown to be erroneous and wrong. It, however, cannot be rejected without it being considered on merits, only on the technical ground that the application has been made after the pupil has left the school."</p><p style="text-align: justify;"> 5. Appendix Six of the Secondary Schools Code, 2006 lays down the procedure in respect of making correction and change in names, surnames, caste/sub-caste, date of birth etc., Paragraph Nos.12 to 15 of Appendix Six reads thus:</p><p style="text-align: justify;"> "<strong>Change in Caste or Sub-Caste (in respect of B.C. pupils only):</strong></p><p style="text-align: justify;"> (12) For making changes in caste or sub-caste of Backward Class pupils the guardian of the pupil shall make an application in Form No. 3 accompanying these rules.</p><p style="text-align: justify;"> (13) Permission may be given to change the entries in the General Register of the school in respect of "caste" or "sub-caste" of Backward Class pupils in the following circumstances.</p><p style="text-align: justify;"> (i) due to wrong entries made initially;</p><p style="text-align: justify;"> (ii) due to change in religion;</p><p style="text-align: justify;"> (iii) if the caste previously treated as non-backward was subsequently declared by Government as Backward or vice-versa.</p><p style="text-align: justify;"> (iv) due to adoption;</p><p style="text-align: justify;"> (v) due to inter-caste or inter-religion marriage;</p><p style="text-align: justify;"> (14) For this purpose, the necessary certificates from the following authorities must accompany the application for change of caste or sub-caste:</p><p style="text-align: justify;"> <strong>(a) For Reasons</strong>, (i),(ii) and (iii) above:</p><p style="text-align: justify;"> In Greater Bombay (a) The Chief Presidency Magistrate or the Presidency Magistrate authorised by him;</p><p style="text-align: justify;"> Or</p><p style="text-align: justify;"> (b) Justice of Peace; or (Deleted)</p><p style="text-align: justify;"> (c) Social, Welfare Officer, Greater Bombay, Bombay.</p><p style="text-align: justify;"> In other areas (d) The District Magistrates or Executive Magistrates authorized by them;</p><p style="text-align: justify;"> or</p><p style="text-align: justify;"> (e) Honorary Magistrates; or (Deleted)</p><p style="text-align: justify;"> (f) The Social Welfare Officer of the district concerned.</p><p style="text-align: justify;"> (<strong>b) Due to adoption </strong>:</p><p style="text-align: justify;"> The original adoption-deed or a certified copy of that deed or a certificate from stipendiary Magistrate showing the change in name (if any) and the caste or sub-caste changed as a result of adoption should accompany the application for change in caste or sub-caste.</p><p style="text-align: justify;"> <strong>(c) Due to inter-caste or inter-religion marriage </strong>:</p><p style="text-align: justify;"> A declaration by the parent or guardian attested by two witnesses and the student himself/herself or certified copy of the certificate of registration of marriage should accompany the application for change in caste or sub-caste along with the certificate from the concerned competent authority mentioned in (a) above showing that the caste or sub-caste has changed as a result of the marriage.</p><p style="text-align: justify;"> <strong>(d) Due to any other reason </strong>:</p><p style="text-align: justify;"> An affidavit made before a stipendiary Magistrate by the parent or guardian should accompany the application for change in caste of sub-caste.</p><p style="text-align: justify;"> <strong>N.B</strong>.: The term "Backward Class" means and includes the following categories.</p><table border="1" cellpadding="0" cellspacing="0"><tbody><tr><td style="width: 43px">1<td style="width: 251px">Scheduled castes and Schedule Caste converts to Buddhism.<td style="width: 282px">As per Scheduled Castes and Scheduled Tribes Lists Modification Order, 1956, as adopted for Maharashtra State.</tr><tr><td style="width: 43px">2<td style="width: 251px">Scheduled Tribes including those outside specified areas.<td style="width: 282px">Vide Part VII-A of the Seventh and Eighth Schedule of the Bombay Reorganisation Act, 1960 and orders issued by Government in this behalf from time to time.</tr><tr><td style="width: 43px">3<td style="width: 251px">DenotifiedTribes and Nomadic Tribes.<td style="width: 282px">As per Government Resolution, Education and Social Welfare Deptt. No. CBC. 1361-M, dated 21<sup>st</sup> November 1961 and Government from time to time.</tr><tr><td style="width: 43px">4<td style="width: 251px">Other Classes.<td style="width: 282px">Backward Castes which have been declared as belonging to the other Backward Classes by Government from time to time.</tr></tbody></table><strong>General</strong>:-<p style="text-align: justify;"> (Please also see Annexure 36).</p><p style="text-align: justify;"> 15. An appeal against the decision of the Educational Inspector, Greater Bombay or as the case may be, the Education Officer, Zilla Parishad concerned, who has not sanctioned the change shall be submitted to the Deputy Director concerned within 30 days of the receipt of the order."</p><p style="text-align: justify;"> 6. On fulfillment of requirements laid down under Appendix Six, the application tendered for effecting change in the entries recorded in school record can be entertained. Respondents were therefore not justified in turning down the application tendered by the petitioner on the ground that the entries recorded in the school record cannot be corrected after pupil has left school. The petition, therefore, deserves to be allowed and Education Officer (Primary), Zilla Parishad, Osmanabad is required to be directed to consider the application tendered by the petitioner to the school authorities and which has been forwarded to the Education Officer (Primary), Zilla Parishad, Osmanabad, in accordance with provisions of Secondary Schools Code, 2006. The orders passed by respondent Nos. 2 and 3 impugned in this petition, are quashed and set aside and the matter is remitted back to the Education Officer (Primary), Zilla Parishad, Osmanabad for reconsideration. The Education Officer (Primary), Zilla Parishad, Osmanabad shall proceed to take decision on the application in accordance with provisions of Secondary Schools Code, 2006 and the observations made in this judgment. The petitioner shall cause appearance before the Education Officer (Primary), Zilla Parishad, Osmanabad on 29th October, 2012 and as such, no separate notice requiring petitioner's appearance before respondent No. 3 shall be essential. Respondent No. 3 shall decide the application, as expeditiously as possible, preferably within eight (8) weeks from date of appearance of petitioner before him. Rule is accordingly made absolute. No order as to costs.</p><p style="text-align: justify;"> 7. Pending civil application, if any, does not survive, same stands disposed of.</p>',
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		'judgement' => '<p><strong>Oral Judgment : [ R.M. Borde, J.]</strong><p> Rule. Rule made returnable forthwith.</p><p> With consent of the parties, the petition is taken up for final disposal at admission stage.</p><p> 2. The petitioner claims to be belonging to Bhavsar Kshetriya caste which is included in Other Backward Class category. The petitioner is serving as Conductor in Maharashtra State Road Transport Corporation. The school record of the petitioner records caste as 'Hindu Maratha'. According to the petitioner, while securing admission in school, his father has erroneously recorded the entry as 'Hindu Maratha'. He further contends that old record pertaining to his father, uncle and other near relatives show that they belong to 'Bhavsar Kehstriya caste'. The petitioner has also been issued caste certificate by the competent authority. The son of the petitioner has also been issued caste certificate by the competent authority certifying that he belongs to 'Bhavsar Kshetriya caste' and his caste claim has been validated by the competent Committee. The petitioner, therefore, tendered application to school where he was studying for onward transmission to the Education Officer (Primary), Zilla Parishad, Osmanabad for issuing directions for affecting necessary corrections. The school authority forwarded the application with favourable recommendation to the Education Officer. The Education Officer (Primary) by his order dated 1st November, 2011 was pleased to reject the application recording that since the petitioner has left the school, the application is not maintainable.</p><p> 3. The petitioner tendered appeal to the Deputy Director of Education, Latur Division, Latur,which was heard and disposed of by Deputy Director of Education, Latur Division, Latur on 30th January, 2012 and appeal came to be dismissed. The appellate authority has recorded in the order that rule 26.4, Appendix-Six of the Secondary Schools Code-2006 does not permit to make correction in the entries in respect of caste in the school record after pupil has left the school. According to the petitioner, reasons recorded by both the authorities for turning down his claim are erroneous and against the provisions of Secondary Schools Code, 2006. Rule 26.4 of the Secondary Schools Code, 2006 prescribe that application for change or correction of date of birth, name, surname, caste etc., as entered in the General Register shall be entertained from or on behalf of a pupil who is attending a school. It further provide that such application shall not be entertained from or on behalf of a pupil, who has left the school, as the same amounts not only to a change in the entries in the General Register but also to a change in the School Leaving Certificate. It has been further prescribed that, however, for the purposes like an admission to another educational institution the School Leaving certificate is relied upon as an evidence for name, surname, caste, date of birth etc., and in bonafide cases where wrong spelling of a word or an obvious mistake of the type mentioned in sub-rule 3 above is noticed any time after issue of the School Leaving Certificate and the same is required to be corrected so as to be consistent with the corresponding entries in the General Register of the school or those in the School Leaving Certificate issued by the previous school, such applications shall be entertained. The procedure to be followed in such cases is laid down in Appendix Six.</p><p> 4. Rule 26.4 of the Secondary Schools Code, 2006 has been interpreted by the Division Bench of this Court in the matter of Shaikh Shafi Ahmed Khadarsab vs. The State of Maharashtra and others in Writ Petition No. 1138 of 2009 decided on 13<sup>th</sup> March, 2012. In paragraph-11 of the judgment cited supra, the Division Bench of this Court has observed thus:</p><p> "11. For all these reasons, we hold that the instructions contained in para 26.4 of the S.S.Code that an application for change of an entry in the General Register of a school shall be entertained only on behalf of the pupil who is attending the school meaning thereby that it shall not be entertained on behalf of the pupil who has left the school, are directory and not mandatory. In our view, such an application can be entertained even after the pupil has left the school, provided the application is bona-fide and the pupil is able to satisfy that the original entry in the General Register of the school is erroneous. The application can be rejected if the entry is not shown to be erroneous and wrong. It, however, cannot be rejected without it being considered on merits, only on the technical ground that the application has been made after the pupil has left the school."</p><p> 5. Appendix Six of the Secondary Schools Code, 2006 lays down the procedure in respect of making correction and change in names, surnames, caste/sub-caste, date of birth etc., Paragraph Nos.12 to 15 of Appendix Six reads thus:</p><p> "<strong>Change in Caste or Sub-Caste (in respect of B.C. pupils only):</strong></p><p> (12) For making changes in caste or sub-caste of Backward Class pupils the guardian of the pupil shall make an application in Form No. 3 accompanying these rules.</p><p> (13) Permission may be given to change the entries in the General Register of the school in respect of "caste" or "sub-caste" of Backward Class pupils in the following circumstances.</p><p> (i) due to wrong entries made initially;</p><p> (ii) due to change in religion;</p><p> (iii) if the caste previously treated as non-backward was subsequently declared by Government as Backward or vice-versa.</p><p> (iv) due to adoption;</p><p> (v) due to inter-caste or inter-religion marriage;</p><p> (14) For this purpose, the necessary certificates from the following authorities must accompany the application for change of caste or sub-caste:</p><p> <strong>(a) For Reasons</strong>, (i),(ii) and (iii) above:</p><p> In Greater Bombay (a) The Chief Presidency Magistrate or the Presidency Magistrate authorised by him;</p><p> Or</p><p> (b) Justice of Peace; or (Deleted)</p><p> (c) Social, Welfare Officer, Greater Bombay, Bombay.</p><p> In other areas (d) The District Magistrates or Executive Magistrates authorized by them;</p><p> or</p><p> (e) Honorary Magistrates; or (Deleted)</p><p> (f) The Social Welfare Officer of the district concerned.</p><p> (<strong>b) Due to adoption </strong>:</p><p> The original adoption-deed or a certified copy of that deed or a certificate from stipendiary Magistrate showing the change in name (if any) and the caste or sub-caste changed as a result of adoption should accompany the application for change in caste or sub-caste.</p><p> <strong>(c) Due to inter-caste or inter-religion marriage </strong>:</p><p> A declaration by the parent or guardian attested by two witnesses and the student himself/herself or certified copy of the certificate of registration of marriage should accompany the application for change in caste or sub-caste along with the certificate from the concerned competent authority mentioned in (a) above showing that the caste or sub-caste has changed as a result of the marriage.</p><p> <strong>(d) Due to any other reason </strong>:</p><p> An affidavit made before a stipendiary Magistrate by the parent or guardian should accompany the application for change in caste of sub-caste.</p><p> <strong>N.B</strong>.: The term "Backward Class" means and includes the following categories.</p><table><tbody><tr><td>1<td>Scheduled castes and Schedule Caste converts to Buddhism.<td>As per Scheduled Castes and Scheduled Tribes Lists Modification Order, 1956, as adopted for Maharashtra State.</tr><tr><td>2<td>Scheduled Tribes including those outside specified areas.<td>Vide Part VII-A of the Seventh and Eighth Schedule of the Bombay Reorganisation Act, 1960 and orders issued by Government in this behalf from time to time.</tr><tr><td>3<td>DenotifiedTribes and Nomadic Tribes.<td>As per Government Resolution, Education and Social Welfare Deptt. No. CBC. 1361-M, dated 21<sup>st</sup> November 1961 and Government from time to time.</tr><tr><td>4<td>Other Classes.<td>Backward Castes which have been declared as belonging to the other Backward Classes by Government from time to time.</tr></tbody></table><strong>General</strong>:-<p> (Please also see Annexure 36).</p><p> 15. An appeal against the decision of the Educational Inspector, Greater Bombay or as the case may be, the Education Officer, Zilla Parishad concerned, who has not sanctioned the change shall be submitted to the Deputy Director concerned within 30 days of the receipt of the order."</p><p> 6. On fulfillment of requirements laid down under Appendix Six, the application tendered for effecting change in the entries recorded in school record can be entertained. Respondents were therefore not justified in turning down the application tendered by the petitioner on the ground that the entries recorded in the school record cannot be corrected after pupil has left school. The petition, therefore, deserves to be allowed and Education Officer (Primary), Zilla Parishad, Osmanabad is required to be directed to consider the application tendered by the petitioner to the school authorities and which has been forwarded to the Education Officer (Primary), Zilla Parishad, Osmanabad, in accordance with provisions of Secondary Schools Code, 2006. The orders passed by respondent Nos. 2 and 3 impugned in this petition, are quashed and set aside and the matter is remitted back to the Education Officer (Primary), Zilla Parishad, Osmanabad for reconsideration. The Education Officer (Primary), Zilla Parishad, Osmanabad shall proceed to take decision on the application in accordance with provisions of Secondary Schools Code, 2006 and the observations made in this judgment. The petitioner shall cause appearance before the Education Officer (Primary), Zilla Parishad, Osmanabad on 29th October, 2012 and as such, no separate notice requiring petitioner's appearance before respondent No. 3 shall be essential. Respondent No. 3 shall decide the application, as expeditiously as possible, preferably within eight (8) weeks from date of appearance of petitioner before him. Rule is accordingly made absolute. No order as to costs.</p><p> 7. Pending civil application, if any, does not survive, same stands disposed of.</p>',
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	(int) 0 => '<p><strong>Oral Judgment : [ R.M. Borde, J.]</strong><p> Rule. Rule made returnable forthwith.',
	(int) 1 => '<p> With consent of the parties, the petition is taken up for final disposal at admission stage.',
	(int) 2 => '<p> 2. The petitioner claims to be belonging to Bhavsar Kshetriya caste which is included in Other Backward Class category. The petitioner is serving as Conductor in Maharashtra State Road Transport Corporation. The school record of the petitioner records caste as 'Hindu Maratha'. According to the petitioner, while securing admission in school, his father has erroneously recorded the entry as 'Hindu Maratha'. He further contends that old record pertaining to his father, uncle and other near relatives show that they belong to 'Bhavsar Kehstriya caste'. The petitioner has also been issued caste certificate by the competent authority. The son of the petitioner has also been issued caste certificate by the competent authority certifying that he belongs to 'Bhavsar Kshetriya caste' and his caste claim has been validated by the competent Committee. The petitioner, therefore, tendered application to school where he was studying for onward transmission to the Education Officer (Primary), Zilla Parishad, Osmanabad for issuing directions for affecting necessary corrections. The school authority forwarded the application with favourable recommendation to the Education Officer. The Education Officer (Primary) by his order dated 1st November, 2011 was pleased to reject the application recording that since the petitioner has left the school, the application is not maintainable.',
	(int) 3 => '<p> 3. The petitioner tendered appeal to the Deputy Director of Education, Latur Division, Latur,which was heard and disposed of by Deputy Director of Education, Latur Division, Latur on 30th January, 2012 and appeal came to be dismissed. The appellate authority has recorded in the order that rule 26.4, Appendix-Six of the Secondary Schools Code-2006 does not permit to make correction in the entries in respect of caste in the school record after pupil has left the school. According to the petitioner, reasons recorded by both the authorities for turning down his claim are erroneous and against the provisions of Secondary Schools Code, 2006. Rule 26.4 of the Secondary Schools Code, 2006 prescribe that application for change or correction of date of birth, name, surname, caste etc., as entered in the General Register shall be entertained from or on behalf of a pupil who is attending a school. It further provide that such application shall not be entertained from or on behalf of a pupil, who has left the school, as the same amounts not only to a change in the entries in the General Register but also to a change in the School Leaving Certificate. It has been further prescribed that, however, for the purposes like an admission to another educational institution the School Leaving certificate is relied upon as an evidence for name, surname, caste, date of birth etc., and in bonafide cases where wrong spelling of a word or an obvious mistake of the type mentioned in sub-rule 3 above is noticed any time after issue of the School Leaving Certificate and the same is required to be corrected so as to be consistent with the corresponding entries in the General Register of the school or those in the School Leaving Certificate issued by the previous school, such applications shall be entertained. The procedure to be followed in such cases is laid down in Appendix Six.',
	(int) 4 => '<p> 4. Rule 26.4 of the Secondary Schools Code, 2006 has been interpreted by the Division Bench of this Court in the matter of Shaikh Shafi Ahmed Khadarsab vs. The State of Maharashtra and others in Writ Petition No. 1138 of 2009 decided on 13<sup>th</sup> March, 2012. In paragraph-11 of the judgment cited supra, the Division Bench of this Court has observed thus:',
	(int) 5 => '<p> "11. For all these reasons, we hold that the instructions contained in para 26.4 of the S.S.Code that an application for change of an entry in the General Register of a school shall be entertained only on behalf of the pupil who is attending the school meaning thereby that it shall not be entertained on behalf of the pupil who has left the school, are directory and not mandatory. In our view, such an application can be entertained even after the pupil has left the school, provided the application is bona-fide and the pupil is able to satisfy that the original entry in the General Register of the school is erroneous. The application can be rejected if the entry is not shown to be erroneous and wrong. It, however, cannot be rejected without it being considered on merits, only on the technical ground that the application has been made after the pupil has left the school."',
	(int) 6 => '<p> 5. Appendix Six of the Secondary Schools Code, 2006 lays down the procedure in respect of making correction and change in names, surnames, caste/sub-caste, date of birth etc., Paragraph Nos.12 to 15 of Appendix Six reads thus:',
	(int) 7 => '<p> "<strong>Change in Caste or Sub-Caste (in respect of B.C. pupils only):</strong>',
	(int) 8 => '<p> (12) For making changes in caste or sub-caste of Backward Class pupils the guardian of the pupil shall make an application in Form No. 3 accompanying these rules.',
	(int) 9 => '<p> (13) Permission may be given to change the entries in the General Register of the school in respect of "caste" or "sub-caste" of Backward Class pupils in the following circumstances.',
	(int) 10 => '<p> (i) due to wrong entries made initially;',
	(int) 11 => '<p> (ii) due to change in religion;',
	(int) 12 => '<p> (iii) if the caste previously treated as non-backward was subsequently declared by Government as Backward or vice-versa.',
	(int) 13 => '<p> (iv) due to adoption;',
	(int) 14 => '<p> (v) due to inter-caste or inter-religion marriage;',
	(int) 15 => '<p> (14) For this purpose, the necessary certificates from the following authorities must accompany the application for change of caste or sub-caste:',
	(int) 16 => '<p> <strong>(a) For Reasons</strong>, (i),(ii) and (iii) above:',
	(int) 17 => '<p> In Greater Bombay (a) The Chief Presidency Magistrate or the Presidency Magistrate authorised by him;',
	(int) 18 => '<p> Or',
	(int) 19 => '<p> (b) Justice of Peace; or (Deleted)',
	(int) 20 => '<p> (c) Social, Welfare Officer, Greater Bombay, Bombay.',
	(int) 21 => '<p> In other areas (d) The District Magistrates or Executive Magistrates authorized by them;',
	(int) 22 => '<p> or',
	(int) 23 => '<p> (e) Honorary Magistrates; or (Deleted)',
	(int) 24 => '<p> (f) The Social Welfare Officer of the district concerned.',
	(int) 25 => '<p> (<strong>b) Due to adoption </strong>:',
	(int) 26 => '<p> The original adoption-deed or a certified copy of that deed or a certificate from stipendiary Magistrate showing the change in name (if any) and the caste or sub-caste changed as a result of adoption should accompany the application for change in caste or sub-caste.',
	(int) 27 => '<p> <strong>(c) Due to inter-caste or inter-religion marriage </strong>:',
	(int) 28 => '<p> A declaration by the parent or guardian attested by two witnesses and the student himself/herself or certified copy of the certificate of registration of marriage should accompany the application for change in caste or sub-caste along with the certificate from the concerned competent authority mentioned in (a) above showing that the caste or sub-caste has changed as a result of the marriage.',
	(int) 29 => '<p> <strong>(d) Due to any other reason </strong>:',
	(int) 30 => '<p> An affidavit made before a stipendiary Magistrate by the parent or guardian should accompany the application for change in caste of sub-caste.',
	(int) 31 => '<p> <strong>N.B</strong>.: The term "Backward Class" means and includes the following categories.',
	(int) 32 => '<table><tbody><tr><td>1<td>Scheduled castes and Schedule Caste converts to Buddhism.<td>As per Scheduled Castes and Scheduled Tribes Lists Modification Order, 1956, as adopted for Maharashtra State.</tr><tr><td>2<td>Scheduled Tribes including those outside specified areas.<td>Vide Part VII-A of the Seventh and Eighth Schedule of the Bombay Reorganisation Act, 1960 and orders issued by Government in this behalf from time to time.</tr><tr><td>3<td>DenotifiedTribes and Nomadic Tribes.<td>As per Government Resolution, Education and Social Welfare Deptt. No. CBC. 1361-M, dated 21<sup>st</sup> November 1961 and Government from time to time.</tr><tr><td>4<td>Other Classes.<td>Backward Castes which have been declared as belonging to the other Backward Classes by Government from time to time.</tr></tbody></table><strong>General</strong>:-<p> (Please also see Annexure 36).',
	(int) 33 => '<p> 15. An appeal against the decision of the Educational Inspector, Greater Bombay or as the case may be, the Education Officer, Zilla Parishad concerned, who has not sanctioned the change shall be submitted to the Deputy Director concerned within 30 days of the receipt of the order."',
	(int) 34 => '<p> 6. On fulfillment of requirements laid down under Appendix Six, the application tendered for effecting change in the entries recorded in school record can be entertained. Respondents were therefore not justified in turning down the application tendered by the petitioner on the ground that the entries recorded in the school record cannot be corrected after pupil has left school. The petition, therefore, deserves to be allowed and Education Officer (Primary), Zilla Parishad, Osmanabad is required to be directed to consider the application tendered by the petitioner to the school authorities and which has been forwarded to the Education Officer (Primary), Zilla Parishad, Osmanabad, in accordance with provisions of Secondary Schools Code, 2006. The orders passed by respondent Nos. 2 and 3 impugned in this petition, are quashed and set aside and the matter is remitted back to the Education Officer (Primary), Zilla Parishad, Osmanabad for reconsideration. The Education Officer (Primary), Zilla Parishad, Osmanabad shall proceed to take decision on the application in accordance with provisions of Secondary Schools Code, 2006 and the observations made in this judgment. The petitioner shall cause appearance before the Education Officer (Primary), Zilla Parishad, Osmanabad on 29th October, 2012 and as such, no separate notice requiring petitioner's appearance before respondent No. 3 shall be essential. Respondent No. 3 shall decide the application, as expeditiously as possible, preferably within eight (8) weeks from date of appearance of petitioner before him. Rule is accordingly made absolute. No order as to costs.',
	(int) 35 => '<p> 7. Pending civil application, if any, does not survive, same stands disposed of.',
	(int) 36 => ''
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(c) Social, Welfare Officer, Greater Bombay, Bombay.

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			'judgement' => '<p style="text-align: justify;"><strong>Oral Judgment : [ R.M. Borde, J.]</strong><p style="text-align: justify;"> Rule. Rule made returnable forthwith.</p><p style="text-align: justify;"> With consent of the parties, the petition is taken up for final disposal at admission stage.</p><p style="text-align: justify;"> 2. The petitioner claims to be belonging to Bhavsar Kshetriya caste which is included in Other Backward Class category. The petitioner is serving as Conductor in Maharashtra State Road Transport Corporation. The school record of the petitioner records caste as 'Hindu Maratha'. According to the petitioner, while securing admission in school, his father has erroneously recorded the entry as 'Hindu Maratha'. He further contends that old record pertaining to his father, uncle and other near relatives show that they belong to 'Bhavsar Kehstriya caste'. The petitioner has also been issued caste certificate by the competent authority. The son of the petitioner has also been issued caste certificate by the competent authority certifying that he belongs to 'Bhavsar Kshetriya caste' and his caste claim has been validated by the competent Committee. The petitioner, therefore, tendered application to school where he was studying for onward transmission to the Education Officer (Primary), Zilla Parishad, Osmanabad for issuing directions for affecting necessary corrections. The school authority forwarded the application with favourable recommendation to the Education Officer. The Education Officer (Primary) by his order dated 1st November, 2011 was pleased to reject the application recording that since the petitioner has left the school, the application is not maintainable.</p><p style="text-align: justify;"> 3. The petitioner tendered appeal to the Deputy Director of Education, Latur Division, Latur,which was heard and disposed of by Deputy Director of Education, Latur Division, Latur on 30th January, 2012 and appeal came to be dismissed. The appellate authority has recorded in the order that rule 26.4, Appendix-Six of the Secondary Schools Code-2006 does not permit to make correction in the entries in respect of caste in the school record after pupil has left the school. According to the petitioner, reasons recorded by both the authorities for turning down his claim are erroneous and against the provisions of Secondary Schools Code, 2006. Rule 26.4 of the Secondary Schools Code, 2006 prescribe that application for change or correction of date of birth, name, surname, caste etc., as entered in the General Register shall be entertained from or on behalf of a pupil who is attending a school. It further provide that such application shall not be entertained from or on behalf of a pupil, who has left the school, as the same amounts not only to a change in the entries in the General Register but also to a change in the School Leaving Certificate. It has been further prescribed that, however, for the purposes like an admission to another educational institution the School Leaving certificate is relied upon as an evidence for name, surname, caste, date of birth etc., and in bonafide cases where wrong spelling of a word or an obvious mistake of the type mentioned in sub-rule 3 above is noticed any time after issue of the School Leaving Certificate and the same is required to be corrected so as to be consistent with the corresponding entries in the General Register of the school or those in the School Leaving Certificate issued by the previous school, such applications shall be entertained. The procedure to be followed in such cases is laid down in Appendix Six.</p><p style="text-align: justify;"> 4. Rule 26.4 of the Secondary Schools Code, 2006 has been interpreted by the Division Bench of this Court in the matter of Shaikh Shafi Ahmed Khadarsab vs. The State of Maharashtra and others in Writ Petition No. 1138 of 2009 decided on 13<sup>th</sup> March, 2012. In paragraph-11 of the judgment cited supra, the Division Bench of this Court has observed thus:</p><p style="text-align: justify;"> "11. For all these reasons, we hold that the instructions contained in para 26.4 of the S.S.Code that an application for change of an entry in the General Register of a school shall be entertained only on behalf of the pupil who is attending the school meaning thereby that it shall not be entertained on behalf of the pupil who has left the school, are directory and not mandatory. In our view, such an application can be entertained even after the pupil has left the school, provided the application is bona-fide and the pupil is able to satisfy that the original entry in the General Register of the school is erroneous. The application can be rejected if the entry is not shown to be erroneous and wrong. It, however, cannot be rejected without it being considered on merits, only on the technical ground that the application has been made after the pupil has left the school."</p><p style="text-align: justify;"> 5. Appendix Six of the Secondary Schools Code, 2006 lays down the procedure in respect of making correction and change in names, surnames, caste/sub-caste, date of birth etc., Paragraph Nos.12 to 15 of Appendix Six reads thus:</p><p style="text-align: justify;"> "<strong>Change in Caste or Sub-Caste (in respect of B.C. pupils only):</strong></p><p style="text-align: justify;"> (12) For making changes in caste or sub-caste of Backward Class pupils the guardian of the pupil shall make an application in Form No. 3 accompanying these rules.</p><p style="text-align: justify;"> (13) Permission may be given to change the entries in the General Register of the school in respect of "caste" or "sub-caste" of Backward Class pupils in the following circumstances.</p><p style="text-align: justify;"> (i) due to wrong entries made initially;</p><p style="text-align: justify;"> (ii) due to change in religion;</p><p style="text-align: justify;"> (iii) if the caste previously treated as non-backward was subsequently declared by Government as Backward or vice-versa.</p><p style="text-align: justify;"> (iv) due to adoption;</p><p style="text-align: justify;"> (v) due to inter-caste or inter-religion marriage;</p><p style="text-align: justify;"> (14) For this purpose, the necessary certificates from the following authorities must accompany the application for change of caste or sub-caste:</p><p style="text-align: justify;"> <strong>(a) For Reasons</strong>, (i),(ii) and (iii) above:</p><p style="text-align: justify;"> In Greater Bombay (a) The Chief Presidency Magistrate or the Presidency Magistrate authorised by him;</p><p style="text-align: justify;"> Or</p><p style="text-align: justify;"> (b) Justice of Peace; or (Deleted)</p><p style="text-align: justify;"> (c) Social, Welfare Officer, Greater Bombay, Bombay.</p><p style="text-align: justify;"> In other areas (d) The District Magistrates or Executive Magistrates authorized by them;</p><p style="text-align: justify;"> or</p><p style="text-align: justify;"> (e) Honorary Magistrates; or (Deleted)</p><p style="text-align: justify;"> (f) The Social Welfare Officer of the district concerned.</p><p style="text-align: justify;"> (<strong>b) Due to adoption </strong>:</p><p style="text-align: justify;"> The original adoption-deed or a certified copy of that deed or a certificate from stipendiary Magistrate showing the change in name (if any) and the caste or sub-caste changed as a result of adoption should accompany the application for change in caste or sub-caste.</p><p style="text-align: justify;"> <strong>(c) Due to inter-caste or inter-religion marriage </strong>:</p><p style="text-align: justify;"> A declaration by the parent or guardian attested by two witnesses and the student himself/herself or certified copy of the certificate of registration of marriage should accompany the application for change in caste or sub-caste along with the certificate from the concerned competent authority mentioned in (a) above showing that the caste or sub-caste has changed as a result of the marriage.</p><p style="text-align: justify;"> <strong>(d) Due to any other reason </strong>:</p><p style="text-align: justify;"> An affidavit made before a stipendiary Magistrate by the parent or guardian should accompany the application for change in caste of sub-caste.</p><p style="text-align: justify;"> <strong>N.B</strong>.: The term "Backward Class" means and includes the following categories.</p><table border="1" cellpadding="0" cellspacing="0"><tbody><tr><td style="width: 43px">1<td style="width: 251px">Scheduled castes and Schedule Caste converts to Buddhism.<td style="width: 282px">As per Scheduled Castes and Scheduled Tribes Lists Modification Order, 1956, as adopted for Maharashtra State.</tr><tr><td style="width: 43px">2<td style="width: 251px">Scheduled Tribes including those outside specified areas.<td style="width: 282px">Vide Part VII-A of the Seventh and Eighth Schedule of the Bombay Reorganisation Act, 1960 and orders issued by Government in this behalf from time to time.</tr><tr><td style="width: 43px">3<td style="width: 251px">DenotifiedTribes and Nomadic Tribes.<td style="width: 282px">As per Government Resolution, Education and Social Welfare Deptt. No. CBC. 1361-M, dated 21<sup>st</sup> November 1961 and Government from time to time.</tr><tr><td style="width: 43px">4<td style="width: 251px">Other Classes.<td style="width: 282px">Backward Castes which have been declared as belonging to the other Backward Classes by Government from time to time.</tr></tbody></table><strong>General</strong>:-<p style="text-align: justify;"> (Please also see Annexure 36).</p><p style="text-align: justify;"> 15. An appeal against the decision of the Educational Inspector, Greater Bombay or as the case may be, the Education Officer, Zilla Parishad concerned, who has not sanctioned the change shall be submitted to the Deputy Director concerned within 30 days of the receipt of the order."</p><p style="text-align: justify;"> 6. On fulfillment of requirements laid down under Appendix Six, the application tendered for effecting change in the entries recorded in school record can be entertained. Respondents were therefore not justified in turning down the application tendered by the petitioner on the ground that the entries recorded in the school record cannot be corrected after pupil has left school. The petition, therefore, deserves to be allowed and Education Officer (Primary), Zilla Parishad, Osmanabad is required to be directed to consider the application tendered by the petitioner to the school authorities and which has been forwarded to the Education Officer (Primary), Zilla Parishad, Osmanabad, in accordance with provisions of Secondary Schools Code, 2006. The orders passed by respondent Nos. 2 and 3 impugned in this petition, are quashed and set aside and the matter is remitted back to the Education Officer (Primary), Zilla Parishad, Osmanabad for reconsideration. The Education Officer (Primary), Zilla Parishad, Osmanabad shall proceed to take decision on the application in accordance with provisions of Secondary Schools Code, 2006 and the observations made in this judgment. The petitioner shall cause appearance before the Education Officer (Primary), Zilla Parishad, Osmanabad on 29th October, 2012 and as such, no separate notice requiring petitioner's appearance before respondent No. 3 shall be essential. Respondent No. 3 shall decide the application, as expeditiously as possible, preferably within eight (8) weeks from date of appearance of petitioner before him. Rule is accordingly made absolute. No order as to costs.</p><p style="text-align: justify;"> 7. Pending civil application, if any, does not survive, same stands disposed of.</p>',
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		'judgement' => '<p><strong>Oral Judgment : [ R.M. Borde, J.]</strong><p> Rule. Rule made returnable forthwith.</p><p> With consent of the parties, the petition is taken up for final disposal at admission stage.</p><p> 2. The petitioner claims to be belonging to Bhavsar Kshetriya caste which is included in Other Backward Class category. The petitioner is serving as Conductor in Maharashtra State Road Transport Corporation. The school record of the petitioner records caste as 'Hindu Maratha'. According to the petitioner, while securing admission in school, his father has erroneously recorded the entry as 'Hindu Maratha'. He further contends that old record pertaining to his father, uncle and other near relatives show that they belong to 'Bhavsar Kehstriya caste'. The petitioner has also been issued caste certificate by the competent authority. The son of the petitioner has also been issued caste certificate by the competent authority certifying that he belongs to 'Bhavsar Kshetriya caste' and his caste claim has been validated by the competent Committee. The petitioner, therefore, tendered application to school where he was studying for onward transmission to the Education Officer (Primary), Zilla Parishad, Osmanabad for issuing directions for affecting necessary corrections. The school authority forwarded the application with favourable recommendation to the Education Officer. The Education Officer (Primary) by his order dated 1st November, 2011 was pleased to reject the application recording that since the petitioner has left the school, the application is not maintainable.</p><p> 3. The petitioner tendered appeal to the Deputy Director of Education, Latur Division, Latur,which was heard and disposed of by Deputy Director of Education, Latur Division, Latur on 30th January, 2012 and appeal came to be dismissed. The appellate authority has recorded in the order that rule 26.4, Appendix-Six of the Secondary Schools Code-2006 does not permit to make correction in the entries in respect of caste in the school record after pupil has left the school. According to the petitioner, reasons recorded by both the authorities for turning down his claim are erroneous and against the provisions of Secondary Schools Code, 2006. Rule 26.4 of the Secondary Schools Code, 2006 prescribe that application for change or correction of date of birth, name, surname, caste etc., as entered in the General Register shall be entertained from or on behalf of a pupil who is attending a school. It further provide that such application shall not be entertained from or on behalf of a pupil, who has left the school, as the same amounts not only to a change in the entries in the General Register but also to a change in the School Leaving Certificate. It has been further prescribed that, however, for the purposes like an admission to another educational institution the School Leaving certificate is relied upon as an evidence for name, surname, caste, date of birth etc., and in bonafide cases where wrong spelling of a word or an obvious mistake of the type mentioned in sub-rule 3 above is noticed any time after issue of the School Leaving Certificate and the same is required to be corrected so as to be consistent with the corresponding entries in the General Register of the school or those in the School Leaving Certificate issued by the previous school, such applications shall be entertained. The procedure to be followed in such cases is laid down in Appendix Six.</p><p> 4. Rule 26.4 of the Secondary Schools Code, 2006 has been interpreted by the Division Bench of this Court in the matter of Shaikh Shafi Ahmed Khadarsab vs. The State of Maharashtra and others in Writ Petition No. 1138 of 2009 decided on 13<sup>th</sup> March, 2012. In paragraph-11 of the judgment cited supra, the Division Bench of this Court has observed thus:</p><p> "11. For all these reasons, we hold that the instructions contained in para 26.4 of the S.S.Code that an application for change of an entry in the General Register of a school shall be entertained only on behalf of the pupil who is attending the school meaning thereby that it shall not be entertained on behalf of the pupil who has left the school, are directory and not mandatory. In our view, such an application can be entertained even after the pupil has left the school, provided the application is bona-fide and the pupil is able to satisfy that the original entry in the General Register of the school is erroneous. The application can be rejected if the entry is not shown to be erroneous and wrong. It, however, cannot be rejected without it being considered on merits, only on the technical ground that the application has been made after the pupil has left the school."</p><p> 5. Appendix Six of the Secondary Schools Code, 2006 lays down the procedure in respect of making correction and change in names, surnames, caste/sub-caste, date of birth etc., Paragraph Nos.12 to 15 of Appendix Six reads thus:</p><p> "<strong>Change in Caste or Sub-Caste (in respect of B.C. pupils only):</strong></p><p> (12) For making changes in caste or sub-caste of Backward Class pupils the guardian of the pupil shall make an application in Form No. 3 accompanying these rules.</p><p> (13) Permission may be given to change the entries in the General Register of the school in respect of "caste" or "sub-caste" of Backward Class pupils in the following circumstances.</p><p> (i) due to wrong entries made initially;</p><p> (ii) due to change in religion;</p><p> (iii) if the caste previously treated as non-backward was subsequently declared by Government as Backward or vice-versa.</p><p> (iv) due to adoption;</p><p> (v) due to inter-caste or inter-religion marriage;</p><p> (14) For this purpose, the necessary certificates from the following authorities must accompany the application for change of caste or sub-caste:</p><p> <strong>(a) For Reasons</strong>, (i),(ii) and (iii) above:</p><p> In Greater Bombay (a) The Chief Presidency Magistrate or the Presidency Magistrate authorised by him;</p><p> Or</p><p> (b) Justice of Peace; or (Deleted)</p><p> (c) Social, Welfare Officer, Greater Bombay, Bombay.</p><p> In other areas (d) The District Magistrates or Executive Magistrates authorized by them;</p><p> or</p><p> (e) Honorary Magistrates; or (Deleted)</p><p> (f) The Social Welfare Officer of the district concerned.</p><p> (<strong>b) Due to adoption </strong>:</p><p> The original adoption-deed or a certified copy of that deed or a certificate from stipendiary Magistrate showing the change in name (if any) and the caste or sub-caste changed as a result of adoption should accompany the application for change in caste or sub-caste.</p><p> <strong>(c) Due to inter-caste or inter-religion marriage </strong>:</p><p> A declaration by the parent or guardian attested by two witnesses and the student himself/herself or certified copy of the certificate of registration of marriage should accompany the application for change in caste or sub-caste along with the certificate from the concerned competent authority mentioned in (a) above showing that the caste or sub-caste has changed as a result of the marriage.</p><p> <strong>(d) Due to any other reason </strong>:</p><p> An affidavit made before a stipendiary Magistrate by the parent or guardian should accompany the application for change in caste of sub-caste.</p><p> <strong>N.B</strong>.: The term "Backward Class" means and includes the following categories.</p><table><tbody><tr><td>1<td>Scheduled castes and Schedule Caste converts to Buddhism.<td>As per Scheduled Castes and Scheduled Tribes Lists Modification Order, 1956, as adopted for Maharashtra State.</tr><tr><td>2<td>Scheduled Tribes including those outside specified areas.<td>Vide Part VII-A of the Seventh and Eighth Schedule of the Bombay Reorganisation Act, 1960 and orders issued by Government in this behalf from time to time.</tr><tr><td>3<td>DenotifiedTribes and Nomadic Tribes.<td>As per Government Resolution, Education and Social Welfare Deptt. No. CBC. 1361-M, dated 21<sup>st</sup> November 1961 and Government from time to time.</tr><tr><td>4<td>Other Classes.<td>Backward Castes which have been declared as belonging to the other Backward Classes by Government from time to time.</tr></tbody></table><strong>General</strong>:-<p> (Please also see Annexure 36).</p><p> 15. An appeal against the decision of the Educational Inspector, Greater Bombay or as the case may be, the Education Officer, Zilla Parishad concerned, who has not sanctioned the change shall be submitted to the Deputy Director concerned within 30 days of the receipt of the order."</p><p> 6. On fulfillment of requirements laid down under Appendix Six, the application tendered for effecting change in the entries recorded in school record can be entertained. Respondents were therefore not justified in turning down the application tendered by the petitioner on the ground that the entries recorded in the school record cannot be corrected after pupil has left school. The petition, therefore, deserves to be allowed and Education Officer (Primary), Zilla Parishad, Osmanabad is required to be directed to consider the application tendered by the petitioner to the school authorities and which has been forwarded to the Education Officer (Primary), Zilla Parishad, Osmanabad, in accordance with provisions of Secondary Schools Code, 2006. The orders passed by respondent Nos. 2 and 3 impugned in this petition, are quashed and set aside and the matter is remitted back to the Education Officer (Primary), Zilla Parishad, Osmanabad for reconsideration. The Education Officer (Primary), Zilla Parishad, Osmanabad shall proceed to take decision on the application in accordance with provisions of Secondary Schools Code, 2006 and the observations made in this judgment. The petitioner shall cause appearance before the Education Officer (Primary), Zilla Parishad, Osmanabad on 29th October, 2012 and as such, no separate notice requiring petitioner's appearance before respondent No. 3 shall be essential. Respondent No. 3 shall decide the application, as expeditiously as possible, preferably within eight (8) weeks from date of appearance of petitioner before him. Rule is accordingly made absolute. No order as to costs.</p><p> 7. Pending civil application, if any, does not survive, same stands disposed of.</p>',
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	(int) 1 => '<p> With consent of the parties, the petition is taken up for final disposal at admission stage.',
	(int) 2 => '<p> 2. The petitioner claims to be belonging to Bhavsar Kshetriya caste which is included in Other Backward Class category. The petitioner is serving as Conductor in Maharashtra State Road Transport Corporation. The school record of the petitioner records caste as 'Hindu Maratha'. According to the petitioner, while securing admission in school, his father has erroneously recorded the entry as 'Hindu Maratha'. He further contends that old record pertaining to his father, uncle and other near relatives show that they belong to 'Bhavsar Kehstriya caste'. The petitioner has also been issued caste certificate by the competent authority. The son of the petitioner has also been issued caste certificate by the competent authority certifying that he belongs to 'Bhavsar Kshetriya caste' and his caste claim has been validated by the competent Committee. The petitioner, therefore, tendered application to school where he was studying for onward transmission to the Education Officer (Primary), Zilla Parishad, Osmanabad for issuing directions for affecting necessary corrections. The school authority forwarded the application with favourable recommendation to the Education Officer. The Education Officer (Primary) by his order dated 1st November, 2011 was pleased to reject the application recording that since the petitioner has left the school, the application is not maintainable.',
	(int) 3 => '<p> 3. The petitioner tendered appeal to the Deputy Director of Education, Latur Division, Latur,which was heard and disposed of by Deputy Director of Education, Latur Division, Latur on 30th January, 2012 and appeal came to be dismissed. The appellate authority has recorded in the order that rule 26.4, Appendix-Six of the Secondary Schools Code-2006 does not permit to make correction in the entries in respect of caste in the school record after pupil has left the school. According to the petitioner, reasons recorded by both the authorities for turning down his claim are erroneous and against the provisions of Secondary Schools Code, 2006. Rule 26.4 of the Secondary Schools Code, 2006 prescribe that application for change or correction of date of birth, name, surname, caste etc., as entered in the General Register shall be entertained from or on behalf of a pupil who is attending a school. It further provide that such application shall not be entertained from or on behalf of a pupil, who has left the school, as the same amounts not only to a change in the entries in the General Register but also to a change in the School Leaving Certificate. It has been further prescribed that, however, for the purposes like an admission to another educational institution the School Leaving certificate is relied upon as an evidence for name, surname, caste, date of birth etc., and in bonafide cases where wrong spelling of a word or an obvious mistake of the type mentioned in sub-rule 3 above is noticed any time after issue of the School Leaving Certificate and the same is required to be corrected so as to be consistent with the corresponding entries in the General Register of the school or those in the School Leaving Certificate issued by the previous school, such applications shall be entertained. The procedure to be followed in such cases is laid down in Appendix Six.',
	(int) 4 => '<p> 4. Rule 26.4 of the Secondary Schools Code, 2006 has been interpreted by the Division Bench of this Court in the matter of Shaikh Shafi Ahmed Khadarsab vs. The State of Maharashtra and others in Writ Petition No. 1138 of 2009 decided on 13<sup>th</sup> March, 2012. In paragraph-11 of the judgment cited supra, the Division Bench of this Court has observed thus:',
	(int) 5 => '<p> "11. For all these reasons, we hold that the instructions contained in para 26.4 of the S.S.Code that an application for change of an entry in the General Register of a school shall be entertained only on behalf of the pupil who is attending the school meaning thereby that it shall not be entertained on behalf of the pupil who has left the school, are directory and not mandatory. In our view, such an application can be entertained even after the pupil has left the school, provided the application is bona-fide and the pupil is able to satisfy that the original entry in the General Register of the school is erroneous. The application can be rejected if the entry is not shown to be erroneous and wrong. It, however, cannot be rejected without it being considered on merits, only on the technical ground that the application has been made after the pupil has left the school."',
	(int) 6 => '<p> 5. Appendix Six of the Secondary Schools Code, 2006 lays down the procedure in respect of making correction and change in names, surnames, caste/sub-caste, date of birth etc., Paragraph Nos.12 to 15 of Appendix Six reads thus:',
	(int) 7 => '<p> "<strong>Change in Caste or Sub-Caste (in respect of B.C. pupils only):</strong>',
	(int) 8 => '<p> (12) For making changes in caste or sub-caste of Backward Class pupils the guardian of the pupil shall make an application in Form No. 3 accompanying these rules.',
	(int) 9 => '<p> (13) Permission may be given to change the entries in the General Register of the school in respect of "caste" or "sub-caste" of Backward Class pupils in the following circumstances.',
	(int) 10 => '<p> (i) due to wrong entries made initially;',
	(int) 11 => '<p> (ii) due to change in religion;',
	(int) 12 => '<p> (iii) if the caste previously treated as non-backward was subsequently declared by Government as Backward or vice-versa.',
	(int) 13 => '<p> (iv) due to adoption;',
	(int) 14 => '<p> (v) due to inter-caste or inter-religion marriage;',
	(int) 15 => '<p> (14) For this purpose, the necessary certificates from the following authorities must accompany the application for change of caste or sub-caste:',
	(int) 16 => '<p> <strong>(a) For Reasons</strong>, (i),(ii) and (iii) above:',
	(int) 17 => '<p> In Greater Bombay (a) The Chief Presidency Magistrate or the Presidency Magistrate authorised by him;',
	(int) 18 => '<p> Or',
	(int) 19 => '<p> (b) Justice of Peace; or (Deleted)',
	(int) 20 => '<p> (c) Social, Welfare Officer, Greater Bombay, Bombay.',
	(int) 21 => '<p> In other areas (d) The District Magistrates or Executive Magistrates authorized by them;',
	(int) 22 => '<p> or',
	(int) 23 => '<p> (e) Honorary Magistrates; or (Deleted)',
	(int) 24 => '<p> (f) The Social Welfare Officer of the district concerned.',
	(int) 25 => '<p> (<strong>b) Due to adoption </strong>:',
	(int) 26 => '<p> The original adoption-deed or a certified copy of that deed or a certificate from stipendiary Magistrate showing the change in name (if any) and the caste or sub-caste changed as a result of adoption should accompany the application for change in caste or sub-caste.',
	(int) 27 => '<p> <strong>(c) Due to inter-caste or inter-religion marriage </strong>:',
	(int) 28 => '<p> A declaration by the parent or guardian attested by two witnesses and the student himself/herself or certified copy of the certificate of registration of marriage should accompany the application for change in caste or sub-caste along with the certificate from the concerned competent authority mentioned in (a) above showing that the caste or sub-caste has changed as a result of the marriage.',
	(int) 29 => '<p> <strong>(d) Due to any other reason </strong>:',
	(int) 30 => '<p> An affidavit made before a stipendiary Magistrate by the parent or guardian should accompany the application for change in caste of sub-caste.',
	(int) 31 => '<p> <strong>N.B</strong>.: The term "Backward Class" means and includes the following categories.',
	(int) 32 => '<table><tbody><tr><td>1<td>Scheduled castes and Schedule Caste converts to Buddhism.<td>As per Scheduled Castes and Scheduled Tribes Lists Modification Order, 1956, as adopted for Maharashtra State.</tr><tr><td>2<td>Scheduled Tribes including those outside specified areas.<td>Vide Part VII-A of the Seventh and Eighth Schedule of the Bombay Reorganisation Act, 1960 and orders issued by Government in this behalf from time to time.</tr><tr><td>3<td>DenotifiedTribes and Nomadic Tribes.<td>As per Government Resolution, Education and Social Welfare Deptt. No. CBC. 1361-M, dated 21<sup>st</sup> November 1961 and Government from time to time.</tr><tr><td>4<td>Other Classes.<td>Backward Castes which have been declared as belonging to the other Backward Classes by Government from time to time.</tr></tbody></table><strong>General</strong>:-<p> (Please also see Annexure 36).',
	(int) 33 => '<p> 15. An appeal against the decision of the Educational Inspector, Greater Bombay or as the case may be, the Education Officer, Zilla Parishad concerned, who has not sanctioned the change shall be submitted to the Deputy Director concerned within 30 days of the receipt of the order."',
	(int) 34 => '<p> 6. On fulfillment of requirements laid down under Appendix Six, the application tendered for effecting change in the entries recorded in school record can be entertained. Respondents were therefore not justified in turning down the application tendered by the petitioner on the ground that the entries recorded in the school record cannot be corrected after pupil has left school. The petition, therefore, deserves to be allowed and Education Officer (Primary), Zilla Parishad, Osmanabad is required to be directed to consider the application tendered by the petitioner to the school authorities and which has been forwarded to the Education Officer (Primary), Zilla Parishad, Osmanabad, in accordance with provisions of Secondary Schools Code, 2006. The orders passed by respondent Nos. 2 and 3 impugned in this petition, are quashed and set aside and the matter is remitted back to the Education Officer (Primary), Zilla Parishad, Osmanabad for reconsideration. The Education Officer (Primary), Zilla Parishad, Osmanabad shall proceed to take decision on the application in accordance with provisions of Secondary Schools Code, 2006 and the observations made in this judgment. The petitioner shall cause appearance before the Education Officer (Primary), Zilla Parishad, Osmanabad on 29th October, 2012 and as such, no separate notice requiring petitioner's appearance before respondent No. 3 shall be essential. Respondent No. 3 shall decide the application, as expeditiously as possible, preferably within eight (8) weeks from date of appearance of petitioner before him. Rule is accordingly made absolute. No order as to costs.',
	(int) 35 => '<p> 7. Pending civil application, if any, does not survive, same stands disposed of.',
	(int) 36 => ''
)
$paragraphAfter = (int) 1
$cnt = (int) 37
$i = (int) 21
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In other areas (d) The District Magistrates or Executive Magistrates authorized by them;

Notice (8): Undefined variable: query [APP/View/Case/amp.ctp, line 144]
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	'title_for_layout' => 'Vilas S O Dattatraya Ransubhe Vs the State of Maharashtra Through the Secretary School Education and Sports Department and Others - Citation 1105404 - Court Judgment | ',
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		'Judgement' => array(
			'id' => '1105404',
			'acts' => null,
			'appealno' => 'Writ Petition No.3266 of 2012 ',
			'appellant' => 'Vilas S/O Dattatraya Ransubhe',
			'authreffered' => null,
			'casename' => 'Vilas S/O Dattatraya Ransubhe Vs. the State of Maharashtra, Through the Secretary, School Education and Sports Department and Others',
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			'caseanalysis' => null,
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			'court' => 'Mumbai Aurangabad',
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			'decidedon' => '2012-10-08',
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			'favorof' => null,
			'findings' => null,
			'judge' => 'R.M. BORDE & S.S. SHINDE',
			'judgement' => '<p style="text-align: justify;"><strong>Oral Judgment : [ R.M. Borde, J.]</strong><p style="text-align: justify;"> Rule. Rule made returnable forthwith.</p><p style="text-align: justify;"> With consent of the parties, the petition is taken up for final disposal at admission stage.</p><p style="text-align: justify;"> 2. The petitioner claims to be belonging to Bhavsar Kshetriya caste which is included in Other Backward Class category. The petitioner is serving as Conductor in Maharashtra State Road Transport Corporation. The school record of the petitioner records caste as 'Hindu Maratha'. According to the petitioner, while securing admission in school, his father has erroneously recorded the entry as 'Hindu Maratha'. He further contends that old record pertaining to his father, uncle and other near relatives show that they belong to 'Bhavsar Kehstriya caste'. The petitioner has also been issued caste certificate by the competent authority. The son of the petitioner has also been issued caste certificate by the competent authority certifying that he belongs to 'Bhavsar Kshetriya caste' and his caste claim has been validated by the competent Committee. The petitioner, therefore, tendered application to school where he was studying for onward transmission to the Education Officer (Primary), Zilla Parishad, Osmanabad for issuing directions for affecting necessary corrections. The school authority forwarded the application with favourable recommendation to the Education Officer. The Education Officer (Primary) by his order dated 1st November, 2011 was pleased to reject the application recording that since the petitioner has left the school, the application is not maintainable.</p><p style="text-align: justify;"> 3. The petitioner tendered appeal to the Deputy Director of Education, Latur Division, Latur,which was heard and disposed of by Deputy Director of Education, Latur Division, Latur on 30th January, 2012 and appeal came to be dismissed. The appellate authority has recorded in the order that rule 26.4, Appendix-Six of the Secondary Schools Code-2006 does not permit to make correction in the entries in respect of caste in the school record after pupil has left the school. According to the petitioner, reasons recorded by both the authorities for turning down his claim are erroneous and against the provisions of Secondary Schools Code, 2006. Rule 26.4 of the Secondary Schools Code, 2006 prescribe that application for change or correction of date of birth, name, surname, caste etc., as entered in the General Register shall be entertained from or on behalf of a pupil who is attending a school. It further provide that such application shall not be entertained from or on behalf of a pupil, who has left the school, as the same amounts not only to a change in the entries in the General Register but also to a change in the School Leaving Certificate. It has been further prescribed that, however, for the purposes like an admission to another educational institution the School Leaving certificate is relied upon as an evidence for name, surname, caste, date of birth etc., and in bonafide cases where wrong spelling of a word or an obvious mistake of the type mentioned in sub-rule 3 above is noticed any time after issue of the School Leaving Certificate and the same is required to be corrected so as to be consistent with the corresponding entries in the General Register of the school or those in the School Leaving Certificate issued by the previous school, such applications shall be entertained. The procedure to be followed in such cases is laid down in Appendix Six.</p><p style="text-align: justify;"> 4. Rule 26.4 of the Secondary Schools Code, 2006 has been interpreted by the Division Bench of this Court in the matter of Shaikh Shafi Ahmed Khadarsab vs. The State of Maharashtra and others in Writ Petition No. 1138 of 2009 decided on 13<sup>th</sup> March, 2012. In paragraph-11 of the judgment cited supra, the Division Bench of this Court has observed thus:</p><p style="text-align: justify;"> "11. For all these reasons, we hold that the instructions contained in para 26.4 of the S.S.Code that an application for change of an entry in the General Register of a school shall be entertained only on behalf of the pupil who is attending the school meaning thereby that it shall not be entertained on behalf of the pupil who has left the school, are directory and not mandatory. In our view, such an application can be entertained even after the pupil has left the school, provided the application is bona-fide and the pupil is able to satisfy that the original entry in the General Register of the school is erroneous. The application can be rejected if the entry is not shown to be erroneous and wrong. It, however, cannot be rejected without it being considered on merits, only on the technical ground that the application has been made after the pupil has left the school."</p><p style="text-align: justify;"> 5. Appendix Six of the Secondary Schools Code, 2006 lays down the procedure in respect of making correction and change in names, surnames, caste/sub-caste, date of birth etc., Paragraph Nos.12 to 15 of Appendix Six reads thus:</p><p style="text-align: justify;"> "<strong>Change in Caste or Sub-Caste (in respect of B.C. pupils only):</strong></p><p style="text-align: justify;"> (12) For making changes in caste or sub-caste of Backward Class pupils the guardian of the pupil shall make an application in Form No. 3 accompanying these rules.</p><p style="text-align: justify;"> (13) Permission may be given to change the entries in the General Register of the school in respect of "caste" or "sub-caste" of Backward Class pupils in the following circumstances.</p><p style="text-align: justify;"> (i) due to wrong entries made initially;</p><p style="text-align: justify;"> (ii) due to change in religion;</p><p style="text-align: justify;"> (iii) if the caste previously treated as non-backward was subsequently declared by Government as Backward or vice-versa.</p><p style="text-align: justify;"> (iv) due to adoption;</p><p style="text-align: justify;"> (v) due to inter-caste or inter-religion marriage;</p><p style="text-align: justify;"> (14) For this purpose, the necessary certificates from the following authorities must accompany the application for change of caste or sub-caste:</p><p style="text-align: justify;"> <strong>(a) For Reasons</strong>, (i),(ii) and (iii) above:</p><p style="text-align: justify;"> In Greater Bombay (a) The Chief Presidency Magistrate or the Presidency Magistrate authorised by him;</p><p style="text-align: justify;"> Or</p><p style="text-align: justify;"> (b) Justice of Peace; or (Deleted)</p><p style="text-align: justify;"> (c) Social, Welfare Officer, Greater Bombay, Bombay.</p><p style="text-align: justify;"> In other areas (d) The District Magistrates or Executive Magistrates authorized by them;</p><p style="text-align: justify;"> or</p><p style="text-align: justify;"> (e) Honorary Magistrates; or (Deleted)</p><p style="text-align: justify;"> (f) The Social Welfare Officer of the district concerned.</p><p style="text-align: justify;"> (<strong>b) Due to adoption </strong>:</p><p style="text-align: justify;"> The original adoption-deed or a certified copy of that deed or a certificate from stipendiary Magistrate showing the change in name (if any) and the caste or sub-caste changed as a result of adoption should accompany the application for change in caste or sub-caste.</p><p style="text-align: justify;"> <strong>(c) Due to inter-caste or inter-religion marriage </strong>:</p><p style="text-align: justify;"> A declaration by the parent or guardian attested by two witnesses and the student himself/herself or certified copy of the certificate of registration of marriage should accompany the application for change in caste or sub-caste along with the certificate from the concerned competent authority mentioned in (a) above showing that the caste or sub-caste has changed as a result of the marriage.</p><p style="text-align: justify;"> <strong>(d) Due to any other reason </strong>:</p><p style="text-align: justify;"> An affidavit made before a stipendiary Magistrate by the parent or guardian should accompany the application for change in caste of sub-caste.</p><p style="text-align: justify;"> <strong>N.B</strong>.: The term "Backward Class" means and includes the following categories.</p><table border="1" cellpadding="0" cellspacing="0"><tbody><tr><td style="width: 43px">1<td style="width: 251px">Scheduled castes and Schedule Caste converts to Buddhism.<td style="width: 282px">As per Scheduled Castes and Scheduled Tribes Lists Modification Order, 1956, as adopted for Maharashtra State.</tr><tr><td style="width: 43px">2<td style="width: 251px">Scheduled Tribes including those outside specified areas.<td style="width: 282px">Vide Part VII-A of the Seventh and Eighth Schedule of the Bombay Reorganisation Act, 1960 and orders issued by Government in this behalf from time to time.</tr><tr><td style="width: 43px">3<td style="width: 251px">DenotifiedTribes and Nomadic Tribes.<td style="width: 282px">As per Government Resolution, Education and Social Welfare Deptt. No. CBC. 1361-M, dated 21<sup>st</sup> November 1961 and Government from time to time.</tr><tr><td style="width: 43px">4<td style="width: 251px">Other Classes.<td style="width: 282px">Backward Castes which have been declared as belonging to the other Backward Classes by Government from time to time.</tr></tbody></table><strong>General</strong>:-<p style="text-align: justify;"> (Please also see Annexure 36).</p><p style="text-align: justify;"> 15. An appeal against the decision of the Educational Inspector, Greater Bombay or as the case may be, the Education Officer, Zilla Parishad concerned, who has not sanctioned the change shall be submitted to the Deputy Director concerned within 30 days of the receipt of the order."</p><p style="text-align: justify;"> 6. On fulfillment of requirements laid down under Appendix Six, the application tendered for effecting change in the entries recorded in school record can be entertained. Respondents were therefore not justified in turning down the application tendered by the petitioner on the ground that the entries recorded in the school record cannot be corrected after pupil has left school. The petition, therefore, deserves to be allowed and Education Officer (Primary), Zilla Parishad, Osmanabad is required to be directed to consider the application tendered by the petitioner to the school authorities and which has been forwarded to the Education Officer (Primary), Zilla Parishad, Osmanabad, in accordance with provisions of Secondary Schools Code, 2006. The orders passed by respondent Nos. 2 and 3 impugned in this petition, are quashed and set aside and the matter is remitted back to the Education Officer (Primary), Zilla Parishad, Osmanabad for reconsideration. The Education Officer (Primary), Zilla Parishad, Osmanabad shall proceed to take decision on the application in accordance with provisions of Secondary Schools Code, 2006 and the observations made in this judgment. The petitioner shall cause appearance before the Education Officer (Primary), Zilla Parishad, Osmanabad on 29th October, 2012 and as such, no separate notice requiring petitioner's appearance before respondent No. 3 shall be essential. Respondent No. 3 shall decide the application, as expeditiously as possible, preferably within eight (8) weeks from date of appearance of petitioner before him. Rule is accordingly made absolute. No order as to costs.</p><p style="text-align: justify;"> 7. Pending civil application, if any, does not survive, same stands disposed of.</p>',
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		'id' => '1105404',
		'acts' => null,
		'appealno' => 'Writ Petition No.3266 of 2012 ',
		'appellant' => 'Vilas S/O Dattatraya Ransubhe',
		'authreffered' => null,
		'casename' => 'Vilas S/O Dattatraya Ransubhe Vs. the State of Maharashtra, Through the Secretary, School Education and Sports Department and Others',
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		'judgement' => '<p><strong>Oral Judgment : [ R.M. Borde, J.]</strong><p> Rule. Rule made returnable forthwith.</p><p> With consent of the parties, the petition is taken up for final disposal at admission stage.</p><p> 2. The petitioner claims to be belonging to Bhavsar Kshetriya caste which is included in Other Backward Class category. The petitioner is serving as Conductor in Maharashtra State Road Transport Corporation. The school record of the petitioner records caste as 'Hindu Maratha'. According to the petitioner, while securing admission in school, his father has erroneously recorded the entry as 'Hindu Maratha'. He further contends that old record pertaining to his father, uncle and other near relatives show that they belong to 'Bhavsar Kehstriya caste'. The petitioner has also been issued caste certificate by the competent authority. The son of the petitioner has also been issued caste certificate by the competent authority certifying that he belongs to 'Bhavsar Kshetriya caste' and his caste claim has been validated by the competent Committee. The petitioner, therefore, tendered application to school where he was studying for onward transmission to the Education Officer (Primary), Zilla Parishad, Osmanabad for issuing directions for affecting necessary corrections. The school authority forwarded the application with favourable recommendation to the Education Officer. The Education Officer (Primary) by his order dated 1st November, 2011 was pleased to reject the application recording that since the petitioner has left the school, the application is not maintainable.</p><p> 3. The petitioner tendered appeal to the Deputy Director of Education, Latur Division, Latur,which was heard and disposed of by Deputy Director of Education, Latur Division, Latur on 30th January, 2012 and appeal came to be dismissed. The appellate authority has recorded in the order that rule 26.4, Appendix-Six of the Secondary Schools Code-2006 does not permit to make correction in the entries in respect of caste in the school record after pupil has left the school. According to the petitioner, reasons recorded by both the authorities for turning down his claim are erroneous and against the provisions of Secondary Schools Code, 2006. Rule 26.4 of the Secondary Schools Code, 2006 prescribe that application for change or correction of date of birth, name, surname, caste etc., as entered in the General Register shall be entertained from or on behalf of a pupil who is attending a school. It further provide that such application shall not be entertained from or on behalf of a pupil, who has left the school, as the same amounts not only to a change in the entries in the General Register but also to a change in the School Leaving Certificate. It has been further prescribed that, however, for the purposes like an admission to another educational institution the School Leaving certificate is relied upon as an evidence for name, surname, caste, date of birth etc., and in bonafide cases where wrong spelling of a word or an obvious mistake of the type mentioned in sub-rule 3 above is noticed any time after issue of the School Leaving Certificate and the same is required to be corrected so as to be consistent with the corresponding entries in the General Register of the school or those in the School Leaving Certificate issued by the previous school, such applications shall be entertained. The procedure to be followed in such cases is laid down in Appendix Six.</p><p> 4. Rule 26.4 of the Secondary Schools Code, 2006 has been interpreted by the Division Bench of this Court in the matter of Shaikh Shafi Ahmed Khadarsab vs. The State of Maharashtra and others in Writ Petition No. 1138 of 2009 decided on 13<sup>th</sup> March, 2012. In paragraph-11 of the judgment cited supra, the Division Bench of this Court has observed thus:</p><p> "11. For all these reasons, we hold that the instructions contained in para 26.4 of the S.S.Code that an application for change of an entry in the General Register of a school shall be entertained only on behalf of the pupil who is attending the school meaning thereby that it shall not be entertained on behalf of the pupil who has left the school, are directory and not mandatory. In our view, such an application can be entertained even after the pupil has left the school, provided the application is bona-fide and the pupil is able to satisfy that the original entry in the General Register of the school is erroneous. The application can be rejected if the entry is not shown to be erroneous and wrong. It, however, cannot be rejected without it being considered on merits, only on the technical ground that the application has been made after the pupil has left the school."</p><p> 5. Appendix Six of the Secondary Schools Code, 2006 lays down the procedure in respect of making correction and change in names, surnames, caste/sub-caste, date of birth etc., Paragraph Nos.12 to 15 of Appendix Six reads thus:</p><p> "<strong>Change in Caste or Sub-Caste (in respect of B.C. pupils only):</strong></p><p> (12) For making changes in caste or sub-caste of Backward Class pupils the guardian of the pupil shall make an application in Form No. 3 accompanying these rules.</p><p> (13) Permission may be given to change the entries in the General Register of the school in respect of "caste" or "sub-caste" of Backward Class pupils in the following circumstances.</p><p> (i) due to wrong entries made initially;</p><p> (ii) due to change in religion;</p><p> (iii) if the caste previously treated as non-backward was subsequently declared by Government as Backward or vice-versa.</p><p> (iv) due to adoption;</p><p> (v) due to inter-caste or inter-religion marriage;</p><p> (14) For this purpose, the necessary certificates from the following authorities must accompany the application for change of caste or sub-caste:</p><p> <strong>(a) For Reasons</strong>, (i),(ii) and (iii) above:</p><p> In Greater Bombay (a) The Chief Presidency Magistrate or the Presidency Magistrate authorised by him;</p><p> Or</p><p> (b) Justice of Peace; or (Deleted)</p><p> (c) Social, Welfare Officer, Greater Bombay, Bombay.</p><p> In other areas (d) The District Magistrates or Executive Magistrates authorized by them;</p><p> or</p><p> (e) Honorary Magistrates; or (Deleted)</p><p> (f) The Social Welfare Officer of the district concerned.</p><p> (<strong>b) Due to adoption </strong>:</p><p> The original adoption-deed or a certified copy of that deed or a certificate from stipendiary Magistrate showing the change in name (if any) and the caste or sub-caste changed as a result of adoption should accompany the application for change in caste or sub-caste.</p><p> <strong>(c) Due to inter-caste or inter-religion marriage </strong>:</p><p> A declaration by the parent or guardian attested by two witnesses and the student himself/herself or certified copy of the certificate of registration of marriage should accompany the application for change in caste or sub-caste along with the certificate from the concerned competent authority mentioned in (a) above showing that the caste or sub-caste has changed as a result of the marriage.</p><p> <strong>(d) Due to any other reason </strong>:</p><p> An affidavit made before a stipendiary Magistrate by the parent or guardian should accompany the application for change in caste of sub-caste.</p><p> <strong>N.B</strong>.: The term "Backward Class" means and includes the following categories.</p><table><tbody><tr><td>1<td>Scheduled castes and Schedule Caste converts to Buddhism.<td>As per Scheduled Castes and Scheduled Tribes Lists Modification Order, 1956, as adopted for Maharashtra State.</tr><tr><td>2<td>Scheduled Tribes including those outside specified areas.<td>Vide Part VII-A of the Seventh and Eighth Schedule of the Bombay Reorganisation Act, 1960 and orders issued by Government in this behalf from time to time.</tr><tr><td>3<td>DenotifiedTribes and Nomadic Tribes.<td>As per Government Resolution, Education and Social Welfare Deptt. No. CBC. 1361-M, dated 21<sup>st</sup> November 1961 and Government from time to time.</tr><tr><td>4<td>Other Classes.<td>Backward Castes which have been declared as belonging to the other Backward Classes by Government from time to time.</tr></tbody></table><strong>General</strong>:-<p> (Please also see Annexure 36).</p><p> 15. An appeal against the decision of the Educational Inspector, Greater Bombay or as the case may be, the Education Officer, Zilla Parishad concerned, who has not sanctioned the change shall be submitted to the Deputy Director concerned within 30 days of the receipt of the order."</p><p> 6. On fulfillment of requirements laid down under Appendix Six, the application tendered for effecting change in the entries recorded in school record can be entertained. Respondents were therefore not justified in turning down the application tendered by the petitioner on the ground that the entries recorded in the school record cannot be corrected after pupil has left school. The petition, therefore, deserves to be allowed and Education Officer (Primary), Zilla Parishad, Osmanabad is required to be directed to consider the application tendered by the petitioner to the school authorities and which has been forwarded to the Education Officer (Primary), Zilla Parishad, Osmanabad, in accordance with provisions of Secondary Schools Code, 2006. The orders passed by respondent Nos. 2 and 3 impugned in this petition, are quashed and set aside and the matter is remitted back to the Education Officer (Primary), Zilla Parishad, Osmanabad for reconsideration. The Education Officer (Primary), Zilla Parishad, Osmanabad shall proceed to take decision on the application in accordance with provisions of Secondary Schools Code, 2006 and the observations made in this judgment. The petitioner shall cause appearance before the Education Officer (Primary), Zilla Parishad, Osmanabad on 29th October, 2012 and as such, no separate notice requiring petitioner's appearance before respondent No. 3 shall be essential. Respondent No. 3 shall decide the application, as expeditiously as possible, preferably within eight (8) weeks from date of appearance of petitioner before him. Rule is accordingly made absolute. No order as to costs.</p><p> 7. Pending civil application, if any, does not survive, same stands disposed of.</p>',
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	(int) 0 => '<p><strong>Oral Judgment : [ R.M. Borde, J.]</strong><p> Rule. Rule made returnable forthwith.',
	(int) 1 => '<p> With consent of the parties, the petition is taken up for final disposal at admission stage.',
	(int) 2 => '<p> 2. The petitioner claims to be belonging to Bhavsar Kshetriya caste which is included in Other Backward Class category. The petitioner is serving as Conductor in Maharashtra State Road Transport Corporation. The school record of the petitioner records caste as 'Hindu Maratha'. According to the petitioner, while securing admission in school, his father has erroneously recorded the entry as 'Hindu Maratha'. He further contends that old record pertaining to his father, uncle and other near relatives show that they belong to 'Bhavsar Kehstriya caste'. The petitioner has also been issued caste certificate by the competent authority. The son of the petitioner has also been issued caste certificate by the competent authority certifying that he belongs to 'Bhavsar Kshetriya caste' and his caste claim has been validated by the competent Committee. The petitioner, therefore, tendered application to school where he was studying for onward transmission to the Education Officer (Primary), Zilla Parishad, Osmanabad for issuing directions for affecting necessary corrections. The school authority forwarded the application with favourable recommendation to the Education Officer. The Education Officer (Primary) by his order dated 1st November, 2011 was pleased to reject the application recording that since the petitioner has left the school, the application is not maintainable.',
	(int) 3 => '<p> 3. The petitioner tendered appeal to the Deputy Director of Education, Latur Division, Latur,which was heard and disposed of by Deputy Director of Education, Latur Division, Latur on 30th January, 2012 and appeal came to be dismissed. The appellate authority has recorded in the order that rule 26.4, Appendix-Six of the Secondary Schools Code-2006 does not permit to make correction in the entries in respect of caste in the school record after pupil has left the school. According to the petitioner, reasons recorded by both the authorities for turning down his claim are erroneous and against the provisions of Secondary Schools Code, 2006. Rule 26.4 of the Secondary Schools Code, 2006 prescribe that application for change or correction of date of birth, name, surname, caste etc., as entered in the General Register shall be entertained from or on behalf of a pupil who is attending a school. It further provide that such application shall not be entertained from or on behalf of a pupil, who has left the school, as the same amounts not only to a change in the entries in the General Register but also to a change in the School Leaving Certificate. It has been further prescribed that, however, for the purposes like an admission to another educational institution the School Leaving certificate is relied upon as an evidence for name, surname, caste, date of birth etc., and in bonafide cases where wrong spelling of a word or an obvious mistake of the type mentioned in sub-rule 3 above is noticed any time after issue of the School Leaving Certificate and the same is required to be corrected so as to be consistent with the corresponding entries in the General Register of the school or those in the School Leaving Certificate issued by the previous school, such applications shall be entertained. The procedure to be followed in such cases is laid down in Appendix Six.',
	(int) 4 => '<p> 4. Rule 26.4 of the Secondary Schools Code, 2006 has been interpreted by the Division Bench of this Court in the matter of Shaikh Shafi Ahmed Khadarsab vs. The State of Maharashtra and others in Writ Petition No. 1138 of 2009 decided on 13<sup>th</sup> March, 2012. In paragraph-11 of the judgment cited supra, the Division Bench of this Court has observed thus:',
	(int) 5 => '<p> "11. For all these reasons, we hold that the instructions contained in para 26.4 of the S.S.Code that an application for change of an entry in the General Register of a school shall be entertained only on behalf of the pupil who is attending the school meaning thereby that it shall not be entertained on behalf of the pupil who has left the school, are directory and not mandatory. In our view, such an application can be entertained even after the pupil has left the school, provided the application is bona-fide and the pupil is able to satisfy that the original entry in the General Register of the school is erroneous. The application can be rejected if the entry is not shown to be erroneous and wrong. It, however, cannot be rejected without it being considered on merits, only on the technical ground that the application has been made after the pupil has left the school."',
	(int) 6 => '<p> 5. Appendix Six of the Secondary Schools Code, 2006 lays down the procedure in respect of making correction and change in names, surnames, caste/sub-caste, date of birth etc., Paragraph Nos.12 to 15 of Appendix Six reads thus:',
	(int) 7 => '<p> "<strong>Change in Caste or Sub-Caste (in respect of B.C. pupils only):</strong>',
	(int) 8 => '<p> (12) For making changes in caste or sub-caste of Backward Class pupils the guardian of the pupil shall make an application in Form No. 3 accompanying these rules.',
	(int) 9 => '<p> (13) Permission may be given to change the entries in the General Register of the school in respect of "caste" or "sub-caste" of Backward Class pupils in the following circumstances.',
	(int) 10 => '<p> (i) due to wrong entries made initially;',
	(int) 11 => '<p> (ii) due to change in religion;',
	(int) 12 => '<p> (iii) if the caste previously treated as non-backward was subsequently declared by Government as Backward or vice-versa.',
	(int) 13 => '<p> (iv) due to adoption;',
	(int) 14 => '<p> (v) due to inter-caste or inter-religion marriage;',
	(int) 15 => '<p> (14) For this purpose, the necessary certificates from the following authorities must accompany the application for change of caste or sub-caste:',
	(int) 16 => '<p> <strong>(a) For Reasons</strong>, (i),(ii) and (iii) above:',
	(int) 17 => '<p> In Greater Bombay (a) The Chief Presidency Magistrate or the Presidency Magistrate authorised by him;',
	(int) 18 => '<p> Or',
	(int) 19 => '<p> (b) Justice of Peace; or (Deleted)',
	(int) 20 => '<p> (c) Social, Welfare Officer, Greater Bombay, Bombay.',
	(int) 21 => '<p> In other areas (d) The District Magistrates or Executive Magistrates authorized by them;',
	(int) 22 => '<p> or',
	(int) 23 => '<p> (e) Honorary Magistrates; or (Deleted)',
	(int) 24 => '<p> (f) The Social Welfare Officer of the district concerned.',
	(int) 25 => '<p> (<strong>b) Due to adoption </strong>:',
	(int) 26 => '<p> The original adoption-deed or a certified copy of that deed or a certificate from stipendiary Magistrate showing the change in name (if any) and the caste or sub-caste changed as a result of adoption should accompany the application for change in caste or sub-caste.',
	(int) 27 => '<p> <strong>(c) Due to inter-caste or inter-religion marriage </strong>:',
	(int) 28 => '<p> A declaration by the parent or guardian attested by two witnesses and the student himself/herself or certified copy of the certificate of registration of marriage should accompany the application for change in caste or sub-caste along with the certificate from the concerned competent authority mentioned in (a) above showing that the caste or sub-caste has changed as a result of the marriage.',
	(int) 29 => '<p> <strong>(d) Due to any other reason </strong>:',
	(int) 30 => '<p> An affidavit made before a stipendiary Magistrate by the parent or guardian should accompany the application for change in caste of sub-caste.',
	(int) 31 => '<p> <strong>N.B</strong>.: The term "Backward Class" means and includes the following categories.',
	(int) 32 => '<table><tbody><tr><td>1<td>Scheduled castes and Schedule Caste converts to Buddhism.<td>As per Scheduled Castes and Scheduled Tribes Lists Modification Order, 1956, as adopted for Maharashtra State.</tr><tr><td>2<td>Scheduled Tribes including those outside specified areas.<td>Vide Part VII-A of the Seventh and Eighth Schedule of the Bombay Reorganisation Act, 1960 and orders issued by Government in this behalf from time to time.</tr><tr><td>3<td>DenotifiedTribes and Nomadic Tribes.<td>As per Government Resolution, Education and Social Welfare Deptt. No. CBC. 1361-M, dated 21<sup>st</sup> November 1961 and Government from time to time.</tr><tr><td>4<td>Other Classes.<td>Backward Castes which have been declared as belonging to the other Backward Classes by Government from time to time.</tr></tbody></table><strong>General</strong>:-<p> (Please also see Annexure 36).',
	(int) 33 => '<p> 15. An appeal against the decision of the Educational Inspector, Greater Bombay or as the case may be, the Education Officer, Zilla Parishad concerned, who has not sanctioned the change shall be submitted to the Deputy Director concerned within 30 days of the receipt of the order."',
	(int) 34 => '<p> 6. On fulfillment of requirements laid down under Appendix Six, the application tendered for effecting change in the entries recorded in school record can be entertained. Respondents were therefore not justified in turning down the application tendered by the petitioner on the ground that the entries recorded in the school record cannot be corrected after pupil has left school. The petition, therefore, deserves to be allowed and Education Officer (Primary), Zilla Parishad, Osmanabad is required to be directed to consider the application tendered by the petitioner to the school authorities and which has been forwarded to the Education Officer (Primary), Zilla Parishad, Osmanabad, in accordance with provisions of Secondary Schools Code, 2006. The orders passed by respondent Nos. 2 and 3 impugned in this petition, are quashed and set aside and the matter is remitted back to the Education Officer (Primary), Zilla Parishad, Osmanabad for reconsideration. The Education Officer (Primary), Zilla Parishad, Osmanabad shall proceed to take decision on the application in accordance with provisions of Secondary Schools Code, 2006 and the observations made in this judgment. The petitioner shall cause appearance before the Education Officer (Primary), Zilla Parishad, Osmanabad on 29th October, 2012 and as such, no separate notice requiring petitioner's appearance before respondent No. 3 shall be essential. Respondent No. 3 shall decide the application, as expeditiously as possible, preferably within eight (8) weeks from date of appearance of petitioner before him. Rule is accordingly made absolute. No order as to costs.',
	(int) 35 => '<p> 7. Pending civil application, if any, does not survive, same stands disposed of.',
	(int) 36 => ''
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	'title_for_layout' => 'Vilas S O Dattatraya Ransubhe Vs the State of Maharashtra Through the Secretary School Education and Sports Department and Others - Citation 1105404 - Court Judgment | ',
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		'Judgement' => array(
			'id' => '1105404',
			'acts' => null,
			'appealno' => 'Writ Petition No.3266 of 2012 ',
			'appellant' => 'Vilas S/O Dattatraya Ransubhe',
			'authreffered' => null,
			'casename' => 'Vilas S/O Dattatraya Ransubhe Vs. the State of Maharashtra, Through the Secretary, School Education and Sports Department and Others',
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			'counselplain' => null,
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			'court' => 'Mumbai Aurangabad',
			'court_type' => 'HC',
			'decidedon' => '2012-10-08',
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			'judge' => 'R.M. BORDE & S.S. SHINDE',
			'judgement' => '<p style="text-align: justify;"><strong>Oral Judgment : [ R.M. Borde, J.]</strong><p style="text-align: justify;"> Rule. Rule made returnable forthwith.</p><p style="text-align: justify;"> With consent of the parties, the petition is taken up for final disposal at admission stage.</p><p style="text-align: justify;"> 2. The petitioner claims to be belonging to Bhavsar Kshetriya caste which is included in Other Backward Class category. The petitioner is serving as Conductor in Maharashtra State Road Transport Corporation. The school record of the petitioner records caste as 'Hindu Maratha'. According to the petitioner, while securing admission in school, his father has erroneously recorded the entry as 'Hindu Maratha'. He further contends that old record pertaining to his father, uncle and other near relatives show that they belong to 'Bhavsar Kehstriya caste'. The petitioner has also been issued caste certificate by the competent authority. The son of the petitioner has also been issued caste certificate by the competent authority certifying that he belongs to 'Bhavsar Kshetriya caste' and his caste claim has been validated by the competent Committee. The petitioner, therefore, tendered application to school where he was studying for onward transmission to the Education Officer (Primary), Zilla Parishad, Osmanabad for issuing directions for affecting necessary corrections. The school authority forwarded the application with favourable recommendation to the Education Officer. The Education Officer (Primary) by his order dated 1st November, 2011 was pleased to reject the application recording that since the petitioner has left the school, the application is not maintainable.</p><p style="text-align: justify;"> 3. The petitioner tendered appeal to the Deputy Director of Education, Latur Division, Latur,which was heard and disposed of by Deputy Director of Education, Latur Division, Latur on 30th January, 2012 and appeal came to be dismissed. The appellate authority has recorded in the order that rule 26.4, Appendix-Six of the Secondary Schools Code-2006 does not permit to make correction in the entries in respect of caste in the school record after pupil has left the school. According to the petitioner, reasons recorded by both the authorities for turning down his claim are erroneous and against the provisions of Secondary Schools Code, 2006. Rule 26.4 of the Secondary Schools Code, 2006 prescribe that application for change or correction of date of birth, name, surname, caste etc., as entered in the General Register shall be entertained from or on behalf of a pupil who is attending a school. It further provide that such application shall not be entertained from or on behalf of a pupil, who has left the school, as the same amounts not only to a change in the entries in the General Register but also to a change in the School Leaving Certificate. It has been further prescribed that, however, for the purposes like an admission to another educational institution the School Leaving certificate is relied upon as an evidence for name, surname, caste, date of birth etc., and in bonafide cases where wrong spelling of a word or an obvious mistake of the type mentioned in sub-rule 3 above is noticed any time after issue of the School Leaving Certificate and the same is required to be corrected so as to be consistent with the corresponding entries in the General Register of the school or those in the School Leaving Certificate issued by the previous school, such applications shall be entertained. The procedure to be followed in such cases is laid down in Appendix Six.</p><p style="text-align: justify;"> 4. Rule 26.4 of the Secondary Schools Code, 2006 has been interpreted by the Division Bench of this Court in the matter of Shaikh Shafi Ahmed Khadarsab vs. The State of Maharashtra and others in Writ Petition No. 1138 of 2009 decided on 13<sup>th</sup> March, 2012. In paragraph-11 of the judgment cited supra, the Division Bench of this Court has observed thus:</p><p style="text-align: justify;"> "11. For all these reasons, we hold that the instructions contained in para 26.4 of the S.S.Code that an application for change of an entry in the General Register of a school shall be entertained only on behalf of the pupil who is attending the school meaning thereby that it shall not be entertained on behalf of the pupil who has left the school, are directory and not mandatory. In our view, such an application can be entertained even after the pupil has left the school, provided the application is bona-fide and the pupil is able to satisfy that the original entry in the General Register of the school is erroneous. The application can be rejected if the entry is not shown to be erroneous and wrong. It, however, cannot be rejected without it being considered on merits, only on the technical ground that the application has been made after the pupil has left the school."</p><p style="text-align: justify;"> 5. Appendix Six of the Secondary Schools Code, 2006 lays down the procedure in respect of making correction and change in names, surnames, caste/sub-caste, date of birth etc., Paragraph Nos.12 to 15 of Appendix Six reads thus:</p><p style="text-align: justify;"> "<strong>Change in Caste or Sub-Caste (in respect of B.C. pupils only):</strong></p><p style="text-align: justify;"> (12) For making changes in caste or sub-caste of Backward Class pupils the guardian of the pupil shall make an application in Form No. 3 accompanying these rules.</p><p style="text-align: justify;"> (13) Permission may be given to change the entries in the General Register of the school in respect of "caste" or "sub-caste" of Backward Class pupils in the following circumstances.</p><p style="text-align: justify;"> (i) due to wrong entries made initially;</p><p style="text-align: justify;"> (ii) due to change in religion;</p><p style="text-align: justify;"> (iii) if the caste previously treated as non-backward was subsequently declared by Government as Backward or vice-versa.</p><p style="text-align: justify;"> (iv) due to adoption;</p><p style="text-align: justify;"> (v) due to inter-caste or inter-religion marriage;</p><p style="text-align: justify;"> (14) For this purpose, the necessary certificates from the following authorities must accompany the application for change of caste or sub-caste:</p><p style="text-align: justify;"> <strong>(a) For Reasons</strong>, (i),(ii) and (iii) above:</p><p style="text-align: justify;"> In Greater Bombay (a) The Chief Presidency Magistrate or the Presidency Magistrate authorised by him;</p><p style="text-align: justify;"> Or</p><p style="text-align: justify;"> (b) Justice of Peace; or (Deleted)</p><p style="text-align: justify;"> (c) Social, Welfare Officer, Greater Bombay, Bombay.</p><p style="text-align: justify;"> In other areas (d) The District Magistrates or Executive Magistrates authorized by them;</p><p style="text-align: justify;"> or</p><p style="text-align: justify;"> (e) Honorary Magistrates; or (Deleted)</p><p style="text-align: justify;"> (f) The Social Welfare Officer of the district concerned.</p><p style="text-align: justify;"> (<strong>b) Due to adoption </strong>:</p><p style="text-align: justify;"> The original adoption-deed or a certified copy of that deed or a certificate from stipendiary Magistrate showing the change in name (if any) and the caste or sub-caste changed as a result of adoption should accompany the application for change in caste or sub-caste.</p><p style="text-align: justify;"> <strong>(c) Due to inter-caste or inter-religion marriage </strong>:</p><p style="text-align: justify;"> A declaration by the parent or guardian attested by two witnesses and the student himself/herself or certified copy of the certificate of registration of marriage should accompany the application for change in caste or sub-caste along with the certificate from the concerned competent authority mentioned in (a) above showing that the caste or sub-caste has changed as a result of the marriage.</p><p style="text-align: justify;"> <strong>(d) Due to any other reason </strong>:</p><p style="text-align: justify;"> An affidavit made before a stipendiary Magistrate by the parent or guardian should accompany the application for change in caste of sub-caste.</p><p style="text-align: justify;"> <strong>N.B</strong>.: The term "Backward Class" means and includes the following categories.</p><table border="1" cellpadding="0" cellspacing="0"><tbody><tr><td style="width: 43px">1<td style="width: 251px">Scheduled castes and Schedule Caste converts to Buddhism.<td style="width: 282px">As per Scheduled Castes and Scheduled Tribes Lists Modification Order, 1956, as adopted for Maharashtra State.</tr><tr><td style="width: 43px">2<td style="width: 251px">Scheduled Tribes including those outside specified areas.<td style="width: 282px">Vide Part VII-A of the Seventh and Eighth Schedule of the Bombay Reorganisation Act, 1960 and orders issued by Government in this behalf from time to time.</tr><tr><td style="width: 43px">3<td style="width: 251px">DenotifiedTribes and Nomadic Tribes.<td style="width: 282px">As per Government Resolution, Education and Social Welfare Deptt. No. CBC. 1361-M, dated 21<sup>st</sup> November 1961 and Government from time to time.</tr><tr><td style="width: 43px">4<td style="width: 251px">Other Classes.<td style="width: 282px">Backward Castes which have been declared as belonging to the other Backward Classes by Government from time to time.</tr></tbody></table><strong>General</strong>:-<p style="text-align: justify;"> (Please also see Annexure 36).</p><p style="text-align: justify;"> 15. An appeal against the decision of the Educational Inspector, Greater Bombay or as the case may be, the Education Officer, Zilla Parishad concerned, who has not sanctioned the change shall be submitted to the Deputy Director concerned within 30 days of the receipt of the order."</p><p style="text-align: justify;"> 6. On fulfillment of requirements laid down under Appendix Six, the application tendered for effecting change in the entries recorded in school record can be entertained. Respondents were therefore not justified in turning down the application tendered by the petitioner on the ground that the entries recorded in the school record cannot be corrected after pupil has left school. The petition, therefore, deserves to be allowed and Education Officer (Primary), Zilla Parishad, Osmanabad is required to be directed to consider the application tendered by the petitioner to the school authorities and which has been forwarded to the Education Officer (Primary), Zilla Parishad, Osmanabad, in accordance with provisions of Secondary Schools Code, 2006. The orders passed by respondent Nos. 2 and 3 impugned in this petition, are quashed and set aside and the matter is remitted back to the Education Officer (Primary), Zilla Parishad, Osmanabad for reconsideration. The Education Officer (Primary), Zilla Parishad, Osmanabad shall proceed to take decision on the application in accordance with provisions of Secondary Schools Code, 2006 and the observations made in this judgment. The petitioner shall cause appearance before the Education Officer (Primary), Zilla Parishad, Osmanabad on 29th October, 2012 and as such, no separate notice requiring petitioner's appearance before respondent No. 3 shall be essential. Respondent No. 3 shall decide the application, as expeditiously as possible, preferably within eight (8) weeks from date of appearance of petitioner before him. Rule is accordingly made absolute. No order as to costs.</p><p style="text-align: justify;"> 7. Pending civil application, if any, does not survive, same stands disposed of.</p>',
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		'judgement' => '<p><strong>Oral Judgment : [ R.M. Borde, J.]</strong><p> Rule. Rule made returnable forthwith.</p><p> With consent of the parties, the petition is taken up for final disposal at admission stage.</p><p> 2. The petitioner claims to be belonging to Bhavsar Kshetriya caste which is included in Other Backward Class category. The petitioner is serving as Conductor in Maharashtra State Road Transport Corporation. The school record of the petitioner records caste as 'Hindu Maratha'. According to the petitioner, while securing admission in school, his father has erroneously recorded the entry as 'Hindu Maratha'. He further contends that old record pertaining to his father, uncle and other near relatives show that they belong to 'Bhavsar Kehstriya caste'. The petitioner has also been issued caste certificate by the competent authority. The son of the petitioner has also been issued caste certificate by the competent authority certifying that he belongs to 'Bhavsar Kshetriya caste' and his caste claim has been validated by the competent Committee. The petitioner, therefore, tendered application to school where he was studying for onward transmission to the Education Officer (Primary), Zilla Parishad, Osmanabad for issuing directions for affecting necessary corrections. The school authority forwarded the application with favourable recommendation to the Education Officer. The Education Officer (Primary) by his order dated 1st November, 2011 was pleased to reject the application recording that since the petitioner has left the school, the application is not maintainable.</p><p> 3. The petitioner tendered appeal to the Deputy Director of Education, Latur Division, Latur,which was heard and disposed of by Deputy Director of Education, Latur Division, Latur on 30th January, 2012 and appeal came to be dismissed. The appellate authority has recorded in the order that rule 26.4, Appendix-Six of the Secondary Schools Code-2006 does not permit to make correction in the entries in respect of caste in the school record after pupil has left the school. According to the petitioner, reasons recorded by both the authorities for turning down his claim are erroneous and against the provisions of Secondary Schools Code, 2006. Rule 26.4 of the Secondary Schools Code, 2006 prescribe that application for change or correction of date of birth, name, surname, caste etc., as entered in the General Register shall be entertained from or on behalf of a pupil who is attending a school. It further provide that such application shall not be entertained from or on behalf of a pupil, who has left the school, as the same amounts not only to a change in the entries in the General Register but also to a change in the School Leaving Certificate. It has been further prescribed that, however, for the purposes like an admission to another educational institution the School Leaving certificate is relied upon as an evidence for name, surname, caste, date of birth etc., and in bonafide cases where wrong spelling of a word or an obvious mistake of the type mentioned in sub-rule 3 above is noticed any time after issue of the School Leaving Certificate and the same is required to be corrected so as to be consistent with the corresponding entries in the General Register of the school or those in the School Leaving Certificate issued by the previous school, such applications shall be entertained. The procedure to be followed in such cases is laid down in Appendix Six.</p><p> 4. Rule 26.4 of the Secondary Schools Code, 2006 has been interpreted by the Division Bench of this Court in the matter of Shaikh Shafi Ahmed Khadarsab vs. The State of Maharashtra and others in Writ Petition No. 1138 of 2009 decided on 13<sup>th</sup> March, 2012. In paragraph-11 of the judgment cited supra, the Division Bench of this Court has observed thus:</p><p> "11. For all these reasons, we hold that the instructions contained in para 26.4 of the S.S.Code that an application for change of an entry in the General Register of a school shall be entertained only on behalf of the pupil who is attending the school meaning thereby that it shall not be entertained on behalf of the pupil who has left the school, are directory and not mandatory. In our view, such an application can be entertained even after the pupil has left the school, provided the application is bona-fide and the pupil is able to satisfy that the original entry in the General Register of the school is erroneous. The application can be rejected if the entry is not shown to be erroneous and wrong. It, however, cannot be rejected without it being considered on merits, only on the technical ground that the application has been made after the pupil has left the school."</p><p> 5. Appendix Six of the Secondary Schools Code, 2006 lays down the procedure in respect of making correction and change in names, surnames, caste/sub-caste, date of birth etc., Paragraph Nos.12 to 15 of Appendix Six reads thus:</p><p> "<strong>Change in Caste or Sub-Caste (in respect of B.C. pupils only):</strong></p><p> (12) For making changes in caste or sub-caste of Backward Class pupils the guardian of the pupil shall make an application in Form No. 3 accompanying these rules.</p><p> (13) Permission may be given to change the entries in the General Register of the school in respect of "caste" or "sub-caste" of Backward Class pupils in the following circumstances.</p><p> (i) due to wrong entries made initially;</p><p> (ii) due to change in religion;</p><p> (iii) if the caste previously treated as non-backward was subsequently declared by Government as Backward or vice-versa.</p><p> (iv) due to adoption;</p><p> (v) due to inter-caste or inter-religion marriage;</p><p> (14) For this purpose, the necessary certificates from the following authorities must accompany the application for change of caste or sub-caste:</p><p> <strong>(a) For Reasons</strong>, (i),(ii) and (iii) above:</p><p> In Greater Bombay (a) The Chief Presidency Magistrate or the Presidency Magistrate authorised by him;</p><p> Or</p><p> (b) Justice of Peace; or (Deleted)</p><p> (c) Social, Welfare Officer, Greater Bombay, Bombay.</p><p> In other areas (d) The District Magistrates or Executive Magistrates authorized by them;</p><p> or</p><p> (e) Honorary Magistrates; or (Deleted)</p><p> (f) The Social Welfare Officer of the district concerned.</p><p> (<strong>b) Due to adoption </strong>:</p><p> The original adoption-deed or a certified copy of that deed or a certificate from stipendiary Magistrate showing the change in name (if any) and the caste or sub-caste changed as a result of adoption should accompany the application for change in caste or sub-caste.</p><p> <strong>(c) Due to inter-caste or inter-religion marriage </strong>:</p><p> A declaration by the parent or guardian attested by two witnesses and the student himself/herself or certified copy of the certificate of registration of marriage should accompany the application for change in caste or sub-caste along with the certificate from the concerned competent authority mentioned in (a) above showing that the caste or sub-caste has changed as a result of the marriage.</p><p> <strong>(d) Due to any other reason </strong>:</p><p> An affidavit made before a stipendiary Magistrate by the parent or guardian should accompany the application for change in caste of sub-caste.</p><p> <strong>N.B</strong>.: The term "Backward Class" means and includes the following categories.</p><table><tbody><tr><td>1<td>Scheduled castes and Schedule Caste converts to Buddhism.<td>As per Scheduled Castes and Scheduled Tribes Lists Modification Order, 1956, as adopted for Maharashtra State.</tr><tr><td>2<td>Scheduled Tribes including those outside specified areas.<td>Vide Part VII-A of the Seventh and Eighth Schedule of the Bombay Reorganisation Act, 1960 and orders issued by Government in this behalf from time to time.</tr><tr><td>3<td>DenotifiedTribes and Nomadic Tribes.<td>As per Government Resolution, Education and Social Welfare Deptt. No. CBC. 1361-M, dated 21<sup>st</sup> November 1961 and Government from time to time.</tr><tr><td>4<td>Other Classes.<td>Backward Castes which have been declared as belonging to the other Backward Classes by Government from time to time.</tr></tbody></table><strong>General</strong>:-<p> (Please also see Annexure 36).</p><p> 15. An appeal against the decision of the Educational Inspector, Greater Bombay or as the case may be, the Education Officer, Zilla Parishad concerned, who has not sanctioned the change shall be submitted to the Deputy Director concerned within 30 days of the receipt of the order."</p><p> 6. On fulfillment of requirements laid down under Appendix Six, the application tendered for effecting change in the entries recorded in school record can be entertained. Respondents were therefore not justified in turning down the application tendered by the petitioner on the ground that the entries recorded in the school record cannot be corrected after pupil has left school. The petition, therefore, deserves to be allowed and Education Officer (Primary), Zilla Parishad, Osmanabad is required to be directed to consider the application tendered by the petitioner to the school authorities and which has been forwarded to the Education Officer (Primary), Zilla Parishad, Osmanabad, in accordance with provisions of Secondary Schools Code, 2006. The orders passed by respondent Nos. 2 and 3 impugned in this petition, are quashed and set aside and the matter is remitted back to the Education Officer (Primary), Zilla Parishad, Osmanabad for reconsideration. The Education Officer (Primary), Zilla Parishad, Osmanabad shall proceed to take decision on the application in accordance with provisions of Secondary Schools Code, 2006 and the observations made in this judgment. The petitioner shall cause appearance before the Education Officer (Primary), Zilla Parishad, Osmanabad on 29th October, 2012 and as such, no separate notice requiring petitioner's appearance before respondent No. 3 shall be essential. Respondent No. 3 shall decide the application, as expeditiously as possible, preferably within eight (8) weeks from date of appearance of petitioner before him. Rule is accordingly made absolute. No order as to costs.</p><p> 7. Pending civil application, if any, does not survive, same stands disposed of.</p>',
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	(int) 0 => '<p><strong>Oral Judgment : [ R.M. Borde, J.]</strong><p> Rule. Rule made returnable forthwith.',
	(int) 1 => '<p> With consent of the parties, the petition is taken up for final disposal at admission stage.',
	(int) 2 => '<p> 2. The petitioner claims to be belonging to Bhavsar Kshetriya caste which is included in Other Backward Class category. The petitioner is serving as Conductor in Maharashtra State Road Transport Corporation. The school record of the petitioner records caste as 'Hindu Maratha'. According to the petitioner, while securing admission in school, his father has erroneously recorded the entry as 'Hindu Maratha'. He further contends that old record pertaining to his father, uncle and other near relatives show that they belong to 'Bhavsar Kehstriya caste'. The petitioner has also been issued caste certificate by the competent authority. The son of the petitioner has also been issued caste certificate by the competent authority certifying that he belongs to 'Bhavsar Kshetriya caste' and his caste claim has been validated by the competent Committee. The petitioner, therefore, tendered application to school where he was studying for onward transmission to the Education Officer (Primary), Zilla Parishad, Osmanabad for issuing directions for affecting necessary corrections. The school authority forwarded the application with favourable recommendation to the Education Officer. The Education Officer (Primary) by his order dated 1st November, 2011 was pleased to reject the application recording that since the petitioner has left the school, the application is not maintainable.',
	(int) 3 => '<p> 3. The petitioner tendered appeal to the Deputy Director of Education, Latur Division, Latur,which was heard and disposed of by Deputy Director of Education, Latur Division, Latur on 30th January, 2012 and appeal came to be dismissed. The appellate authority has recorded in the order that rule 26.4, Appendix-Six of the Secondary Schools Code-2006 does not permit to make correction in the entries in respect of caste in the school record after pupil has left the school. According to the petitioner, reasons recorded by both the authorities for turning down his claim are erroneous and against the provisions of Secondary Schools Code, 2006. Rule 26.4 of the Secondary Schools Code, 2006 prescribe that application for change or correction of date of birth, name, surname, caste etc., as entered in the General Register shall be entertained from or on behalf of a pupil who is attending a school. It further provide that such application shall not be entertained from or on behalf of a pupil, who has left the school, as the same amounts not only to a change in the entries in the General Register but also to a change in the School Leaving Certificate. It has been further prescribed that, however, for the purposes like an admission to another educational institution the School Leaving certificate is relied upon as an evidence for name, surname, caste, date of birth etc., and in bonafide cases where wrong spelling of a word or an obvious mistake of the type mentioned in sub-rule 3 above is noticed any time after issue of the School Leaving Certificate and the same is required to be corrected so as to be consistent with the corresponding entries in the General Register of the school or those in the School Leaving Certificate issued by the previous school, such applications shall be entertained. The procedure to be followed in such cases is laid down in Appendix Six.',
	(int) 4 => '<p> 4. Rule 26.4 of the Secondary Schools Code, 2006 has been interpreted by the Division Bench of this Court in the matter of Shaikh Shafi Ahmed Khadarsab vs. The State of Maharashtra and others in Writ Petition No. 1138 of 2009 decided on 13<sup>th</sup> March, 2012. In paragraph-11 of the judgment cited supra, the Division Bench of this Court has observed thus:',
	(int) 5 => '<p> "11. For all these reasons, we hold that the instructions contained in para 26.4 of the S.S.Code that an application for change of an entry in the General Register of a school shall be entertained only on behalf of the pupil who is attending the school meaning thereby that it shall not be entertained on behalf of the pupil who has left the school, are directory and not mandatory. In our view, such an application can be entertained even after the pupil has left the school, provided the application is bona-fide and the pupil is able to satisfy that the original entry in the General Register of the school is erroneous. The application can be rejected if the entry is not shown to be erroneous and wrong. It, however, cannot be rejected without it being considered on merits, only on the technical ground that the application has been made after the pupil has left the school."',
	(int) 6 => '<p> 5. Appendix Six of the Secondary Schools Code, 2006 lays down the procedure in respect of making correction and change in names, surnames, caste/sub-caste, date of birth etc., Paragraph Nos.12 to 15 of Appendix Six reads thus:',
	(int) 7 => '<p> "<strong>Change in Caste or Sub-Caste (in respect of B.C. pupils only):</strong>',
	(int) 8 => '<p> (12) For making changes in caste or sub-caste of Backward Class pupils the guardian of the pupil shall make an application in Form No. 3 accompanying these rules.',
	(int) 9 => '<p> (13) Permission may be given to change the entries in the General Register of the school in respect of "caste" or "sub-caste" of Backward Class pupils in the following circumstances.',
	(int) 10 => '<p> (i) due to wrong entries made initially;',
	(int) 11 => '<p> (ii) due to change in religion;',
	(int) 12 => '<p> (iii) if the caste previously treated as non-backward was subsequently declared by Government as Backward or vice-versa.',
	(int) 13 => '<p> (iv) due to adoption;',
	(int) 14 => '<p> (v) due to inter-caste or inter-religion marriage;',
	(int) 15 => '<p> (14) For this purpose, the necessary certificates from the following authorities must accompany the application for change of caste or sub-caste:',
	(int) 16 => '<p> <strong>(a) For Reasons</strong>, (i),(ii) and (iii) above:',
	(int) 17 => '<p> In Greater Bombay (a) The Chief Presidency Magistrate or the Presidency Magistrate authorised by him;',
	(int) 18 => '<p> Or',
	(int) 19 => '<p> (b) Justice of Peace; or (Deleted)',
	(int) 20 => '<p> (c) Social, Welfare Officer, Greater Bombay, Bombay.',
	(int) 21 => '<p> In other areas (d) The District Magistrates or Executive Magistrates authorized by them;',
	(int) 22 => '<p> or',
	(int) 23 => '<p> (e) Honorary Magistrates; or (Deleted)',
	(int) 24 => '<p> (f) The Social Welfare Officer of the district concerned.',
	(int) 25 => '<p> (<strong>b) Due to adoption </strong>:',
	(int) 26 => '<p> The original adoption-deed or a certified copy of that deed or a certificate from stipendiary Magistrate showing the change in name (if any) and the caste or sub-caste changed as a result of adoption should accompany the application for change in caste or sub-caste.',
	(int) 27 => '<p> <strong>(c) Due to inter-caste or inter-religion marriage </strong>:',
	(int) 28 => '<p> A declaration by the parent or guardian attested by two witnesses and the student himself/herself or certified copy of the certificate of registration of marriage should accompany the application for change in caste or sub-caste along with the certificate from the concerned competent authority mentioned in (a) above showing that the caste or sub-caste has changed as a result of the marriage.',
	(int) 29 => '<p> <strong>(d) Due to any other reason </strong>:',
	(int) 30 => '<p> An affidavit made before a stipendiary Magistrate by the parent or guardian should accompany the application for change in caste of sub-caste.',
	(int) 31 => '<p> <strong>N.B</strong>.: The term "Backward Class" means and includes the following categories.',
	(int) 32 => '<table><tbody><tr><td>1<td>Scheduled castes and Schedule Caste converts to Buddhism.<td>As per Scheduled Castes and Scheduled Tribes Lists Modification Order, 1956, as adopted for Maharashtra State.</tr><tr><td>2<td>Scheduled Tribes including those outside specified areas.<td>Vide Part VII-A of the Seventh and Eighth Schedule of the Bombay Reorganisation Act, 1960 and orders issued by Government in this behalf from time to time.</tr><tr><td>3<td>DenotifiedTribes and Nomadic Tribes.<td>As per Government Resolution, Education and Social Welfare Deptt. No. CBC. 1361-M, dated 21<sup>st</sup> November 1961 and Government from time to time.</tr><tr><td>4<td>Other Classes.<td>Backward Castes which have been declared as belonging to the other Backward Classes by Government from time to time.</tr></tbody></table><strong>General</strong>:-<p> (Please also see Annexure 36).',
	(int) 33 => '<p> 15. An appeal against the decision of the Educational Inspector, Greater Bombay or as the case may be, the Education Officer, Zilla Parishad concerned, who has not sanctioned the change shall be submitted to the Deputy Director concerned within 30 days of the receipt of the order."',
	(int) 34 => '<p> 6. On fulfillment of requirements laid down under Appendix Six, the application tendered for effecting change in the entries recorded in school record can be entertained. Respondents were therefore not justified in turning down the application tendered by the petitioner on the ground that the entries recorded in the school record cannot be corrected after pupil has left school. The petition, therefore, deserves to be allowed and Education Officer (Primary), Zilla Parishad, Osmanabad is required to be directed to consider the application tendered by the petitioner to the school authorities and which has been forwarded to the Education Officer (Primary), Zilla Parishad, Osmanabad, in accordance with provisions of Secondary Schools Code, 2006. The orders passed by respondent Nos. 2 and 3 impugned in this petition, are quashed and set aside and the matter is remitted back to the Education Officer (Primary), Zilla Parishad, Osmanabad for reconsideration. The Education Officer (Primary), Zilla Parishad, Osmanabad shall proceed to take decision on the application in accordance with provisions of Secondary Schools Code, 2006 and the observations made in this judgment. The petitioner shall cause appearance before the Education Officer (Primary), Zilla Parishad, Osmanabad on 29th October, 2012 and as such, no separate notice requiring petitioner's appearance before respondent No. 3 shall be essential. Respondent No. 3 shall decide the application, as expeditiously as possible, preferably within eight (8) weeks from date of appearance of petitioner before him. Rule is accordingly made absolute. No order as to costs.',
	(int) 35 => '<p> 7. Pending civil application, if any, does not survive, same stands disposed of.',
	(int) 36 => ''
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			'judgement' => '<p style="text-align: justify;"><strong>Oral Judgment : [ R.M. Borde, J.]</strong><p style="text-align: justify;"> Rule. Rule made returnable forthwith.</p><p style="text-align: justify;"> With consent of the parties, the petition is taken up for final disposal at admission stage.</p><p style="text-align: justify;"> 2. The petitioner claims to be belonging to Bhavsar Kshetriya caste which is included in Other Backward Class category. The petitioner is serving as Conductor in Maharashtra State Road Transport Corporation. The school record of the petitioner records caste as 'Hindu Maratha'. According to the petitioner, while securing admission in school, his father has erroneously recorded the entry as 'Hindu Maratha'. He further contends that old record pertaining to his father, uncle and other near relatives show that they belong to 'Bhavsar Kehstriya caste'. The petitioner has also been issued caste certificate by the competent authority. The son of the petitioner has also been issued caste certificate by the competent authority certifying that he belongs to 'Bhavsar Kshetriya caste' and his caste claim has been validated by the competent Committee. The petitioner, therefore, tendered application to school where he was studying for onward transmission to the Education Officer (Primary), Zilla Parishad, Osmanabad for issuing directions for affecting necessary corrections. The school authority forwarded the application with favourable recommendation to the Education Officer. The Education Officer (Primary) by his order dated 1st November, 2011 was pleased to reject the application recording that since the petitioner has left the school, the application is not maintainable.</p><p style="text-align: justify;"> 3. The petitioner tendered appeal to the Deputy Director of Education, Latur Division, Latur,which was heard and disposed of by Deputy Director of Education, Latur Division, Latur on 30th January, 2012 and appeal came to be dismissed. The appellate authority has recorded in the order that rule 26.4, Appendix-Six of the Secondary Schools Code-2006 does not permit to make correction in the entries in respect of caste in the school record after pupil has left the school. According to the petitioner, reasons recorded by both the authorities for turning down his claim are erroneous and against the provisions of Secondary Schools Code, 2006. Rule 26.4 of the Secondary Schools Code, 2006 prescribe that application for change or correction of date of birth, name, surname, caste etc., as entered in the General Register shall be entertained from or on behalf of a pupil who is attending a school. It further provide that such application shall not be entertained from or on behalf of a pupil, who has left the school, as the same amounts not only to a change in the entries in the General Register but also to a change in the School Leaving Certificate. It has been further prescribed that, however, for the purposes like an admission to another educational institution the School Leaving certificate is relied upon as an evidence for name, surname, caste, date of birth etc., and in bonafide cases where wrong spelling of a word or an obvious mistake of the type mentioned in sub-rule 3 above is noticed any time after issue of the School Leaving Certificate and the same is required to be corrected so as to be consistent with the corresponding entries in the General Register of the school or those in the School Leaving Certificate issued by the previous school, such applications shall be entertained. The procedure to be followed in such cases is laid down in Appendix Six.</p><p style="text-align: justify;"> 4. Rule 26.4 of the Secondary Schools Code, 2006 has been interpreted by the Division Bench of this Court in the matter of Shaikh Shafi Ahmed Khadarsab vs. The State of Maharashtra and others in Writ Petition No. 1138 of 2009 decided on 13<sup>th</sup> March, 2012. In paragraph-11 of the judgment cited supra, the Division Bench of this Court has observed thus:</p><p style="text-align: justify;"> "11. For all these reasons, we hold that the instructions contained in para 26.4 of the S.S.Code that an application for change of an entry in the General Register of a school shall be entertained only on behalf of the pupil who is attending the school meaning thereby that it shall not be entertained on behalf of the pupil who has left the school, are directory and not mandatory. In our view, such an application can be entertained even after the pupil has left the school, provided the application is bona-fide and the pupil is able to satisfy that the original entry in the General Register of the school is erroneous. The application can be rejected if the entry is not shown to be erroneous and wrong. It, however, cannot be rejected without it being considered on merits, only on the technical ground that the application has been made after the pupil has left the school."</p><p style="text-align: justify;"> 5. Appendix Six of the Secondary Schools Code, 2006 lays down the procedure in respect of making correction and change in names, surnames, caste/sub-caste, date of birth etc., Paragraph Nos.12 to 15 of Appendix Six reads thus:</p><p style="text-align: justify;"> "<strong>Change in Caste or Sub-Caste (in respect of B.C. pupils only):</strong></p><p style="text-align: justify;"> (12) For making changes in caste or sub-caste of Backward Class pupils the guardian of the pupil shall make an application in Form No. 3 accompanying these rules.</p><p style="text-align: justify;"> (13) Permission may be given to change the entries in the General Register of the school in respect of "caste" or "sub-caste" of Backward Class pupils in the following circumstances.</p><p style="text-align: justify;"> (i) due to wrong entries made initially;</p><p style="text-align: justify;"> (ii) due to change in religion;</p><p style="text-align: justify;"> (iii) if the caste previously treated as non-backward was subsequently declared by Government as Backward or vice-versa.</p><p style="text-align: justify;"> (iv) due to adoption;</p><p style="text-align: justify;"> (v) due to inter-caste or inter-religion marriage;</p><p style="text-align: justify;"> (14) For this purpose, the necessary certificates from the following authorities must accompany the application for change of caste or sub-caste:</p><p style="text-align: justify;"> <strong>(a) For Reasons</strong>, (i),(ii) and (iii) above:</p><p style="text-align: justify;"> In Greater Bombay (a) The Chief Presidency Magistrate or the Presidency Magistrate authorised by him;</p><p style="text-align: justify;"> Or</p><p style="text-align: justify;"> (b) Justice of Peace; or (Deleted)</p><p style="text-align: justify;"> (c) Social, Welfare Officer, Greater Bombay, Bombay.</p><p style="text-align: justify;"> In other areas (d) The District Magistrates or Executive Magistrates authorized by them;</p><p style="text-align: justify;"> or</p><p style="text-align: justify;"> (e) Honorary Magistrates; or (Deleted)</p><p style="text-align: justify;"> (f) The Social Welfare Officer of the district concerned.</p><p style="text-align: justify;"> (<strong>b) Due to adoption </strong>:</p><p style="text-align: justify;"> The original adoption-deed or a certified copy of that deed or a certificate from stipendiary Magistrate showing the change in name (if any) and the caste or sub-caste changed as a result of adoption should accompany the application for change in caste or sub-caste.</p><p style="text-align: justify;"> <strong>(c) Due to inter-caste or inter-religion marriage </strong>:</p><p style="text-align: justify;"> A declaration by the parent or guardian attested by two witnesses and the student himself/herself or certified copy of the certificate of registration of marriage should accompany the application for change in caste or sub-caste along with the certificate from the concerned competent authority mentioned in (a) above showing that the caste or sub-caste has changed as a result of the marriage.</p><p style="text-align: justify;"> <strong>(d) Due to any other reason </strong>:</p><p style="text-align: justify;"> An affidavit made before a stipendiary Magistrate by the parent or guardian should accompany the application for change in caste of sub-caste.</p><p style="text-align: justify;"> <strong>N.B</strong>.: The term "Backward Class" means and includes the following categories.</p><table border="1" cellpadding="0" cellspacing="0"><tbody><tr><td style="width: 43px">1<td style="width: 251px">Scheduled castes and Schedule Caste converts to Buddhism.<td style="width: 282px">As per Scheduled Castes and Scheduled Tribes Lists Modification Order, 1956, as adopted for Maharashtra State.</tr><tr><td style="width: 43px">2<td style="width: 251px">Scheduled Tribes including those outside specified areas.<td style="width: 282px">Vide Part VII-A of the Seventh and Eighth Schedule of the Bombay Reorganisation Act, 1960 and orders issued by Government in this behalf from time to time.</tr><tr><td style="width: 43px">3<td style="width: 251px">DenotifiedTribes and Nomadic Tribes.<td style="width: 282px">As per Government Resolution, Education and Social Welfare Deptt. No. CBC. 1361-M, dated 21<sup>st</sup> November 1961 and Government from time to time.</tr><tr><td style="width: 43px">4<td style="width: 251px">Other Classes.<td style="width: 282px">Backward Castes which have been declared as belonging to the other Backward Classes by Government from time to time.</tr></tbody></table><strong>General</strong>:-<p style="text-align: justify;"> (Please also see Annexure 36).</p><p style="text-align: justify;"> 15. An appeal against the decision of the Educational Inspector, Greater Bombay or as the case may be, the Education Officer, Zilla Parishad concerned, who has not sanctioned the change shall be submitted to the Deputy Director concerned within 30 days of the receipt of the order."</p><p style="text-align: justify;"> 6. On fulfillment of requirements laid down under Appendix Six, the application tendered for effecting change in the entries recorded in school record can be entertained. Respondents were therefore not justified in turning down the application tendered by the petitioner on the ground that the entries recorded in the school record cannot be corrected after pupil has left school. The petition, therefore, deserves to be allowed and Education Officer (Primary), Zilla Parishad, Osmanabad is required to be directed to consider the application tendered by the petitioner to the school authorities and which has been forwarded to the Education Officer (Primary), Zilla Parishad, Osmanabad, in accordance with provisions of Secondary Schools Code, 2006. The orders passed by respondent Nos. 2 and 3 impugned in this petition, are quashed and set aside and the matter is remitted back to the Education Officer (Primary), Zilla Parishad, Osmanabad for reconsideration. The Education Officer (Primary), Zilla Parishad, Osmanabad shall proceed to take decision on the application in accordance with provisions of Secondary Schools Code, 2006 and the observations made in this judgment. The petitioner shall cause appearance before the Education Officer (Primary), Zilla Parishad, Osmanabad on 29th October, 2012 and as such, no separate notice requiring petitioner's appearance before respondent No. 3 shall be essential. Respondent No. 3 shall decide the application, as expeditiously as possible, preferably within eight (8) weeks from date of appearance of petitioner before him. Rule is accordingly made absolute. No order as to costs.</p><p style="text-align: justify;"> 7. Pending civil application, if any, does not survive, same stands disposed of.</p>',
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		'appealno' => 'Writ Petition No.3266 of 2012 ',
		'appellant' => 'Vilas S/O Dattatraya Ransubhe',
		'authreffered' => null,
		'casename' => 'Vilas S/O Dattatraya Ransubhe Vs. the State of Maharashtra, Through the Secretary, School Education and Sports Department and Others',
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		'court' => 'Mumbai Aurangabad',
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		'decidedon' => '2012-10-08',
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		'judge' => 'R.M. BORDE &amp; S.S. SHINDE',
		'judgement' => '<p><strong>Oral Judgment : [ R.M. Borde, J.]</strong><p> Rule. Rule made returnable forthwith.</p><p> With consent of the parties, the petition is taken up for final disposal at admission stage.</p><p> 2. The petitioner claims to be belonging to Bhavsar Kshetriya caste which is included in Other Backward Class category. The petitioner is serving as Conductor in Maharashtra State Road Transport Corporation. The school record of the petitioner records caste as 'Hindu Maratha'. According to the petitioner, while securing admission in school, his father has erroneously recorded the entry as 'Hindu Maratha'. He further contends that old record pertaining to his father, uncle and other near relatives show that they belong to 'Bhavsar Kehstriya caste'. The petitioner has also been issued caste certificate by the competent authority. The son of the petitioner has also been issued caste certificate by the competent authority certifying that he belongs to 'Bhavsar Kshetriya caste' and his caste claim has been validated by the competent Committee. The petitioner, therefore, tendered application to school where he was studying for onward transmission to the Education Officer (Primary), Zilla Parishad, Osmanabad for issuing directions for affecting necessary corrections. The school authority forwarded the application with favourable recommendation to the Education Officer. The Education Officer (Primary) by his order dated 1st November, 2011 was pleased to reject the application recording that since the petitioner has left the school, the application is not maintainable.</p><p> 3. The petitioner tendered appeal to the Deputy Director of Education, Latur Division, Latur,which was heard and disposed of by Deputy Director of Education, Latur Division, Latur on 30th January, 2012 and appeal came to be dismissed. The appellate authority has recorded in the order that rule 26.4, Appendix-Six of the Secondary Schools Code-2006 does not permit to make correction in the entries in respect of caste in the school record after pupil has left the school. According to the petitioner, reasons recorded by both the authorities for turning down his claim are erroneous and against the provisions of Secondary Schools Code, 2006. Rule 26.4 of the Secondary Schools Code, 2006 prescribe that application for change or correction of date of birth, name, surname, caste etc., as entered in the General Register shall be entertained from or on behalf of a pupil who is attending a school. It further provide that such application shall not be entertained from or on behalf of a pupil, who has left the school, as the same amounts not only to a change in the entries in the General Register but also to a change in the School Leaving Certificate. It has been further prescribed that, however, for the purposes like an admission to another educational institution the School Leaving certificate is relied upon as an evidence for name, surname, caste, date of birth etc., and in bonafide cases where wrong spelling of a word or an obvious mistake of the type mentioned in sub-rule 3 above is noticed any time after issue of the School Leaving Certificate and the same is required to be corrected so as to be consistent with the corresponding entries in the General Register of the school or those in the School Leaving Certificate issued by the previous school, such applications shall be entertained. The procedure to be followed in such cases is laid down in Appendix Six.</p><p> 4. Rule 26.4 of the Secondary Schools Code, 2006 has been interpreted by the Division Bench of this Court in the matter of Shaikh Shafi Ahmed Khadarsab vs. The State of Maharashtra and others in Writ Petition No. 1138 of 2009 decided on 13<sup>th</sup> March, 2012. In paragraph-11 of the judgment cited supra, the Division Bench of this Court has observed thus:</p><p> "11. For all these reasons, we hold that the instructions contained in para 26.4 of the S.S.Code that an application for change of an entry in the General Register of a school shall be entertained only on behalf of the pupil who is attending the school meaning thereby that it shall not be entertained on behalf of the pupil who has left the school, are directory and not mandatory. In our view, such an application can be entertained even after the pupil has left the school, provided the application is bona-fide and the pupil is able to satisfy that the original entry in the General Register of the school is erroneous. The application can be rejected if the entry is not shown to be erroneous and wrong. It, however, cannot be rejected without it being considered on merits, only on the technical ground that the application has been made after the pupil has left the school."</p><p> 5. Appendix Six of the Secondary Schools Code, 2006 lays down the procedure in respect of making correction and change in names, surnames, caste/sub-caste, date of birth etc., Paragraph Nos.12 to 15 of Appendix Six reads thus:</p><p> "<strong>Change in Caste or Sub-Caste (in respect of B.C. pupils only):</strong></p><p> (12) For making changes in caste or sub-caste of Backward Class pupils the guardian of the pupil shall make an application in Form No. 3 accompanying these rules.</p><p> (13) Permission may be given to change the entries in the General Register of the school in respect of "caste" or "sub-caste" of Backward Class pupils in the following circumstances.</p><p> (i) due to wrong entries made initially;</p><p> (ii) due to change in religion;</p><p> (iii) if the caste previously treated as non-backward was subsequently declared by Government as Backward or vice-versa.</p><p> (iv) due to adoption;</p><p> (v) due to inter-caste or inter-religion marriage;</p><p> (14) For this purpose, the necessary certificates from the following authorities must accompany the application for change of caste or sub-caste:</p><p> <strong>(a) For Reasons</strong>, (i),(ii) and (iii) above:</p><p> In Greater Bombay (a) The Chief Presidency Magistrate or the Presidency Magistrate authorised by him;</p><p> Or</p><p> (b) Justice of Peace; or (Deleted)</p><p> (c) Social, Welfare Officer, Greater Bombay, Bombay.</p><p> In other areas (d) The District Magistrates or Executive Magistrates authorized by them;</p><p> or</p><p> (e) Honorary Magistrates; or (Deleted)</p><p> (f) The Social Welfare Officer of the district concerned.</p><p> (<strong>b) Due to adoption </strong>:</p><p> The original adoption-deed or a certified copy of that deed or a certificate from stipendiary Magistrate showing the change in name (if any) and the caste or sub-caste changed as a result of adoption should accompany the application for change in caste or sub-caste.</p><p> <strong>(c) Due to inter-caste or inter-religion marriage </strong>:</p><p> A declaration by the parent or guardian attested by two witnesses and the student himself/herself or certified copy of the certificate of registration of marriage should accompany the application for change in caste or sub-caste along with the certificate from the concerned competent authority mentioned in (a) above showing that the caste or sub-caste has changed as a result of the marriage.</p><p> <strong>(d) Due to any other reason </strong>:</p><p> An affidavit made before a stipendiary Magistrate by the parent or guardian should accompany the application for change in caste of sub-caste.</p><p> <strong>N.B</strong>.: The term "Backward Class" means and includes the following categories.</p><table><tbody><tr><td>1<td>Scheduled castes and Schedule Caste converts to Buddhism.<td>As per Scheduled Castes and Scheduled Tribes Lists Modification Order, 1956, as adopted for Maharashtra State.</tr><tr><td>2<td>Scheduled Tribes including those outside specified areas.<td>Vide Part VII-A of the Seventh and Eighth Schedule of the Bombay Reorganisation Act, 1960 and orders issued by Government in this behalf from time to time.</tr><tr><td>3<td>DenotifiedTribes and Nomadic Tribes.<td>As per Government Resolution, Education and Social Welfare Deptt. No. CBC. 1361-M, dated 21<sup>st</sup> November 1961 and Government from time to time.</tr><tr><td>4<td>Other Classes.<td>Backward Castes which have been declared as belonging to the other Backward Classes by Government from time to time.</tr></tbody></table><strong>General</strong>:-<p> (Please also see Annexure 36).</p><p> 15. An appeal against the decision of the Educational Inspector, Greater Bombay or as the case may be, the Education Officer, Zilla Parishad concerned, who has not sanctioned the change shall be submitted to the Deputy Director concerned within 30 days of the receipt of the order."</p><p> 6. On fulfillment of requirements laid down under Appendix Six, the application tendered for effecting change in the entries recorded in school record can be entertained. Respondents were therefore not justified in turning down the application tendered by the petitioner on the ground that the entries recorded in the school record cannot be corrected after pupil has left school. The petition, therefore, deserves to be allowed and Education Officer (Primary), Zilla Parishad, Osmanabad is required to be directed to consider the application tendered by the petitioner to the school authorities and which has been forwarded to the Education Officer (Primary), Zilla Parishad, Osmanabad, in accordance with provisions of Secondary Schools Code, 2006. The orders passed by respondent Nos. 2 and 3 impugned in this petition, are quashed and set aside and the matter is remitted back to the Education Officer (Primary), Zilla Parishad, Osmanabad for reconsideration. The Education Officer (Primary), Zilla Parishad, Osmanabad shall proceed to take decision on the application in accordance with provisions of Secondary Schools Code, 2006 and the observations made in this judgment. The petitioner shall cause appearance before the Education Officer (Primary), Zilla Parishad, Osmanabad on 29th October, 2012 and as such, no separate notice requiring petitioner's appearance before respondent No. 3 shall be essential. Respondent No. 3 shall decide the application, as expeditiously as possible, preferably within eight (8) weeks from date of appearance of petitioner before him. Rule is accordingly made absolute. No order as to costs.</p><p> 7. Pending civil application, if any, does not survive, same stands disposed of.</p>',
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	(int) 0 => '<p><strong>Oral Judgment : [ R.M. Borde, J.]</strong><p> Rule. Rule made returnable forthwith.',
	(int) 1 => '<p> With consent of the parties, the petition is taken up for final disposal at admission stage.',
	(int) 2 => '<p> 2. The petitioner claims to be belonging to Bhavsar Kshetriya caste which is included in Other Backward Class category. The petitioner is serving as Conductor in Maharashtra State Road Transport Corporation. The school record of the petitioner records caste as 'Hindu Maratha'. According to the petitioner, while securing admission in school, his father has erroneously recorded the entry as 'Hindu Maratha'. He further contends that old record pertaining to his father, uncle and other near relatives show that they belong to 'Bhavsar Kehstriya caste'. The petitioner has also been issued caste certificate by the competent authority. The son of the petitioner has also been issued caste certificate by the competent authority certifying that he belongs to 'Bhavsar Kshetriya caste' and his caste claim has been validated by the competent Committee. The petitioner, therefore, tendered application to school where he was studying for onward transmission to the Education Officer (Primary), Zilla Parishad, Osmanabad for issuing directions for affecting necessary corrections. The school authority forwarded the application with favourable recommendation to the Education Officer. The Education Officer (Primary) by his order dated 1st November, 2011 was pleased to reject the application recording that since the petitioner has left the school, the application is not maintainable.',
	(int) 3 => '<p> 3. The petitioner tendered appeal to the Deputy Director of Education, Latur Division, Latur,which was heard and disposed of by Deputy Director of Education, Latur Division, Latur on 30th January, 2012 and appeal came to be dismissed. The appellate authority has recorded in the order that rule 26.4, Appendix-Six of the Secondary Schools Code-2006 does not permit to make correction in the entries in respect of caste in the school record after pupil has left the school. According to the petitioner, reasons recorded by both the authorities for turning down his claim are erroneous and against the provisions of Secondary Schools Code, 2006. Rule 26.4 of the Secondary Schools Code, 2006 prescribe that application for change or correction of date of birth, name, surname, caste etc., as entered in the General Register shall be entertained from or on behalf of a pupil who is attending a school. It further provide that such application shall not be entertained from or on behalf of a pupil, who has left the school, as the same amounts not only to a change in the entries in the General Register but also to a change in the School Leaving Certificate. It has been further prescribed that, however, for the purposes like an admission to another educational institution the School Leaving certificate is relied upon as an evidence for name, surname, caste, date of birth etc., and in bonafide cases where wrong spelling of a word or an obvious mistake of the type mentioned in sub-rule 3 above is noticed any time after issue of the School Leaving Certificate and the same is required to be corrected so as to be consistent with the corresponding entries in the General Register of the school or those in the School Leaving Certificate issued by the previous school, such applications shall be entertained. The procedure to be followed in such cases is laid down in Appendix Six.',
	(int) 4 => '<p> 4. Rule 26.4 of the Secondary Schools Code, 2006 has been interpreted by the Division Bench of this Court in the matter of Shaikh Shafi Ahmed Khadarsab vs. The State of Maharashtra and others in Writ Petition No. 1138 of 2009 decided on 13<sup>th</sup> March, 2012. In paragraph-11 of the judgment cited supra, the Division Bench of this Court has observed thus:',
	(int) 5 => '<p> "11. For all these reasons, we hold that the instructions contained in para 26.4 of the S.S.Code that an application for change of an entry in the General Register of a school shall be entertained only on behalf of the pupil who is attending the school meaning thereby that it shall not be entertained on behalf of the pupil who has left the school, are directory and not mandatory. In our view, such an application can be entertained even after the pupil has left the school, provided the application is bona-fide and the pupil is able to satisfy that the original entry in the General Register of the school is erroneous. The application can be rejected if the entry is not shown to be erroneous and wrong. It, however, cannot be rejected without it being considered on merits, only on the technical ground that the application has been made after the pupil has left the school."',
	(int) 6 => '<p> 5. Appendix Six of the Secondary Schools Code, 2006 lays down the procedure in respect of making correction and change in names, surnames, caste/sub-caste, date of birth etc., Paragraph Nos.12 to 15 of Appendix Six reads thus:',
	(int) 7 => '<p> "<strong>Change in Caste or Sub-Caste (in respect of B.C. pupils only):</strong>',
	(int) 8 => '<p> (12) For making changes in caste or sub-caste of Backward Class pupils the guardian of the pupil shall make an application in Form No. 3 accompanying these rules.',
	(int) 9 => '<p> (13) Permission may be given to change the entries in the General Register of the school in respect of "caste" or "sub-caste" of Backward Class pupils in the following circumstances.',
	(int) 10 => '<p> (i) due to wrong entries made initially;',
	(int) 11 => '<p> (ii) due to change in religion;',
	(int) 12 => '<p> (iii) if the caste previously treated as non-backward was subsequently declared by Government as Backward or vice-versa.',
	(int) 13 => '<p> (iv) due to adoption;',
	(int) 14 => '<p> (v) due to inter-caste or inter-religion marriage;',
	(int) 15 => '<p> (14) For this purpose, the necessary certificates from the following authorities must accompany the application for change of caste or sub-caste:',
	(int) 16 => '<p> <strong>(a) For Reasons</strong>, (i),(ii) and (iii) above:',
	(int) 17 => '<p> In Greater Bombay (a) The Chief Presidency Magistrate or the Presidency Magistrate authorised by him;',
	(int) 18 => '<p> Or',
	(int) 19 => '<p> (b) Justice of Peace; or (Deleted)',
	(int) 20 => '<p> (c) Social, Welfare Officer, Greater Bombay, Bombay.',
	(int) 21 => '<p> In other areas (d) The District Magistrates or Executive Magistrates authorized by them;',
	(int) 22 => '<p> or',
	(int) 23 => '<p> (e) Honorary Magistrates; or (Deleted)',
	(int) 24 => '<p> (f) The Social Welfare Officer of the district concerned.',
	(int) 25 => '<p> (<strong>b) Due to adoption </strong>:',
	(int) 26 => '<p> The original adoption-deed or a certified copy of that deed or a certificate from stipendiary Magistrate showing the change in name (if any) and the caste or sub-caste changed as a result of adoption should accompany the application for change in caste or sub-caste.',
	(int) 27 => '<p> <strong>(c) Due to inter-caste or inter-religion marriage </strong>:',
	(int) 28 => '<p> A declaration by the parent or guardian attested by two witnesses and the student himself/herself or certified copy of the certificate of registration of marriage should accompany the application for change in caste or sub-caste along with the certificate from the concerned competent authority mentioned in (a) above showing that the caste or sub-caste has changed as a result of the marriage.',
	(int) 29 => '<p> <strong>(d) Due to any other reason </strong>:',
	(int) 30 => '<p> An affidavit made before a stipendiary Magistrate by the parent or guardian should accompany the application for change in caste of sub-caste.',
	(int) 31 => '<p> <strong>N.B</strong>.: The term "Backward Class" means and includes the following categories.',
	(int) 32 => '<table><tbody><tr><td>1<td>Scheduled castes and Schedule Caste converts to Buddhism.<td>As per Scheduled Castes and Scheduled Tribes Lists Modification Order, 1956, as adopted for Maharashtra State.</tr><tr><td>2<td>Scheduled Tribes including those outside specified areas.<td>Vide Part VII-A of the Seventh and Eighth Schedule of the Bombay Reorganisation Act, 1960 and orders issued by Government in this behalf from time to time.</tr><tr><td>3<td>DenotifiedTribes and Nomadic Tribes.<td>As per Government Resolution, Education and Social Welfare Deptt. No. CBC. 1361-M, dated 21<sup>st</sup> November 1961 and Government from time to time.</tr><tr><td>4<td>Other Classes.<td>Backward Castes which have been declared as belonging to the other Backward Classes by Government from time to time.</tr></tbody></table><strong>General</strong>:-<p> (Please also see Annexure 36).',
	(int) 33 => '<p> 15. An appeal against the decision of the Educational Inspector, Greater Bombay or as the case may be, the Education Officer, Zilla Parishad concerned, who has not sanctioned the change shall be submitted to the Deputy Director concerned within 30 days of the receipt of the order."',
	(int) 34 => '<p> 6. On fulfillment of requirements laid down under Appendix Six, the application tendered for effecting change in the entries recorded in school record can be entertained. Respondents were therefore not justified in turning down the application tendered by the petitioner on the ground that the entries recorded in the school record cannot be corrected after pupil has left school. The petition, therefore, deserves to be allowed and Education Officer (Primary), Zilla Parishad, Osmanabad is required to be directed to consider the application tendered by the petitioner to the school authorities and which has been forwarded to the Education Officer (Primary), Zilla Parishad, Osmanabad, in accordance with provisions of Secondary Schools Code, 2006. The orders passed by respondent Nos. 2 and 3 impugned in this petition, are quashed and set aside and the matter is remitted back to the Education Officer (Primary), Zilla Parishad, Osmanabad for reconsideration. The Education Officer (Primary), Zilla Parishad, Osmanabad shall proceed to take decision on the application in accordance with provisions of Secondary Schools Code, 2006 and the observations made in this judgment. The petitioner shall cause appearance before the Education Officer (Primary), Zilla Parishad, Osmanabad on 29th October, 2012 and as such, no separate notice requiring petitioner's appearance before respondent No. 3 shall be essential. Respondent No. 3 shall decide the application, as expeditiously as possible, preferably within eight (8) weeks from date of appearance of petitioner before him. Rule is accordingly made absolute. No order as to costs.',
	(int) 35 => '<p> 7. Pending civil application, if any, does not survive, same stands disposed of.',
	(int) 36 => ''
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(f) The Social Welfare Officer of the district concerned.

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			'judgement' => '<p style="text-align: justify;"><strong>Oral Judgment : [ R.M. Borde, J.]</strong><p style="text-align: justify;"> Rule. Rule made returnable forthwith.</p><p style="text-align: justify;"> With consent of the parties, the petition is taken up for final disposal at admission stage.</p><p style="text-align: justify;"> 2. The petitioner claims to be belonging to Bhavsar Kshetriya caste which is included in Other Backward Class category. The petitioner is serving as Conductor in Maharashtra State Road Transport Corporation. The school record of the petitioner records caste as 'Hindu Maratha'. According to the petitioner, while securing admission in school, his father has erroneously recorded the entry as 'Hindu Maratha'. He further contends that old record pertaining to his father, uncle and other near relatives show that they belong to 'Bhavsar Kehstriya caste'. The petitioner has also been issued caste certificate by the competent authority. The son of the petitioner has also been issued caste certificate by the competent authority certifying that he belongs to 'Bhavsar Kshetriya caste' and his caste claim has been validated by the competent Committee. The petitioner, therefore, tendered application to school where he was studying for onward transmission to the Education Officer (Primary), Zilla Parishad, Osmanabad for issuing directions for affecting necessary corrections. The school authority forwarded the application with favourable recommendation to the Education Officer. The Education Officer (Primary) by his order dated 1st November, 2011 was pleased to reject the application recording that since the petitioner has left the school, the application is not maintainable.</p><p style="text-align: justify;"> 3. The petitioner tendered appeal to the Deputy Director of Education, Latur Division, Latur,which was heard and disposed of by Deputy Director of Education, Latur Division, Latur on 30th January, 2012 and appeal came to be dismissed. The appellate authority has recorded in the order that rule 26.4, Appendix-Six of the Secondary Schools Code-2006 does not permit to make correction in the entries in respect of caste in the school record after pupil has left the school. According to the petitioner, reasons recorded by both the authorities for turning down his claim are erroneous and against the provisions of Secondary Schools Code, 2006. Rule 26.4 of the Secondary Schools Code, 2006 prescribe that application for change or correction of date of birth, name, surname, caste etc., as entered in the General Register shall be entertained from or on behalf of a pupil who is attending a school. It further provide that such application shall not be entertained from or on behalf of a pupil, who has left the school, as the same amounts not only to a change in the entries in the General Register but also to a change in the School Leaving Certificate. It has been further prescribed that, however, for the purposes like an admission to another educational institution the School Leaving certificate is relied upon as an evidence for name, surname, caste, date of birth etc., and in bonafide cases where wrong spelling of a word or an obvious mistake of the type mentioned in sub-rule 3 above is noticed any time after issue of the School Leaving Certificate and the same is required to be corrected so as to be consistent with the corresponding entries in the General Register of the school or those in the School Leaving Certificate issued by the previous school, such applications shall be entertained. The procedure to be followed in such cases is laid down in Appendix Six.</p><p style="text-align: justify;"> 4. Rule 26.4 of the Secondary Schools Code, 2006 has been interpreted by the Division Bench of this Court in the matter of Shaikh Shafi Ahmed Khadarsab vs. The State of Maharashtra and others in Writ Petition No. 1138 of 2009 decided on 13<sup>th</sup> March, 2012. In paragraph-11 of the judgment cited supra, the Division Bench of this Court has observed thus:</p><p style="text-align: justify;"> "11. For all these reasons, we hold that the instructions contained in para 26.4 of the S.S.Code that an application for change of an entry in the General Register of a school shall be entertained only on behalf of the pupil who is attending the school meaning thereby that it shall not be entertained on behalf of the pupil who has left the school, are directory and not mandatory. In our view, such an application can be entertained even after the pupil has left the school, provided the application is bona-fide and the pupil is able to satisfy that the original entry in the General Register of the school is erroneous. The application can be rejected if the entry is not shown to be erroneous and wrong. It, however, cannot be rejected without it being considered on merits, only on the technical ground that the application has been made after the pupil has left the school."</p><p style="text-align: justify;"> 5. Appendix Six of the Secondary Schools Code, 2006 lays down the procedure in respect of making correction and change in names, surnames, caste/sub-caste, date of birth etc., Paragraph Nos.12 to 15 of Appendix Six reads thus:</p><p style="text-align: justify;"> "<strong>Change in Caste or Sub-Caste (in respect of B.C. pupils only):</strong></p><p style="text-align: justify;"> (12) For making changes in caste or sub-caste of Backward Class pupils the guardian of the pupil shall make an application in Form No. 3 accompanying these rules.</p><p style="text-align: justify;"> (13) Permission may be given to change the entries in the General Register of the school in respect of "caste" or "sub-caste" of Backward Class pupils in the following circumstances.</p><p style="text-align: justify;"> (i) due to wrong entries made initially;</p><p style="text-align: justify;"> (ii) due to change in religion;</p><p style="text-align: justify;"> (iii) if the caste previously treated as non-backward was subsequently declared by Government as Backward or vice-versa.</p><p style="text-align: justify;"> (iv) due to adoption;</p><p style="text-align: justify;"> (v) due to inter-caste or inter-religion marriage;</p><p style="text-align: justify;"> (14) For this purpose, the necessary certificates from the following authorities must accompany the application for change of caste or sub-caste:</p><p style="text-align: justify;"> <strong>(a) For Reasons</strong>, (i),(ii) and (iii) above:</p><p style="text-align: justify;"> In Greater Bombay (a) The Chief Presidency Magistrate or the Presidency Magistrate authorised by him;</p><p style="text-align: justify;"> Or</p><p style="text-align: justify;"> (b) Justice of Peace; or (Deleted)</p><p style="text-align: justify;"> (c) Social, Welfare Officer, Greater Bombay, Bombay.</p><p style="text-align: justify;"> In other areas (d) The District Magistrates or Executive Magistrates authorized by them;</p><p style="text-align: justify;"> or</p><p style="text-align: justify;"> (e) Honorary Magistrates; or (Deleted)</p><p style="text-align: justify;"> (f) The Social Welfare Officer of the district concerned.</p><p style="text-align: justify;"> (<strong>b) Due to adoption </strong>:</p><p style="text-align: justify;"> The original adoption-deed or a certified copy of that deed or a certificate from stipendiary Magistrate showing the change in name (if any) and the caste or sub-caste changed as a result of adoption should accompany the application for change in caste or sub-caste.</p><p style="text-align: justify;"> <strong>(c) Due to inter-caste or inter-religion marriage </strong>:</p><p style="text-align: justify;"> A declaration by the parent or guardian attested by two witnesses and the student himself/herself or certified copy of the certificate of registration of marriage should accompany the application for change in caste or sub-caste along with the certificate from the concerned competent authority mentioned in (a) above showing that the caste or sub-caste has changed as a result of the marriage.</p><p style="text-align: justify;"> <strong>(d) Due to any other reason </strong>:</p><p style="text-align: justify;"> An affidavit made before a stipendiary Magistrate by the parent or guardian should accompany the application for change in caste of sub-caste.</p><p style="text-align: justify;"> <strong>N.B</strong>.: The term "Backward Class" means and includes the following categories.</p><table border="1" cellpadding="0" cellspacing="0"><tbody><tr><td style="width: 43px">1<td style="width: 251px">Scheduled castes and Schedule Caste converts to Buddhism.<td style="width: 282px">As per Scheduled Castes and Scheduled Tribes Lists Modification Order, 1956, as adopted for Maharashtra State.</tr><tr><td style="width: 43px">2<td style="width: 251px">Scheduled Tribes including those outside specified areas.<td style="width: 282px">Vide Part VII-A of the Seventh and Eighth Schedule of the Bombay Reorganisation Act, 1960 and orders issued by Government in this behalf from time to time.</tr><tr><td style="width: 43px">3<td style="width: 251px">DenotifiedTribes and Nomadic Tribes.<td style="width: 282px">As per Government Resolution, Education and Social Welfare Deptt. No. CBC. 1361-M, dated 21<sup>st</sup> November 1961 and Government from time to time.</tr><tr><td style="width: 43px">4<td style="width: 251px">Other Classes.<td style="width: 282px">Backward Castes which have been declared as belonging to the other Backward Classes by Government from time to time.</tr></tbody></table><strong>General</strong>:-<p style="text-align: justify;"> (Please also see Annexure 36).</p><p style="text-align: justify;"> 15. An appeal against the decision of the Educational Inspector, Greater Bombay or as the case may be, the Education Officer, Zilla Parishad concerned, who has not sanctioned the change shall be submitted to the Deputy Director concerned within 30 days of the receipt of the order."</p><p style="text-align: justify;"> 6. On fulfillment of requirements laid down under Appendix Six, the application tendered for effecting change in the entries recorded in school record can be entertained. Respondents were therefore not justified in turning down the application tendered by the petitioner on the ground that the entries recorded in the school record cannot be corrected after pupil has left school. The petition, therefore, deserves to be allowed and Education Officer (Primary), Zilla Parishad, Osmanabad is required to be directed to consider the application tendered by the petitioner to the school authorities and which has been forwarded to the Education Officer (Primary), Zilla Parishad, Osmanabad, in accordance with provisions of Secondary Schools Code, 2006. The orders passed by respondent Nos. 2 and 3 impugned in this petition, are quashed and set aside and the matter is remitted back to the Education Officer (Primary), Zilla Parishad, Osmanabad for reconsideration. The Education Officer (Primary), Zilla Parishad, Osmanabad shall proceed to take decision on the application in accordance with provisions of Secondary Schools Code, 2006 and the observations made in this judgment. The petitioner shall cause appearance before the Education Officer (Primary), Zilla Parishad, Osmanabad on 29th October, 2012 and as such, no separate notice requiring petitioner's appearance before respondent No. 3 shall be essential. Respondent No. 3 shall decide the application, as expeditiously as possible, preferably within eight (8) weeks from date of appearance of petitioner before him. Rule is accordingly made absolute. No order as to costs.</p><p style="text-align: justify;"> 7. Pending civil application, if any, does not survive, same stands disposed of.</p>',
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		'judgement' => '<p><strong>Oral Judgment : [ R.M. Borde, J.]</strong><p> Rule. Rule made returnable forthwith.</p><p> With consent of the parties, the petition is taken up for final disposal at admission stage.</p><p> 2. The petitioner claims to be belonging to Bhavsar Kshetriya caste which is included in Other Backward Class category. The petitioner is serving as Conductor in Maharashtra State Road Transport Corporation. The school record of the petitioner records caste as 'Hindu Maratha'. According to the petitioner, while securing admission in school, his father has erroneously recorded the entry as 'Hindu Maratha'. He further contends that old record pertaining to his father, uncle and other near relatives show that they belong to 'Bhavsar Kehstriya caste'. The petitioner has also been issued caste certificate by the competent authority. The son of the petitioner has also been issued caste certificate by the competent authority certifying that he belongs to 'Bhavsar Kshetriya caste' and his caste claim has been validated by the competent Committee. The petitioner, therefore, tendered application to school where he was studying for onward transmission to the Education Officer (Primary), Zilla Parishad, Osmanabad for issuing directions for affecting necessary corrections. The school authority forwarded the application with favourable recommendation to the Education Officer. The Education Officer (Primary) by his order dated 1st November, 2011 was pleased to reject the application recording that since the petitioner has left the school, the application is not maintainable.</p><p> 3. The petitioner tendered appeal to the Deputy Director of Education, Latur Division, Latur,which was heard and disposed of by Deputy Director of Education, Latur Division, Latur on 30th January, 2012 and appeal came to be dismissed. The appellate authority has recorded in the order that rule 26.4, Appendix-Six of the Secondary Schools Code-2006 does not permit to make correction in the entries in respect of caste in the school record after pupil has left the school. According to the petitioner, reasons recorded by both the authorities for turning down his claim are erroneous and against the provisions of Secondary Schools Code, 2006. Rule 26.4 of the Secondary Schools Code, 2006 prescribe that application for change or correction of date of birth, name, surname, caste etc., as entered in the General Register shall be entertained from or on behalf of a pupil who is attending a school. It further provide that such application shall not be entertained from or on behalf of a pupil, who has left the school, as the same amounts not only to a change in the entries in the General Register but also to a change in the School Leaving Certificate. It has been further prescribed that, however, for the purposes like an admission to another educational institution the School Leaving certificate is relied upon as an evidence for name, surname, caste, date of birth etc., and in bonafide cases where wrong spelling of a word or an obvious mistake of the type mentioned in sub-rule 3 above is noticed any time after issue of the School Leaving Certificate and the same is required to be corrected so as to be consistent with the corresponding entries in the General Register of the school or those in the School Leaving Certificate issued by the previous school, such applications shall be entertained. The procedure to be followed in such cases is laid down in Appendix Six.</p><p> 4. Rule 26.4 of the Secondary Schools Code, 2006 has been interpreted by the Division Bench of this Court in the matter of Shaikh Shafi Ahmed Khadarsab vs. The State of Maharashtra and others in Writ Petition No. 1138 of 2009 decided on 13<sup>th</sup> March, 2012. In paragraph-11 of the judgment cited supra, the Division Bench of this Court has observed thus:</p><p> "11. For all these reasons, we hold that the instructions contained in para 26.4 of the S.S.Code that an application for change of an entry in the General Register of a school shall be entertained only on behalf of the pupil who is attending the school meaning thereby that it shall not be entertained on behalf of the pupil who has left the school, are directory and not mandatory. In our view, such an application can be entertained even after the pupil has left the school, provided the application is bona-fide and the pupil is able to satisfy that the original entry in the General Register of the school is erroneous. The application can be rejected if the entry is not shown to be erroneous and wrong. It, however, cannot be rejected without it being considered on merits, only on the technical ground that the application has been made after the pupil has left the school."</p><p> 5. Appendix Six of the Secondary Schools Code, 2006 lays down the procedure in respect of making correction and change in names, surnames, caste/sub-caste, date of birth etc., Paragraph Nos.12 to 15 of Appendix Six reads thus:</p><p> "<strong>Change in Caste or Sub-Caste (in respect of B.C. pupils only):</strong></p><p> (12) For making changes in caste or sub-caste of Backward Class pupils the guardian of the pupil shall make an application in Form No. 3 accompanying these rules.</p><p> (13) Permission may be given to change the entries in the General Register of the school in respect of "caste" or "sub-caste" of Backward Class pupils in the following circumstances.</p><p> (i) due to wrong entries made initially;</p><p> (ii) due to change in religion;</p><p> (iii) if the caste previously treated as non-backward was subsequently declared by Government as Backward or vice-versa.</p><p> (iv) due to adoption;</p><p> (v) due to inter-caste or inter-religion marriage;</p><p> (14) For this purpose, the necessary certificates from the following authorities must accompany the application for change of caste or sub-caste:</p><p> <strong>(a) For Reasons</strong>, (i),(ii) and (iii) above:</p><p> In Greater Bombay (a) The Chief Presidency Magistrate or the Presidency Magistrate authorised by him;</p><p> Or</p><p> (b) Justice of Peace; or (Deleted)</p><p> (c) Social, Welfare Officer, Greater Bombay, Bombay.</p><p> In other areas (d) The District Magistrates or Executive Magistrates authorized by them;</p><p> or</p><p> (e) Honorary Magistrates; or (Deleted)</p><p> (f) The Social Welfare Officer of the district concerned.</p><p> (<strong>b) Due to adoption </strong>:</p><p> The original adoption-deed or a certified copy of that deed or a certificate from stipendiary Magistrate showing the change in name (if any) and the caste or sub-caste changed as a result of adoption should accompany the application for change in caste or sub-caste.</p><p> <strong>(c) Due to inter-caste or inter-religion marriage </strong>:</p><p> A declaration by the parent or guardian attested by two witnesses and the student himself/herself or certified copy of the certificate of registration of marriage should accompany the application for change in caste or sub-caste along with the certificate from the concerned competent authority mentioned in (a) above showing that the caste or sub-caste has changed as a result of the marriage.</p><p> <strong>(d) Due to any other reason </strong>:</p><p> An affidavit made before a stipendiary Magistrate by the parent or guardian should accompany the application for change in caste of sub-caste.</p><p> <strong>N.B</strong>.: The term "Backward Class" means and includes the following categories.</p><table><tbody><tr><td>1<td>Scheduled castes and Schedule Caste converts to Buddhism.<td>As per Scheduled Castes and Scheduled Tribes Lists Modification Order, 1956, as adopted for Maharashtra State.</tr><tr><td>2<td>Scheduled Tribes including those outside specified areas.<td>Vide Part VII-A of the Seventh and Eighth Schedule of the Bombay Reorganisation Act, 1960 and orders issued by Government in this behalf from time to time.</tr><tr><td>3<td>DenotifiedTribes and Nomadic Tribes.<td>As per Government Resolution, Education and Social Welfare Deptt. No. CBC. 1361-M, dated 21<sup>st</sup> November 1961 and Government from time to time.</tr><tr><td>4<td>Other Classes.<td>Backward Castes which have been declared as belonging to the other Backward Classes by Government from time to time.</tr></tbody></table><strong>General</strong>:-<p> (Please also see Annexure 36).</p><p> 15. An appeal against the decision of the Educational Inspector, Greater Bombay or as the case may be, the Education Officer, Zilla Parishad concerned, who has not sanctioned the change shall be submitted to the Deputy Director concerned within 30 days of the receipt of the order."</p><p> 6. On fulfillment of requirements laid down under Appendix Six, the application tendered for effecting change in the entries recorded in school record can be entertained. Respondents were therefore not justified in turning down the application tendered by the petitioner on the ground that the entries recorded in the school record cannot be corrected after pupil has left school. The petition, therefore, deserves to be allowed and Education Officer (Primary), Zilla Parishad, Osmanabad is required to be directed to consider the application tendered by the petitioner to the school authorities and which has been forwarded to the Education Officer (Primary), Zilla Parishad, Osmanabad, in accordance with provisions of Secondary Schools Code, 2006. The orders passed by respondent Nos. 2 and 3 impugned in this petition, are quashed and set aside and the matter is remitted back to the Education Officer (Primary), Zilla Parishad, Osmanabad for reconsideration. The Education Officer (Primary), Zilla Parishad, Osmanabad shall proceed to take decision on the application in accordance with provisions of Secondary Schools Code, 2006 and the observations made in this judgment. The petitioner shall cause appearance before the Education Officer (Primary), Zilla Parishad, Osmanabad on 29th October, 2012 and as such, no separate notice requiring petitioner's appearance before respondent No. 3 shall be essential. Respondent No. 3 shall decide the application, as expeditiously as possible, preferably within eight (8) weeks from date of appearance of petitioner before him. Rule is accordingly made absolute. No order as to costs.</p><p> 7. Pending civil application, if any, does not survive, same stands disposed of.</p>',
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	(int) 0 => '<p><strong>Oral Judgment : [ R.M. Borde, J.]</strong><p> Rule. Rule made returnable forthwith.',
	(int) 1 => '<p> With consent of the parties, the petition is taken up for final disposal at admission stage.',
	(int) 2 => '<p> 2. The petitioner claims to be belonging to Bhavsar Kshetriya caste which is included in Other Backward Class category. The petitioner is serving as Conductor in Maharashtra State Road Transport Corporation. The school record of the petitioner records caste as 'Hindu Maratha'. According to the petitioner, while securing admission in school, his father has erroneously recorded the entry as 'Hindu Maratha'. He further contends that old record pertaining to his father, uncle and other near relatives show that they belong to 'Bhavsar Kehstriya caste'. The petitioner has also been issued caste certificate by the competent authority. The son of the petitioner has also been issued caste certificate by the competent authority certifying that he belongs to 'Bhavsar Kshetriya caste' and his caste claim has been validated by the competent Committee. The petitioner, therefore, tendered application to school where he was studying for onward transmission to the Education Officer (Primary), Zilla Parishad, Osmanabad for issuing directions for affecting necessary corrections. The school authority forwarded the application with favourable recommendation to the Education Officer. The Education Officer (Primary) by his order dated 1st November, 2011 was pleased to reject the application recording that since the petitioner has left the school, the application is not maintainable.',
	(int) 3 => '<p> 3. The petitioner tendered appeal to the Deputy Director of Education, Latur Division, Latur,which was heard and disposed of by Deputy Director of Education, Latur Division, Latur on 30th January, 2012 and appeal came to be dismissed. The appellate authority has recorded in the order that rule 26.4, Appendix-Six of the Secondary Schools Code-2006 does not permit to make correction in the entries in respect of caste in the school record after pupil has left the school. According to the petitioner, reasons recorded by both the authorities for turning down his claim are erroneous and against the provisions of Secondary Schools Code, 2006. Rule 26.4 of the Secondary Schools Code, 2006 prescribe that application for change or correction of date of birth, name, surname, caste etc., as entered in the General Register shall be entertained from or on behalf of a pupil who is attending a school. It further provide that such application shall not be entertained from or on behalf of a pupil, who has left the school, as the same amounts not only to a change in the entries in the General Register but also to a change in the School Leaving Certificate. It has been further prescribed that, however, for the purposes like an admission to another educational institution the School Leaving certificate is relied upon as an evidence for name, surname, caste, date of birth etc., and in bonafide cases where wrong spelling of a word or an obvious mistake of the type mentioned in sub-rule 3 above is noticed any time after issue of the School Leaving Certificate and the same is required to be corrected so as to be consistent with the corresponding entries in the General Register of the school or those in the School Leaving Certificate issued by the previous school, such applications shall be entertained. The procedure to be followed in such cases is laid down in Appendix Six.',
	(int) 4 => '<p> 4. Rule 26.4 of the Secondary Schools Code, 2006 has been interpreted by the Division Bench of this Court in the matter of Shaikh Shafi Ahmed Khadarsab vs. The State of Maharashtra and others in Writ Petition No. 1138 of 2009 decided on 13<sup>th</sup> March, 2012. In paragraph-11 of the judgment cited supra, the Division Bench of this Court has observed thus:',
	(int) 5 => '<p> "11. For all these reasons, we hold that the instructions contained in para 26.4 of the S.S.Code that an application for change of an entry in the General Register of a school shall be entertained only on behalf of the pupil who is attending the school meaning thereby that it shall not be entertained on behalf of the pupil who has left the school, are directory and not mandatory. In our view, such an application can be entertained even after the pupil has left the school, provided the application is bona-fide and the pupil is able to satisfy that the original entry in the General Register of the school is erroneous. The application can be rejected if the entry is not shown to be erroneous and wrong. It, however, cannot be rejected without it being considered on merits, only on the technical ground that the application has been made after the pupil has left the school."',
	(int) 6 => '<p> 5. Appendix Six of the Secondary Schools Code, 2006 lays down the procedure in respect of making correction and change in names, surnames, caste/sub-caste, date of birth etc., Paragraph Nos.12 to 15 of Appendix Six reads thus:',
	(int) 7 => '<p> "<strong>Change in Caste or Sub-Caste (in respect of B.C. pupils only):</strong>',
	(int) 8 => '<p> (12) For making changes in caste or sub-caste of Backward Class pupils the guardian of the pupil shall make an application in Form No. 3 accompanying these rules.',
	(int) 9 => '<p> (13) Permission may be given to change the entries in the General Register of the school in respect of "caste" or "sub-caste" of Backward Class pupils in the following circumstances.',
	(int) 10 => '<p> (i) due to wrong entries made initially;',
	(int) 11 => '<p> (ii) due to change in religion;',
	(int) 12 => '<p> (iii) if the caste previously treated as non-backward was subsequently declared by Government as Backward or vice-versa.',
	(int) 13 => '<p> (iv) due to adoption;',
	(int) 14 => '<p> (v) due to inter-caste or inter-religion marriage;',
	(int) 15 => '<p> (14) For this purpose, the necessary certificates from the following authorities must accompany the application for change of caste or sub-caste:',
	(int) 16 => '<p> <strong>(a) For Reasons</strong>, (i),(ii) and (iii) above:',
	(int) 17 => '<p> In Greater Bombay (a) The Chief Presidency Magistrate or the Presidency Magistrate authorised by him;',
	(int) 18 => '<p> Or',
	(int) 19 => '<p> (b) Justice of Peace; or (Deleted)',
	(int) 20 => '<p> (c) Social, Welfare Officer, Greater Bombay, Bombay.',
	(int) 21 => '<p> In other areas (d) The District Magistrates or Executive Magistrates authorized by them;',
	(int) 22 => '<p> or',
	(int) 23 => '<p> (e) Honorary Magistrates; or (Deleted)',
	(int) 24 => '<p> (f) The Social Welfare Officer of the district concerned.',
	(int) 25 => '<p> (<strong>b) Due to adoption </strong>:',
	(int) 26 => '<p> The original adoption-deed or a certified copy of that deed or a certificate from stipendiary Magistrate showing the change in name (if any) and the caste or sub-caste changed as a result of adoption should accompany the application for change in caste or sub-caste.',
	(int) 27 => '<p> <strong>(c) Due to inter-caste or inter-religion marriage </strong>:',
	(int) 28 => '<p> A declaration by the parent or guardian attested by two witnesses and the student himself/herself or certified copy of the certificate of registration of marriage should accompany the application for change in caste or sub-caste along with the certificate from the concerned competent authority mentioned in (a) above showing that the caste or sub-caste has changed as a result of the marriage.',
	(int) 29 => '<p> <strong>(d) Due to any other reason </strong>:',
	(int) 30 => '<p> An affidavit made before a stipendiary Magistrate by the parent or guardian should accompany the application for change in caste of sub-caste.',
	(int) 31 => '<p> <strong>N.B</strong>.: The term "Backward Class" means and includes the following categories.',
	(int) 32 => '<table><tbody><tr><td>1<td>Scheduled castes and Schedule Caste converts to Buddhism.<td>As per Scheduled Castes and Scheduled Tribes Lists Modification Order, 1956, as adopted for Maharashtra State.</tr><tr><td>2<td>Scheduled Tribes including those outside specified areas.<td>Vide Part VII-A of the Seventh and Eighth Schedule of the Bombay Reorganisation Act, 1960 and orders issued by Government in this behalf from time to time.</tr><tr><td>3<td>DenotifiedTribes and Nomadic Tribes.<td>As per Government Resolution, Education and Social Welfare Deptt. No. CBC. 1361-M, dated 21<sup>st</sup> November 1961 and Government from time to time.</tr><tr><td>4<td>Other Classes.<td>Backward Castes which have been declared as belonging to the other Backward Classes by Government from time to time.</tr></tbody></table><strong>General</strong>:-<p> (Please also see Annexure 36).',
	(int) 33 => '<p> 15. An appeal against the decision of the Educational Inspector, Greater Bombay or as the case may be, the Education Officer, Zilla Parishad concerned, who has not sanctioned the change shall be submitted to the Deputy Director concerned within 30 days of the receipt of the order."',
	(int) 34 => '<p> 6. On fulfillment of requirements laid down under Appendix Six, the application tendered for effecting change in the entries recorded in school record can be entertained. Respondents were therefore not justified in turning down the application tendered by the petitioner on the ground that the entries recorded in the school record cannot be corrected after pupil has left school. The petition, therefore, deserves to be allowed and Education Officer (Primary), Zilla Parishad, Osmanabad is required to be directed to consider the application tendered by the petitioner to the school authorities and which has been forwarded to the Education Officer (Primary), Zilla Parishad, Osmanabad, in accordance with provisions of Secondary Schools Code, 2006. The orders passed by respondent Nos. 2 and 3 impugned in this petition, are quashed and set aside and the matter is remitted back to the Education Officer (Primary), Zilla Parishad, Osmanabad for reconsideration. The Education Officer (Primary), Zilla Parishad, Osmanabad shall proceed to take decision on the application in accordance with provisions of Secondary Schools Code, 2006 and the observations made in this judgment. The petitioner shall cause appearance before the Education Officer (Primary), Zilla Parishad, Osmanabad on 29th October, 2012 and as such, no separate notice requiring petitioner's appearance before respondent No. 3 shall be essential. Respondent No. 3 shall decide the application, as expeditiously as possible, preferably within eight (8) weeks from date of appearance of petitioner before him. Rule is accordingly made absolute. No order as to costs.',
	(int) 35 => '<p> 7. Pending civil application, if any, does not survive, same stands disposed of.',
	(int) 36 => ''
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			'casename' => 'Vilas S/O Dattatraya Ransubhe Vs. the State of Maharashtra, Through the Secretary, School Education and Sports Department and Others',
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			'judgement' => '<p style="text-align: justify;"><strong>Oral Judgment : [ R.M. Borde, J.]</strong><p style="text-align: justify;"> Rule. Rule made returnable forthwith.</p><p style="text-align: justify;"> With consent of the parties, the petition is taken up for final disposal at admission stage.</p><p style="text-align: justify;"> 2. The petitioner claims to be belonging to Bhavsar Kshetriya caste which is included in Other Backward Class category. The petitioner is serving as Conductor in Maharashtra State Road Transport Corporation. The school record of the petitioner records caste as 'Hindu Maratha'. According to the petitioner, while securing admission in school, his father has erroneously recorded the entry as 'Hindu Maratha'. He further contends that old record pertaining to his father, uncle and other near relatives show that they belong to 'Bhavsar Kehstriya caste'. The petitioner has also been issued caste certificate by the competent authority. The son of the petitioner has also been issued caste certificate by the competent authority certifying that he belongs to 'Bhavsar Kshetriya caste' and his caste claim has been validated by the competent Committee. The petitioner, therefore, tendered application to school where he was studying for onward transmission to the Education Officer (Primary), Zilla Parishad, Osmanabad for issuing directions for affecting necessary corrections. The school authority forwarded the application with favourable recommendation to the Education Officer. The Education Officer (Primary) by his order dated 1st November, 2011 was pleased to reject the application recording that since the petitioner has left the school, the application is not maintainable.</p><p style="text-align: justify;"> 3. The petitioner tendered appeal to the Deputy Director of Education, Latur Division, Latur,which was heard and disposed of by Deputy Director of Education, Latur Division, Latur on 30th January, 2012 and appeal came to be dismissed. The appellate authority has recorded in the order that rule 26.4, Appendix-Six of the Secondary Schools Code-2006 does not permit to make correction in the entries in respect of caste in the school record after pupil has left the school. According to the petitioner, reasons recorded by both the authorities for turning down his claim are erroneous and against the provisions of Secondary Schools Code, 2006. Rule 26.4 of the Secondary Schools Code, 2006 prescribe that application for change or correction of date of birth, name, surname, caste etc., as entered in the General Register shall be entertained from or on behalf of a pupil who is attending a school. It further provide that such application shall not be entertained from or on behalf of a pupil, who has left the school, as the same amounts not only to a change in the entries in the General Register but also to a change in the School Leaving Certificate. It has been further prescribed that, however, for the purposes like an admission to another educational institution the School Leaving certificate is relied upon as an evidence for name, surname, caste, date of birth etc., and in bonafide cases where wrong spelling of a word or an obvious mistake of the type mentioned in sub-rule 3 above is noticed any time after issue of the School Leaving Certificate and the same is required to be corrected so as to be consistent with the corresponding entries in the General Register of the school or those in the School Leaving Certificate issued by the previous school, such applications shall be entertained. The procedure to be followed in such cases is laid down in Appendix Six.</p><p style="text-align: justify;"> 4. Rule 26.4 of the Secondary Schools Code, 2006 has been interpreted by the Division Bench of this Court in the matter of Shaikh Shafi Ahmed Khadarsab vs. The State of Maharashtra and others in Writ Petition No. 1138 of 2009 decided on 13<sup>th</sup> March, 2012. In paragraph-11 of the judgment cited supra, the Division Bench of this Court has observed thus:</p><p style="text-align: justify;"> "11. For all these reasons, we hold that the instructions contained in para 26.4 of the S.S.Code that an application for change of an entry in the General Register of a school shall be entertained only on behalf of the pupil who is attending the school meaning thereby that it shall not be entertained on behalf of the pupil who has left the school, are directory and not mandatory. In our view, such an application can be entertained even after the pupil has left the school, provided the application is bona-fide and the pupil is able to satisfy that the original entry in the General Register of the school is erroneous. The application can be rejected if the entry is not shown to be erroneous and wrong. It, however, cannot be rejected without it being considered on merits, only on the technical ground that the application has been made after the pupil has left the school."</p><p style="text-align: justify;"> 5. Appendix Six of the Secondary Schools Code, 2006 lays down the procedure in respect of making correction and change in names, surnames, caste/sub-caste, date of birth etc., Paragraph Nos.12 to 15 of Appendix Six reads thus:</p><p style="text-align: justify;"> "<strong>Change in Caste or Sub-Caste (in respect of B.C. pupils only):</strong></p><p style="text-align: justify;"> (12) For making changes in caste or sub-caste of Backward Class pupils the guardian of the pupil shall make an application in Form No. 3 accompanying these rules.</p><p style="text-align: justify;"> (13) Permission may be given to change the entries in the General Register of the school in respect of "caste" or "sub-caste" of Backward Class pupils in the following circumstances.</p><p style="text-align: justify;"> (i) due to wrong entries made initially;</p><p style="text-align: justify;"> (ii) due to change in religion;</p><p style="text-align: justify;"> (iii) if the caste previously treated as non-backward was subsequently declared by Government as Backward or vice-versa.</p><p style="text-align: justify;"> (iv) due to adoption;</p><p style="text-align: justify;"> (v) due to inter-caste or inter-religion marriage;</p><p style="text-align: justify;"> (14) For this purpose, the necessary certificates from the following authorities must accompany the application for change of caste or sub-caste:</p><p style="text-align: justify;"> <strong>(a) For Reasons</strong>, (i),(ii) and (iii) above:</p><p style="text-align: justify;"> In Greater Bombay (a) The Chief Presidency Magistrate or the Presidency Magistrate authorised by him;</p><p style="text-align: justify;"> Or</p><p style="text-align: justify;"> (b) Justice of Peace; or (Deleted)</p><p style="text-align: justify;"> (c) Social, Welfare Officer, Greater Bombay, Bombay.</p><p style="text-align: justify;"> In other areas (d) The District Magistrates or Executive Magistrates authorized by them;</p><p style="text-align: justify;"> or</p><p style="text-align: justify;"> (e) Honorary Magistrates; or (Deleted)</p><p style="text-align: justify;"> (f) The Social Welfare Officer of the district concerned.</p><p style="text-align: justify;"> (<strong>b) Due to adoption </strong>:</p><p style="text-align: justify;"> The original adoption-deed or a certified copy of that deed or a certificate from stipendiary Magistrate showing the change in name (if any) and the caste or sub-caste changed as a result of adoption should accompany the application for change in caste or sub-caste.</p><p style="text-align: justify;"> <strong>(c) Due to inter-caste or inter-religion marriage </strong>:</p><p style="text-align: justify;"> A declaration by the parent or guardian attested by two witnesses and the student himself/herself or certified copy of the certificate of registration of marriage should accompany the application for change in caste or sub-caste along with the certificate from the concerned competent authority mentioned in (a) above showing that the caste or sub-caste has changed as a result of the marriage.</p><p style="text-align: justify;"> <strong>(d) Due to any other reason </strong>:</p><p style="text-align: justify;"> An affidavit made before a stipendiary Magistrate by the parent or guardian should accompany the application for change in caste of sub-caste.</p><p style="text-align: justify;"> <strong>N.B</strong>.: The term "Backward Class" means and includes the following categories.</p><table border="1" cellpadding="0" cellspacing="0"><tbody><tr><td style="width: 43px">1<td style="width: 251px">Scheduled castes and Schedule Caste converts to Buddhism.<td style="width: 282px">As per Scheduled Castes and Scheduled Tribes Lists Modification Order, 1956, as adopted for Maharashtra State.</tr><tr><td style="width: 43px">2<td style="width: 251px">Scheduled Tribes including those outside specified areas.<td style="width: 282px">Vide Part VII-A of the Seventh and Eighth Schedule of the Bombay Reorganisation Act, 1960 and orders issued by Government in this behalf from time to time.</tr><tr><td style="width: 43px">3<td style="width: 251px">DenotifiedTribes and Nomadic Tribes.<td style="width: 282px">As per Government Resolution, Education and Social Welfare Deptt. No. CBC. 1361-M, dated 21<sup>st</sup> November 1961 and Government from time to time.</tr><tr><td style="width: 43px">4<td style="width: 251px">Other Classes.<td style="width: 282px">Backward Castes which have been declared as belonging to the other Backward Classes by Government from time to time.</tr></tbody></table><strong>General</strong>:-<p style="text-align: justify;"> (Please also see Annexure 36).</p><p style="text-align: justify;"> 15. An appeal against the decision of the Educational Inspector, Greater Bombay or as the case may be, the Education Officer, Zilla Parishad concerned, who has not sanctioned the change shall be submitted to the Deputy Director concerned within 30 days of the receipt of the order."</p><p style="text-align: justify;"> 6. On fulfillment of requirements laid down under Appendix Six, the application tendered for effecting change in the entries recorded in school record can be entertained. Respondents were therefore not justified in turning down the application tendered by the petitioner on the ground that the entries recorded in the school record cannot be corrected after pupil has left school. The petition, therefore, deserves to be allowed and Education Officer (Primary), Zilla Parishad, Osmanabad is required to be directed to consider the application tendered by the petitioner to the school authorities and which has been forwarded to the Education Officer (Primary), Zilla Parishad, Osmanabad, in accordance with provisions of Secondary Schools Code, 2006. The orders passed by respondent Nos. 2 and 3 impugned in this petition, are quashed and set aside and the matter is remitted back to the Education Officer (Primary), Zilla Parishad, Osmanabad for reconsideration. The Education Officer (Primary), Zilla Parishad, Osmanabad shall proceed to take decision on the application in accordance with provisions of Secondary Schools Code, 2006 and the observations made in this judgment. The petitioner shall cause appearance before the Education Officer (Primary), Zilla Parishad, Osmanabad on 29th October, 2012 and as such, no separate notice requiring petitioner's appearance before respondent No. 3 shall be essential. Respondent No. 3 shall decide the application, as expeditiously as possible, preferably within eight (8) weeks from date of appearance of petitioner before him. Rule is accordingly made absolute. No order as to costs.</p><p style="text-align: justify;"> 7. Pending civil application, if any, does not survive, same stands disposed of.</p>',
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		'judgement' => '<p><strong>Oral Judgment : [ R.M. Borde, J.]</strong><p> Rule. Rule made returnable forthwith.</p><p> With consent of the parties, the petition is taken up for final disposal at admission stage.</p><p> 2. The petitioner claims to be belonging to Bhavsar Kshetriya caste which is included in Other Backward Class category. The petitioner is serving as Conductor in Maharashtra State Road Transport Corporation. The school record of the petitioner records caste as 'Hindu Maratha'. According to the petitioner, while securing admission in school, his father has erroneously recorded the entry as 'Hindu Maratha'. He further contends that old record pertaining to his father, uncle and other near relatives show that they belong to 'Bhavsar Kehstriya caste'. The petitioner has also been issued caste certificate by the competent authority. The son of the petitioner has also been issued caste certificate by the competent authority certifying that he belongs to 'Bhavsar Kshetriya caste' and his caste claim has been validated by the competent Committee. The petitioner, therefore, tendered application to school where he was studying for onward transmission to the Education Officer (Primary), Zilla Parishad, Osmanabad for issuing directions for affecting necessary corrections. The school authority forwarded the application with favourable recommendation to the Education Officer. The Education Officer (Primary) by his order dated 1st November, 2011 was pleased to reject the application recording that since the petitioner has left the school, the application is not maintainable.</p><p> 3. The petitioner tendered appeal to the Deputy Director of Education, Latur Division, Latur,which was heard and disposed of by Deputy Director of Education, Latur Division, Latur on 30th January, 2012 and appeal came to be dismissed. The appellate authority has recorded in the order that rule 26.4, Appendix-Six of the Secondary Schools Code-2006 does not permit to make correction in the entries in respect of caste in the school record after pupil has left the school. According to the petitioner, reasons recorded by both the authorities for turning down his claim are erroneous and against the provisions of Secondary Schools Code, 2006. Rule 26.4 of the Secondary Schools Code, 2006 prescribe that application for change or correction of date of birth, name, surname, caste etc., as entered in the General Register shall be entertained from or on behalf of a pupil who is attending a school. It further provide that such application shall not be entertained from or on behalf of a pupil, who has left the school, as the same amounts not only to a change in the entries in the General Register but also to a change in the School Leaving Certificate. It has been further prescribed that, however, for the purposes like an admission to another educational institution the School Leaving certificate is relied upon as an evidence for name, surname, caste, date of birth etc., and in bonafide cases where wrong spelling of a word or an obvious mistake of the type mentioned in sub-rule 3 above is noticed any time after issue of the School Leaving Certificate and the same is required to be corrected so as to be consistent with the corresponding entries in the General Register of the school or those in the School Leaving Certificate issued by the previous school, such applications shall be entertained. The procedure to be followed in such cases is laid down in Appendix Six.</p><p> 4. Rule 26.4 of the Secondary Schools Code, 2006 has been interpreted by the Division Bench of this Court in the matter of Shaikh Shafi Ahmed Khadarsab vs. The State of Maharashtra and others in Writ Petition No. 1138 of 2009 decided on 13<sup>th</sup> March, 2012. In paragraph-11 of the judgment cited supra, the Division Bench of this Court has observed thus:</p><p> "11. For all these reasons, we hold that the instructions contained in para 26.4 of the S.S.Code that an application for change of an entry in the General Register of a school shall be entertained only on behalf of the pupil who is attending the school meaning thereby that it shall not be entertained on behalf of the pupil who has left the school, are directory and not mandatory. In our view, such an application can be entertained even after the pupil has left the school, provided the application is bona-fide and the pupil is able to satisfy that the original entry in the General Register of the school is erroneous. The application can be rejected if the entry is not shown to be erroneous and wrong. It, however, cannot be rejected without it being considered on merits, only on the technical ground that the application has been made after the pupil has left the school."</p><p> 5. Appendix Six of the Secondary Schools Code, 2006 lays down the procedure in respect of making correction and change in names, surnames, caste/sub-caste, date of birth etc., Paragraph Nos.12 to 15 of Appendix Six reads thus:</p><p> "<strong>Change in Caste or Sub-Caste (in respect of B.C. pupils only):</strong></p><p> (12) For making changes in caste or sub-caste of Backward Class pupils the guardian of the pupil shall make an application in Form No. 3 accompanying these rules.</p><p> (13) Permission may be given to change the entries in the General Register of the school in respect of "caste" or "sub-caste" of Backward Class pupils in the following circumstances.</p><p> (i) due to wrong entries made initially;</p><p> (ii) due to change in religion;</p><p> (iii) if the caste previously treated as non-backward was subsequently declared by Government as Backward or vice-versa.</p><p> (iv) due to adoption;</p><p> (v) due to inter-caste or inter-religion marriage;</p><p> (14) For this purpose, the necessary certificates from the following authorities must accompany the application for change of caste or sub-caste:</p><p> <strong>(a) For Reasons</strong>, (i),(ii) and (iii) above:</p><p> In Greater Bombay (a) The Chief Presidency Magistrate or the Presidency Magistrate authorised by him;</p><p> Or</p><p> (b) Justice of Peace; or (Deleted)</p><p> (c) Social, Welfare Officer, Greater Bombay, Bombay.</p><p> In other areas (d) The District Magistrates or Executive Magistrates authorized by them;</p><p> or</p><p> (e) Honorary Magistrates; or (Deleted)</p><p> (f) The Social Welfare Officer of the district concerned.</p><p> (<strong>b) Due to adoption </strong>:</p><p> The original adoption-deed or a certified copy of that deed or a certificate from stipendiary Magistrate showing the change in name (if any) and the caste or sub-caste changed as a result of adoption should accompany the application for change in caste or sub-caste.</p><p> <strong>(c) Due to inter-caste or inter-religion marriage </strong>:</p><p> A declaration by the parent or guardian attested by two witnesses and the student himself/herself or certified copy of the certificate of registration of marriage should accompany the application for change in caste or sub-caste along with the certificate from the concerned competent authority mentioned in (a) above showing that the caste or sub-caste has changed as a result of the marriage.</p><p> <strong>(d) Due to any other reason </strong>:</p><p> An affidavit made before a stipendiary Magistrate by the parent or guardian should accompany the application for change in caste of sub-caste.</p><p> <strong>N.B</strong>.: The term "Backward Class" means and includes the following categories.</p><table><tbody><tr><td>1<td>Scheduled castes and Schedule Caste converts to Buddhism.<td>As per Scheduled Castes and Scheduled Tribes Lists Modification Order, 1956, as adopted for Maharashtra State.</tr><tr><td>2<td>Scheduled Tribes including those outside specified areas.<td>Vide Part VII-A of the Seventh and Eighth Schedule of the Bombay Reorganisation Act, 1960 and orders issued by Government in this behalf from time to time.</tr><tr><td>3<td>DenotifiedTribes and Nomadic Tribes.<td>As per Government Resolution, Education and Social Welfare Deptt. No. CBC. 1361-M, dated 21<sup>st</sup> November 1961 and Government from time to time.</tr><tr><td>4<td>Other Classes.<td>Backward Castes which have been declared as belonging to the other Backward Classes by Government from time to time.</tr></tbody></table><strong>General</strong>:-<p> (Please also see Annexure 36).</p><p> 15. An appeal against the decision of the Educational Inspector, Greater Bombay or as the case may be, the Education Officer, Zilla Parishad concerned, who has not sanctioned the change shall be submitted to the Deputy Director concerned within 30 days of the receipt of the order."</p><p> 6. On fulfillment of requirements laid down under Appendix Six, the application tendered for effecting change in the entries recorded in school record can be entertained. Respondents were therefore not justified in turning down the application tendered by the petitioner on the ground that the entries recorded in the school record cannot be corrected after pupil has left school. The petition, therefore, deserves to be allowed and Education Officer (Primary), Zilla Parishad, Osmanabad is required to be directed to consider the application tendered by the petitioner to the school authorities and which has been forwarded to the Education Officer (Primary), Zilla Parishad, Osmanabad, in accordance with provisions of Secondary Schools Code, 2006. The orders passed by respondent Nos. 2 and 3 impugned in this petition, are quashed and set aside and the matter is remitted back to the Education Officer (Primary), Zilla Parishad, Osmanabad for reconsideration. The Education Officer (Primary), Zilla Parishad, Osmanabad shall proceed to take decision on the application in accordance with provisions of Secondary Schools Code, 2006 and the observations made in this judgment. The petitioner shall cause appearance before the Education Officer (Primary), Zilla Parishad, Osmanabad on 29th October, 2012 and as such, no separate notice requiring petitioner's appearance before respondent No. 3 shall be essential. Respondent No. 3 shall decide the application, as expeditiously as possible, preferably within eight (8) weeks from date of appearance of petitioner before him. Rule is accordingly made absolute. No order as to costs.</p><p> 7. Pending civil application, if any, does not survive, same stands disposed of.</p>',
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	(int) 1 => '<p> With consent of the parties, the petition is taken up for final disposal at admission stage.',
	(int) 2 => '<p> 2. The petitioner claims to be belonging to Bhavsar Kshetriya caste which is included in Other Backward Class category. The petitioner is serving as Conductor in Maharashtra State Road Transport Corporation. The school record of the petitioner records caste as 'Hindu Maratha'. According to the petitioner, while securing admission in school, his father has erroneously recorded the entry as 'Hindu Maratha'. He further contends that old record pertaining to his father, uncle and other near relatives show that they belong to 'Bhavsar Kehstriya caste'. The petitioner has also been issued caste certificate by the competent authority. The son of the petitioner has also been issued caste certificate by the competent authority certifying that he belongs to 'Bhavsar Kshetriya caste' and his caste claim has been validated by the competent Committee. The petitioner, therefore, tendered application to school where he was studying for onward transmission to the Education Officer (Primary), Zilla Parishad, Osmanabad for issuing directions for affecting necessary corrections. The school authority forwarded the application with favourable recommendation to the Education Officer. The Education Officer (Primary) by his order dated 1st November, 2011 was pleased to reject the application recording that since the petitioner has left the school, the application is not maintainable.',
	(int) 3 => '<p> 3. The petitioner tendered appeal to the Deputy Director of Education, Latur Division, Latur,which was heard and disposed of by Deputy Director of Education, Latur Division, Latur on 30th January, 2012 and appeal came to be dismissed. The appellate authority has recorded in the order that rule 26.4, Appendix-Six of the Secondary Schools Code-2006 does not permit to make correction in the entries in respect of caste in the school record after pupil has left the school. According to the petitioner, reasons recorded by both the authorities for turning down his claim are erroneous and against the provisions of Secondary Schools Code, 2006. Rule 26.4 of the Secondary Schools Code, 2006 prescribe that application for change or correction of date of birth, name, surname, caste etc., as entered in the General Register shall be entertained from or on behalf of a pupil who is attending a school. It further provide that such application shall not be entertained from or on behalf of a pupil, who has left the school, as the same amounts not only to a change in the entries in the General Register but also to a change in the School Leaving Certificate. It has been further prescribed that, however, for the purposes like an admission to another educational institution the School Leaving certificate is relied upon as an evidence for name, surname, caste, date of birth etc., and in bonafide cases where wrong spelling of a word or an obvious mistake of the type mentioned in sub-rule 3 above is noticed any time after issue of the School Leaving Certificate and the same is required to be corrected so as to be consistent with the corresponding entries in the General Register of the school or those in the School Leaving Certificate issued by the previous school, such applications shall be entertained. The procedure to be followed in such cases is laid down in Appendix Six.',
	(int) 4 => '<p> 4. Rule 26.4 of the Secondary Schools Code, 2006 has been interpreted by the Division Bench of this Court in the matter of Shaikh Shafi Ahmed Khadarsab vs. The State of Maharashtra and others in Writ Petition No. 1138 of 2009 decided on 13<sup>th</sup> March, 2012. In paragraph-11 of the judgment cited supra, the Division Bench of this Court has observed thus:',
	(int) 5 => '<p> "11. For all these reasons, we hold that the instructions contained in para 26.4 of the S.S.Code that an application for change of an entry in the General Register of a school shall be entertained only on behalf of the pupil who is attending the school meaning thereby that it shall not be entertained on behalf of the pupil who has left the school, are directory and not mandatory. In our view, such an application can be entertained even after the pupil has left the school, provided the application is bona-fide and the pupil is able to satisfy that the original entry in the General Register of the school is erroneous. The application can be rejected if the entry is not shown to be erroneous and wrong. It, however, cannot be rejected without it being considered on merits, only on the technical ground that the application has been made after the pupil has left the school."',
	(int) 6 => '<p> 5. Appendix Six of the Secondary Schools Code, 2006 lays down the procedure in respect of making correction and change in names, surnames, caste/sub-caste, date of birth etc., Paragraph Nos.12 to 15 of Appendix Six reads thus:',
	(int) 7 => '<p> "<strong>Change in Caste or Sub-Caste (in respect of B.C. pupils only):</strong>',
	(int) 8 => '<p> (12) For making changes in caste or sub-caste of Backward Class pupils the guardian of the pupil shall make an application in Form No. 3 accompanying these rules.',
	(int) 9 => '<p> (13) Permission may be given to change the entries in the General Register of the school in respect of "caste" or "sub-caste" of Backward Class pupils in the following circumstances.',
	(int) 10 => '<p> (i) due to wrong entries made initially;',
	(int) 11 => '<p> (ii) due to change in religion;',
	(int) 12 => '<p> (iii) if the caste previously treated as non-backward was subsequently declared by Government as Backward or vice-versa.',
	(int) 13 => '<p> (iv) due to adoption;',
	(int) 14 => '<p> (v) due to inter-caste or inter-religion marriage;',
	(int) 15 => '<p> (14) For this purpose, the necessary certificates from the following authorities must accompany the application for change of caste or sub-caste:',
	(int) 16 => '<p> <strong>(a) For Reasons</strong>, (i),(ii) and (iii) above:',
	(int) 17 => '<p> In Greater Bombay (a) The Chief Presidency Magistrate or the Presidency Magistrate authorised by him;',
	(int) 18 => '<p> Or',
	(int) 19 => '<p> (b) Justice of Peace; or (Deleted)',
	(int) 20 => '<p> (c) Social, Welfare Officer, Greater Bombay, Bombay.',
	(int) 21 => '<p> In other areas (d) The District Magistrates or Executive Magistrates authorized by them;',
	(int) 22 => '<p> or',
	(int) 23 => '<p> (e) Honorary Magistrates; or (Deleted)',
	(int) 24 => '<p> (f) The Social Welfare Officer of the district concerned.',
	(int) 25 => '<p> (<strong>b) Due to adoption </strong>:',
	(int) 26 => '<p> The original adoption-deed or a certified copy of that deed or a certificate from stipendiary Magistrate showing the change in name (if any) and the caste or sub-caste changed as a result of adoption should accompany the application for change in caste or sub-caste.',
	(int) 27 => '<p> <strong>(c) Due to inter-caste or inter-religion marriage </strong>:',
	(int) 28 => '<p> A declaration by the parent or guardian attested by two witnesses and the student himself/herself or certified copy of the certificate of registration of marriage should accompany the application for change in caste or sub-caste along with the certificate from the concerned competent authority mentioned in (a) above showing that the caste or sub-caste has changed as a result of the marriage.',
	(int) 29 => '<p> <strong>(d) Due to any other reason </strong>:',
	(int) 30 => '<p> An affidavit made before a stipendiary Magistrate by the parent or guardian should accompany the application for change in caste of sub-caste.',
	(int) 31 => '<p> <strong>N.B</strong>.: The term "Backward Class" means and includes the following categories.',
	(int) 32 => '<table><tbody><tr><td>1<td>Scheduled castes and Schedule Caste converts to Buddhism.<td>As per Scheduled Castes and Scheduled Tribes Lists Modification Order, 1956, as adopted for Maharashtra State.</tr><tr><td>2<td>Scheduled Tribes including those outside specified areas.<td>Vide Part VII-A of the Seventh and Eighth Schedule of the Bombay Reorganisation Act, 1960 and orders issued by Government in this behalf from time to time.</tr><tr><td>3<td>DenotifiedTribes and Nomadic Tribes.<td>As per Government Resolution, Education and Social Welfare Deptt. No. CBC. 1361-M, dated 21<sup>st</sup> November 1961 and Government from time to time.</tr><tr><td>4<td>Other Classes.<td>Backward Castes which have been declared as belonging to the other Backward Classes by Government from time to time.</tr></tbody></table><strong>General</strong>:-<p> (Please also see Annexure 36).',
	(int) 33 => '<p> 15. An appeal against the decision of the Educational Inspector, Greater Bombay or as the case may be, the Education Officer, Zilla Parishad concerned, who has not sanctioned the change shall be submitted to the Deputy Director concerned within 30 days of the receipt of the order."',
	(int) 34 => '<p> 6. On fulfillment of requirements laid down under Appendix Six, the application tendered for effecting change in the entries recorded in school record can be entertained. Respondents were therefore not justified in turning down the application tendered by the petitioner on the ground that the entries recorded in the school record cannot be corrected after pupil has left school. The petition, therefore, deserves to be allowed and Education Officer (Primary), Zilla Parishad, Osmanabad is required to be directed to consider the application tendered by the petitioner to the school authorities and which has been forwarded to the Education Officer (Primary), Zilla Parishad, Osmanabad, in accordance with provisions of Secondary Schools Code, 2006. The orders passed by respondent Nos. 2 and 3 impugned in this petition, are quashed and set aside and the matter is remitted back to the Education Officer (Primary), Zilla Parishad, Osmanabad for reconsideration. The Education Officer (Primary), Zilla Parishad, Osmanabad shall proceed to take decision on the application in accordance with provisions of Secondary Schools Code, 2006 and the observations made in this judgment. The petitioner shall cause appearance before the Education Officer (Primary), Zilla Parishad, Osmanabad on 29th October, 2012 and as such, no separate notice requiring petitioner's appearance before respondent No. 3 shall be essential. Respondent No. 3 shall decide the application, as expeditiously as possible, preferably within eight (8) weeks from date of appearance of petitioner before him. Rule is accordingly made absolute. No order as to costs.',
	(int) 35 => '<p> 7. Pending civil application, if any, does not survive, same stands disposed of.',
	(int) 36 => ''
)
$paragraphAfter = (int) 1
$cnt = (int) 37
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The original adoption-deed or a certified copy of that deed or a certificate from stipendiary Magistrate showing the change in name (if any) and the caste or sub-caste changed as a result of adoption should accompany the application for change in caste or sub-caste.

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	'title_for_layout' => 'Vilas S O Dattatraya Ransubhe Vs the State of Maharashtra Through the Secretary School Education and Sports Department and Others - Citation 1105404 - Court Judgment | ',
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		'Judgement' => array(
			'id' => '1105404',
			'acts' => null,
			'appealno' => 'Writ Petition No.3266 of 2012 ',
			'appellant' => 'Vilas S/O Dattatraya Ransubhe',
			'authreffered' => null,
			'casename' => 'Vilas S/O Dattatraya Ransubhe Vs. the State of Maharashtra, Through the Secretary, School Education and Sports Department and Others',
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			'decidedon' => '2012-10-08',
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			'judge' => 'R.M. BORDE & S.S. SHINDE',
			'judgement' => '<p style="text-align: justify;"><strong>Oral Judgment : [ R.M. Borde, J.]</strong><p style="text-align: justify;"> Rule. Rule made returnable forthwith.</p><p style="text-align: justify;"> With consent of the parties, the petition is taken up for final disposal at admission stage.</p><p style="text-align: justify;"> 2. The petitioner claims to be belonging to Bhavsar Kshetriya caste which is included in Other Backward Class category. The petitioner is serving as Conductor in Maharashtra State Road Transport Corporation. The school record of the petitioner records caste as 'Hindu Maratha'. According to the petitioner, while securing admission in school, his father has erroneously recorded the entry as 'Hindu Maratha'. He further contends that old record pertaining to his father, uncle and other near relatives show that they belong to 'Bhavsar Kehstriya caste'. The petitioner has also been issued caste certificate by the competent authority. The son of the petitioner has also been issued caste certificate by the competent authority certifying that he belongs to 'Bhavsar Kshetriya caste' and his caste claim has been validated by the competent Committee. The petitioner, therefore, tendered application to school where he was studying for onward transmission to the Education Officer (Primary), Zilla Parishad, Osmanabad for issuing directions for affecting necessary corrections. The school authority forwarded the application with favourable recommendation to the Education Officer. The Education Officer (Primary) by his order dated 1st November, 2011 was pleased to reject the application recording that since the petitioner has left the school, the application is not maintainable.</p><p style="text-align: justify;"> 3. The petitioner tendered appeal to the Deputy Director of Education, Latur Division, Latur,which was heard and disposed of by Deputy Director of Education, Latur Division, Latur on 30th January, 2012 and appeal came to be dismissed. The appellate authority has recorded in the order that rule 26.4, Appendix-Six of the Secondary Schools Code-2006 does not permit to make correction in the entries in respect of caste in the school record after pupil has left the school. According to the petitioner, reasons recorded by both the authorities for turning down his claim are erroneous and against the provisions of Secondary Schools Code, 2006. Rule 26.4 of the Secondary Schools Code, 2006 prescribe that application for change or correction of date of birth, name, surname, caste etc., as entered in the General Register shall be entertained from or on behalf of a pupil who is attending a school. It further provide that such application shall not be entertained from or on behalf of a pupil, who has left the school, as the same amounts not only to a change in the entries in the General Register but also to a change in the School Leaving Certificate. It has been further prescribed that, however, for the purposes like an admission to another educational institution the School Leaving certificate is relied upon as an evidence for name, surname, caste, date of birth etc., and in bonafide cases where wrong spelling of a word or an obvious mistake of the type mentioned in sub-rule 3 above is noticed any time after issue of the School Leaving Certificate and the same is required to be corrected so as to be consistent with the corresponding entries in the General Register of the school or those in the School Leaving Certificate issued by the previous school, such applications shall be entertained. The procedure to be followed in such cases is laid down in Appendix Six.</p><p style="text-align: justify;"> 4. Rule 26.4 of the Secondary Schools Code, 2006 has been interpreted by the Division Bench of this Court in the matter of Shaikh Shafi Ahmed Khadarsab vs. The State of Maharashtra and others in Writ Petition No. 1138 of 2009 decided on 13<sup>th</sup> March, 2012. In paragraph-11 of the judgment cited supra, the Division Bench of this Court has observed thus:</p><p style="text-align: justify;"> "11. For all these reasons, we hold that the instructions contained in para 26.4 of the S.S.Code that an application for change of an entry in the General Register of a school shall be entertained only on behalf of the pupil who is attending the school meaning thereby that it shall not be entertained on behalf of the pupil who has left the school, are directory and not mandatory. In our view, such an application can be entertained even after the pupil has left the school, provided the application is bona-fide and the pupil is able to satisfy that the original entry in the General Register of the school is erroneous. The application can be rejected if the entry is not shown to be erroneous and wrong. It, however, cannot be rejected without it being considered on merits, only on the technical ground that the application has been made after the pupil has left the school."</p><p style="text-align: justify;"> 5. Appendix Six of the Secondary Schools Code, 2006 lays down the procedure in respect of making correction and change in names, surnames, caste/sub-caste, date of birth etc., Paragraph Nos.12 to 15 of Appendix Six reads thus:</p><p style="text-align: justify;"> "<strong>Change in Caste or Sub-Caste (in respect of B.C. pupils only):</strong></p><p style="text-align: justify;"> (12) For making changes in caste or sub-caste of Backward Class pupils the guardian of the pupil shall make an application in Form No. 3 accompanying these rules.</p><p style="text-align: justify;"> (13) Permission may be given to change the entries in the General Register of the school in respect of "caste" or "sub-caste" of Backward Class pupils in the following circumstances.</p><p style="text-align: justify;"> (i) due to wrong entries made initially;</p><p style="text-align: justify;"> (ii) due to change in religion;</p><p style="text-align: justify;"> (iii) if the caste previously treated as non-backward was subsequently declared by Government as Backward or vice-versa.</p><p style="text-align: justify;"> (iv) due to adoption;</p><p style="text-align: justify;"> (v) due to inter-caste or inter-religion marriage;</p><p style="text-align: justify;"> (14) For this purpose, the necessary certificates from the following authorities must accompany the application for change of caste or sub-caste:</p><p style="text-align: justify;"> <strong>(a) For Reasons</strong>, (i),(ii) and (iii) above:</p><p style="text-align: justify;"> In Greater Bombay (a) The Chief Presidency Magistrate or the Presidency Magistrate authorised by him;</p><p style="text-align: justify;"> Or</p><p style="text-align: justify;"> (b) Justice of Peace; or (Deleted)</p><p style="text-align: justify;"> (c) Social, Welfare Officer, Greater Bombay, Bombay.</p><p style="text-align: justify;"> In other areas (d) The District Magistrates or Executive Magistrates authorized by them;</p><p style="text-align: justify;"> or</p><p style="text-align: justify;"> (e) Honorary Magistrates; or (Deleted)</p><p style="text-align: justify;"> (f) The Social Welfare Officer of the district concerned.</p><p style="text-align: justify;"> (<strong>b) Due to adoption </strong>:</p><p style="text-align: justify;"> The original adoption-deed or a certified copy of that deed or a certificate from stipendiary Magistrate showing the change in name (if any) and the caste or sub-caste changed as a result of adoption should accompany the application for change in caste or sub-caste.</p><p style="text-align: justify;"> <strong>(c) Due to inter-caste or inter-religion marriage </strong>:</p><p style="text-align: justify;"> A declaration by the parent or guardian attested by two witnesses and the student himself/herself or certified copy of the certificate of registration of marriage should accompany the application for change in caste or sub-caste along with the certificate from the concerned competent authority mentioned in (a) above showing that the caste or sub-caste has changed as a result of the marriage.</p><p style="text-align: justify;"> <strong>(d) Due to any other reason </strong>:</p><p style="text-align: justify;"> An affidavit made before a stipendiary Magistrate by the parent or guardian should accompany the application for change in caste of sub-caste.</p><p style="text-align: justify;"> <strong>N.B</strong>.: The term "Backward Class" means and includes the following categories.</p><table border="1" cellpadding="0" cellspacing="0"><tbody><tr><td style="width: 43px">1<td style="width: 251px">Scheduled castes and Schedule Caste converts to Buddhism.<td style="width: 282px">As per Scheduled Castes and Scheduled Tribes Lists Modification Order, 1956, as adopted for Maharashtra State.</tr><tr><td style="width: 43px">2<td style="width: 251px">Scheduled Tribes including those outside specified areas.<td style="width: 282px">Vide Part VII-A of the Seventh and Eighth Schedule of the Bombay Reorganisation Act, 1960 and orders issued by Government in this behalf from time to time.</tr><tr><td style="width: 43px">3<td style="width: 251px">DenotifiedTribes and Nomadic Tribes.<td style="width: 282px">As per Government Resolution, Education and Social Welfare Deptt. No. CBC. 1361-M, dated 21<sup>st</sup> November 1961 and Government from time to time.</tr><tr><td style="width: 43px">4<td style="width: 251px">Other Classes.<td style="width: 282px">Backward Castes which have been declared as belonging to the other Backward Classes by Government from time to time.</tr></tbody></table><strong>General</strong>:-<p style="text-align: justify;"> (Please also see Annexure 36).</p><p style="text-align: justify;"> 15. An appeal against the decision of the Educational Inspector, Greater Bombay or as the case may be, the Education Officer, Zilla Parishad concerned, who has not sanctioned the change shall be submitted to the Deputy Director concerned within 30 days of the receipt of the order."</p><p style="text-align: justify;"> 6. On fulfillment of requirements laid down under Appendix Six, the application tendered for effecting change in the entries recorded in school record can be entertained. Respondents were therefore not justified in turning down the application tendered by the petitioner on the ground that the entries recorded in the school record cannot be corrected after pupil has left school. The petition, therefore, deserves to be allowed and Education Officer (Primary), Zilla Parishad, Osmanabad is required to be directed to consider the application tendered by the petitioner to the school authorities and which has been forwarded to the Education Officer (Primary), Zilla Parishad, Osmanabad, in accordance with provisions of Secondary Schools Code, 2006. The orders passed by respondent Nos. 2 and 3 impugned in this petition, are quashed and set aside and the matter is remitted back to the Education Officer (Primary), Zilla Parishad, Osmanabad for reconsideration. The Education Officer (Primary), Zilla Parishad, Osmanabad shall proceed to take decision on the application in accordance with provisions of Secondary Schools Code, 2006 and the observations made in this judgment. The petitioner shall cause appearance before the Education Officer (Primary), Zilla Parishad, Osmanabad on 29th October, 2012 and as such, no separate notice requiring petitioner's appearance before respondent No. 3 shall be essential. Respondent No. 3 shall decide the application, as expeditiously as possible, preferably within eight (8) weeks from date of appearance of petitioner before him. Rule is accordingly made absolute. No order as to costs.</p><p style="text-align: justify;"> 7. Pending civil application, if any, does not survive, same stands disposed of.</p>',
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		'appealno' => 'Writ Petition No.3266 of 2012 ',
		'appellant' => 'Vilas S/O Dattatraya Ransubhe',
		'authreffered' => null,
		'casename' => 'Vilas S/O Dattatraya Ransubhe Vs. the State of Maharashtra, Through the Secretary, School Education and Sports Department and Others',
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		'judgement' => '<p><strong>Oral Judgment : [ R.M. Borde, J.]</strong><p> Rule. Rule made returnable forthwith.</p><p> With consent of the parties, the petition is taken up for final disposal at admission stage.</p><p> 2. The petitioner claims to be belonging to Bhavsar Kshetriya caste which is included in Other Backward Class category. The petitioner is serving as Conductor in Maharashtra State Road Transport Corporation. The school record of the petitioner records caste as 'Hindu Maratha'. According to the petitioner, while securing admission in school, his father has erroneously recorded the entry as 'Hindu Maratha'. He further contends that old record pertaining to his father, uncle and other near relatives show that they belong to 'Bhavsar Kehstriya caste'. The petitioner has also been issued caste certificate by the competent authority. The son of the petitioner has also been issued caste certificate by the competent authority certifying that he belongs to 'Bhavsar Kshetriya caste' and his caste claim has been validated by the competent Committee. The petitioner, therefore, tendered application to school where he was studying for onward transmission to the Education Officer (Primary), Zilla Parishad, Osmanabad for issuing directions for affecting necessary corrections. The school authority forwarded the application with favourable recommendation to the Education Officer. The Education Officer (Primary) by his order dated 1st November, 2011 was pleased to reject the application recording that since the petitioner has left the school, the application is not maintainable.</p><p> 3. The petitioner tendered appeal to the Deputy Director of Education, Latur Division, Latur,which was heard and disposed of by Deputy Director of Education, Latur Division, Latur on 30th January, 2012 and appeal came to be dismissed. The appellate authority has recorded in the order that rule 26.4, Appendix-Six of the Secondary Schools Code-2006 does not permit to make correction in the entries in respect of caste in the school record after pupil has left the school. According to the petitioner, reasons recorded by both the authorities for turning down his claim are erroneous and against the provisions of Secondary Schools Code, 2006. Rule 26.4 of the Secondary Schools Code, 2006 prescribe that application for change or correction of date of birth, name, surname, caste etc., as entered in the General Register shall be entertained from or on behalf of a pupil who is attending a school. It further provide that such application shall not be entertained from or on behalf of a pupil, who has left the school, as the same amounts not only to a change in the entries in the General Register but also to a change in the School Leaving Certificate. It has been further prescribed that, however, for the purposes like an admission to another educational institution the School Leaving certificate is relied upon as an evidence for name, surname, caste, date of birth etc., and in bonafide cases where wrong spelling of a word or an obvious mistake of the type mentioned in sub-rule 3 above is noticed any time after issue of the School Leaving Certificate and the same is required to be corrected so as to be consistent with the corresponding entries in the General Register of the school or those in the School Leaving Certificate issued by the previous school, such applications shall be entertained. The procedure to be followed in such cases is laid down in Appendix Six.</p><p> 4. Rule 26.4 of the Secondary Schools Code, 2006 has been interpreted by the Division Bench of this Court in the matter of Shaikh Shafi Ahmed Khadarsab vs. The State of Maharashtra and others in Writ Petition No. 1138 of 2009 decided on 13<sup>th</sup> March, 2012. In paragraph-11 of the judgment cited supra, the Division Bench of this Court has observed thus:</p><p> "11. For all these reasons, we hold that the instructions contained in para 26.4 of the S.S.Code that an application for change of an entry in the General Register of a school shall be entertained only on behalf of the pupil who is attending the school meaning thereby that it shall not be entertained on behalf of the pupil who has left the school, are directory and not mandatory. In our view, such an application can be entertained even after the pupil has left the school, provided the application is bona-fide and the pupil is able to satisfy that the original entry in the General Register of the school is erroneous. The application can be rejected if the entry is not shown to be erroneous and wrong. It, however, cannot be rejected without it being considered on merits, only on the technical ground that the application has been made after the pupil has left the school."</p><p> 5. Appendix Six of the Secondary Schools Code, 2006 lays down the procedure in respect of making correction and change in names, surnames, caste/sub-caste, date of birth etc., Paragraph Nos.12 to 15 of Appendix Six reads thus:</p><p> "<strong>Change in Caste or Sub-Caste (in respect of B.C. pupils only):</strong></p><p> (12) For making changes in caste or sub-caste of Backward Class pupils the guardian of the pupil shall make an application in Form No. 3 accompanying these rules.</p><p> (13) Permission may be given to change the entries in the General Register of the school in respect of "caste" or "sub-caste" of Backward Class pupils in the following circumstances.</p><p> (i) due to wrong entries made initially;</p><p> (ii) due to change in religion;</p><p> (iii) if the caste previously treated as non-backward was subsequently declared by Government as Backward or vice-versa.</p><p> (iv) due to adoption;</p><p> (v) due to inter-caste or inter-religion marriage;</p><p> (14) For this purpose, the necessary certificates from the following authorities must accompany the application for change of caste or sub-caste:</p><p> <strong>(a) For Reasons</strong>, (i),(ii) and (iii) above:</p><p> In Greater Bombay (a) The Chief Presidency Magistrate or the Presidency Magistrate authorised by him;</p><p> Or</p><p> (b) Justice of Peace; or (Deleted)</p><p> (c) Social, Welfare Officer, Greater Bombay, Bombay.</p><p> In other areas (d) The District Magistrates or Executive Magistrates authorized by them;</p><p> or</p><p> (e) Honorary Magistrates; or (Deleted)</p><p> (f) The Social Welfare Officer of the district concerned.</p><p> (<strong>b) Due to adoption </strong>:</p><p> The original adoption-deed or a certified copy of that deed or a certificate from stipendiary Magistrate showing the change in name (if any) and the caste or sub-caste changed as a result of adoption should accompany the application for change in caste or sub-caste.</p><p> <strong>(c) Due to inter-caste or inter-religion marriage </strong>:</p><p> A declaration by the parent or guardian attested by two witnesses and the student himself/herself or certified copy of the certificate of registration of marriage should accompany the application for change in caste or sub-caste along with the certificate from the concerned competent authority mentioned in (a) above showing that the caste or sub-caste has changed as a result of the marriage.</p><p> <strong>(d) Due to any other reason </strong>:</p><p> An affidavit made before a stipendiary Magistrate by the parent or guardian should accompany the application for change in caste of sub-caste.</p><p> <strong>N.B</strong>.: The term "Backward Class" means and includes the following categories.</p><table><tbody><tr><td>1<td>Scheduled castes and Schedule Caste converts to Buddhism.<td>As per Scheduled Castes and Scheduled Tribes Lists Modification Order, 1956, as adopted for Maharashtra State.</tr><tr><td>2<td>Scheduled Tribes including those outside specified areas.<td>Vide Part VII-A of the Seventh and Eighth Schedule of the Bombay Reorganisation Act, 1960 and orders issued by Government in this behalf from time to time.</tr><tr><td>3<td>DenotifiedTribes and Nomadic Tribes.<td>As per Government Resolution, Education and Social Welfare Deptt. No. CBC. 1361-M, dated 21<sup>st</sup> November 1961 and Government from time to time.</tr><tr><td>4<td>Other Classes.<td>Backward Castes which have been declared as belonging to the other Backward Classes by Government from time to time.</tr></tbody></table><strong>General</strong>:-<p> (Please also see Annexure 36).</p><p> 15. An appeal against the decision of the Educational Inspector, Greater Bombay or as the case may be, the Education Officer, Zilla Parishad concerned, who has not sanctioned the change shall be submitted to the Deputy Director concerned within 30 days of the receipt of the order."</p><p> 6. On fulfillment of requirements laid down under Appendix Six, the application tendered for effecting change in the entries recorded in school record can be entertained. Respondents were therefore not justified in turning down the application tendered by the petitioner on the ground that the entries recorded in the school record cannot be corrected after pupil has left school. The petition, therefore, deserves to be allowed and Education Officer (Primary), Zilla Parishad, Osmanabad is required to be directed to consider the application tendered by the petitioner to the school authorities and which has been forwarded to the Education Officer (Primary), Zilla Parishad, Osmanabad, in accordance with provisions of Secondary Schools Code, 2006. The orders passed by respondent Nos. 2 and 3 impugned in this petition, are quashed and set aside and the matter is remitted back to the Education Officer (Primary), Zilla Parishad, Osmanabad for reconsideration. The Education Officer (Primary), Zilla Parishad, Osmanabad shall proceed to take decision on the application in accordance with provisions of Secondary Schools Code, 2006 and the observations made in this judgment. The petitioner shall cause appearance before the Education Officer (Primary), Zilla Parishad, Osmanabad on 29th October, 2012 and as such, no separate notice requiring petitioner's appearance before respondent No. 3 shall be essential. Respondent No. 3 shall decide the application, as expeditiously as possible, preferably within eight (8) weeks from date of appearance of petitioner before him. Rule is accordingly made absolute. No order as to costs.</p><p> 7. Pending civil application, if any, does not survive, same stands disposed of.</p>',
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	(int) 0 => '<p><strong>Oral Judgment : [ R.M. Borde, J.]</strong><p> Rule. Rule made returnable forthwith.',
	(int) 1 => '<p> With consent of the parties, the petition is taken up for final disposal at admission stage.',
	(int) 2 => '<p> 2. The petitioner claims to be belonging to Bhavsar Kshetriya caste which is included in Other Backward Class category. The petitioner is serving as Conductor in Maharashtra State Road Transport Corporation. The school record of the petitioner records caste as 'Hindu Maratha'. According to the petitioner, while securing admission in school, his father has erroneously recorded the entry as 'Hindu Maratha'. He further contends that old record pertaining to his father, uncle and other near relatives show that they belong to 'Bhavsar Kehstriya caste'. The petitioner has also been issued caste certificate by the competent authority. The son of the petitioner has also been issued caste certificate by the competent authority certifying that he belongs to 'Bhavsar Kshetriya caste' and his caste claim has been validated by the competent Committee. The petitioner, therefore, tendered application to school where he was studying for onward transmission to the Education Officer (Primary), Zilla Parishad, Osmanabad for issuing directions for affecting necessary corrections. The school authority forwarded the application with favourable recommendation to the Education Officer. The Education Officer (Primary) by his order dated 1st November, 2011 was pleased to reject the application recording that since the petitioner has left the school, the application is not maintainable.',
	(int) 3 => '<p> 3. The petitioner tendered appeal to the Deputy Director of Education, Latur Division, Latur,which was heard and disposed of by Deputy Director of Education, Latur Division, Latur on 30th January, 2012 and appeal came to be dismissed. The appellate authority has recorded in the order that rule 26.4, Appendix-Six of the Secondary Schools Code-2006 does not permit to make correction in the entries in respect of caste in the school record after pupil has left the school. According to the petitioner, reasons recorded by both the authorities for turning down his claim are erroneous and against the provisions of Secondary Schools Code, 2006. Rule 26.4 of the Secondary Schools Code, 2006 prescribe that application for change or correction of date of birth, name, surname, caste etc., as entered in the General Register shall be entertained from or on behalf of a pupil who is attending a school. It further provide that such application shall not be entertained from or on behalf of a pupil, who has left the school, as the same amounts not only to a change in the entries in the General Register but also to a change in the School Leaving Certificate. It has been further prescribed that, however, for the purposes like an admission to another educational institution the School Leaving certificate is relied upon as an evidence for name, surname, caste, date of birth etc., and in bonafide cases where wrong spelling of a word or an obvious mistake of the type mentioned in sub-rule 3 above is noticed any time after issue of the School Leaving Certificate and the same is required to be corrected so as to be consistent with the corresponding entries in the General Register of the school or those in the School Leaving Certificate issued by the previous school, such applications shall be entertained. The procedure to be followed in such cases is laid down in Appendix Six.',
	(int) 4 => '<p> 4. Rule 26.4 of the Secondary Schools Code, 2006 has been interpreted by the Division Bench of this Court in the matter of Shaikh Shafi Ahmed Khadarsab vs. The State of Maharashtra and others in Writ Petition No. 1138 of 2009 decided on 13<sup>th</sup> March, 2012. In paragraph-11 of the judgment cited supra, the Division Bench of this Court has observed thus:',
	(int) 5 => '<p> "11. For all these reasons, we hold that the instructions contained in para 26.4 of the S.S.Code that an application for change of an entry in the General Register of a school shall be entertained only on behalf of the pupil who is attending the school meaning thereby that it shall not be entertained on behalf of the pupil who has left the school, are directory and not mandatory. In our view, such an application can be entertained even after the pupil has left the school, provided the application is bona-fide and the pupil is able to satisfy that the original entry in the General Register of the school is erroneous. The application can be rejected if the entry is not shown to be erroneous and wrong. It, however, cannot be rejected without it being considered on merits, only on the technical ground that the application has been made after the pupil has left the school."',
	(int) 6 => '<p> 5. Appendix Six of the Secondary Schools Code, 2006 lays down the procedure in respect of making correction and change in names, surnames, caste/sub-caste, date of birth etc., Paragraph Nos.12 to 15 of Appendix Six reads thus:',
	(int) 7 => '<p> "<strong>Change in Caste or Sub-Caste (in respect of B.C. pupils only):</strong>',
	(int) 8 => '<p> (12) For making changes in caste or sub-caste of Backward Class pupils the guardian of the pupil shall make an application in Form No. 3 accompanying these rules.',
	(int) 9 => '<p> (13) Permission may be given to change the entries in the General Register of the school in respect of "caste" or "sub-caste" of Backward Class pupils in the following circumstances.',
	(int) 10 => '<p> (i) due to wrong entries made initially;',
	(int) 11 => '<p> (ii) due to change in religion;',
	(int) 12 => '<p> (iii) if the caste previously treated as non-backward was subsequently declared by Government as Backward or vice-versa.',
	(int) 13 => '<p> (iv) due to adoption;',
	(int) 14 => '<p> (v) due to inter-caste or inter-religion marriage;',
	(int) 15 => '<p> (14) For this purpose, the necessary certificates from the following authorities must accompany the application for change of caste or sub-caste:',
	(int) 16 => '<p> <strong>(a) For Reasons</strong>, (i),(ii) and (iii) above:',
	(int) 17 => '<p> In Greater Bombay (a) The Chief Presidency Magistrate or the Presidency Magistrate authorised by him;',
	(int) 18 => '<p> Or',
	(int) 19 => '<p> (b) Justice of Peace; or (Deleted)',
	(int) 20 => '<p> (c) Social, Welfare Officer, Greater Bombay, Bombay.',
	(int) 21 => '<p> In other areas (d) The District Magistrates or Executive Magistrates authorized by them;',
	(int) 22 => '<p> or',
	(int) 23 => '<p> (e) Honorary Magistrates; or (Deleted)',
	(int) 24 => '<p> (f) The Social Welfare Officer of the district concerned.',
	(int) 25 => '<p> (<strong>b) Due to adoption </strong>:',
	(int) 26 => '<p> The original adoption-deed or a certified copy of that deed or a certificate from stipendiary Magistrate showing the change in name (if any) and the caste or sub-caste changed as a result of adoption should accompany the application for change in caste or sub-caste.',
	(int) 27 => '<p> <strong>(c) Due to inter-caste or inter-religion marriage </strong>:',
	(int) 28 => '<p> A declaration by the parent or guardian attested by two witnesses and the student himself/herself or certified copy of the certificate of registration of marriage should accompany the application for change in caste or sub-caste along with the certificate from the concerned competent authority mentioned in (a) above showing that the caste or sub-caste has changed as a result of the marriage.',
	(int) 29 => '<p> <strong>(d) Due to any other reason </strong>:',
	(int) 30 => '<p> An affidavit made before a stipendiary Magistrate by the parent or guardian should accompany the application for change in caste of sub-caste.',
	(int) 31 => '<p> <strong>N.B</strong>.: The term "Backward Class" means and includes the following categories.',
	(int) 32 => '<table><tbody><tr><td>1<td>Scheduled castes and Schedule Caste converts to Buddhism.<td>As per Scheduled Castes and Scheduled Tribes Lists Modification Order, 1956, as adopted for Maharashtra State.</tr><tr><td>2<td>Scheduled Tribes including those outside specified areas.<td>Vide Part VII-A of the Seventh and Eighth Schedule of the Bombay Reorganisation Act, 1960 and orders issued by Government in this behalf from time to time.</tr><tr><td>3<td>DenotifiedTribes and Nomadic Tribes.<td>As per Government Resolution, Education and Social Welfare Deptt. No. CBC. 1361-M, dated 21<sup>st</sup> November 1961 and Government from time to time.</tr><tr><td>4<td>Other Classes.<td>Backward Castes which have been declared as belonging to the other Backward Classes by Government from time to time.</tr></tbody></table><strong>General</strong>:-<p> (Please also see Annexure 36).',
	(int) 33 => '<p> 15. An appeal against the decision of the Educational Inspector, Greater Bombay or as the case may be, the Education Officer, Zilla Parishad concerned, who has not sanctioned the change shall be submitted to the Deputy Director concerned within 30 days of the receipt of the order."',
	(int) 34 => '<p> 6. On fulfillment of requirements laid down under Appendix Six, the application tendered for effecting change in the entries recorded in school record can be entertained. Respondents were therefore not justified in turning down the application tendered by the petitioner on the ground that the entries recorded in the school record cannot be corrected after pupil has left school. The petition, therefore, deserves to be allowed and Education Officer (Primary), Zilla Parishad, Osmanabad is required to be directed to consider the application tendered by the petitioner to the school authorities and which has been forwarded to the Education Officer (Primary), Zilla Parishad, Osmanabad, in accordance with provisions of Secondary Schools Code, 2006. The orders passed by respondent Nos. 2 and 3 impugned in this petition, are quashed and set aside and the matter is remitted back to the Education Officer (Primary), Zilla Parishad, Osmanabad for reconsideration. The Education Officer (Primary), Zilla Parishad, Osmanabad shall proceed to take decision on the application in accordance with provisions of Secondary Schools Code, 2006 and the observations made in this judgment. The petitioner shall cause appearance before the Education Officer (Primary), Zilla Parishad, Osmanabad on 29th October, 2012 and as such, no separate notice requiring petitioner's appearance before respondent No. 3 shall be essential. Respondent No. 3 shall decide the application, as expeditiously as possible, preferably within eight (8) weeks from date of appearance of petitioner before him. Rule is accordingly made absolute. No order as to costs.',
	(int) 35 => '<p> 7. Pending civil application, if any, does not survive, same stands disposed of.',
	(int) 36 => ''
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(c) Due to inter-caste or inter-religion marriage :

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	'title_for_layout' => 'Vilas S O Dattatraya Ransubhe Vs the State of Maharashtra Through the Secretary School Education and Sports Department and Others - Citation 1105404 - Court Judgment | ',
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		'Judgement' => array(
			'id' => '1105404',
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			'appealno' => 'Writ Petition No.3266 of 2012 ',
			'appellant' => 'Vilas S/O Dattatraya Ransubhe',
			'authreffered' => null,
			'casename' => 'Vilas S/O Dattatraya Ransubhe Vs. the State of Maharashtra, Through the Secretary, School Education and Sports Department and Others',
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			'counselplain' => null,
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			'court' => 'Mumbai Aurangabad',
			'court_type' => 'HC',
			'decidedon' => '2012-10-08',
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			'judge' => 'R.M. BORDE & S.S. SHINDE',
			'judgement' => '<p style="text-align: justify;"><strong>Oral Judgment : [ R.M. Borde, J.]</strong><p style="text-align: justify;"> Rule. Rule made returnable forthwith.</p><p style="text-align: justify;"> With consent of the parties, the petition is taken up for final disposal at admission stage.</p><p style="text-align: justify;"> 2. The petitioner claims to be belonging to Bhavsar Kshetriya caste which is included in Other Backward Class category. The petitioner is serving as Conductor in Maharashtra State Road Transport Corporation. The school record of the petitioner records caste as 'Hindu Maratha'. According to the petitioner, while securing admission in school, his father has erroneously recorded the entry as 'Hindu Maratha'. He further contends that old record pertaining to his father, uncle and other near relatives show that they belong to 'Bhavsar Kehstriya caste'. The petitioner has also been issued caste certificate by the competent authority. The son of the petitioner has also been issued caste certificate by the competent authority certifying that he belongs to 'Bhavsar Kshetriya caste' and his caste claim has been validated by the competent Committee. The petitioner, therefore, tendered application to school where he was studying for onward transmission to the Education Officer (Primary), Zilla Parishad, Osmanabad for issuing directions for affecting necessary corrections. The school authority forwarded the application with favourable recommendation to the Education Officer. The Education Officer (Primary) by his order dated 1st November, 2011 was pleased to reject the application recording that since the petitioner has left the school, the application is not maintainable.</p><p style="text-align: justify;"> 3. The petitioner tendered appeal to the Deputy Director of Education, Latur Division, Latur,which was heard and disposed of by Deputy Director of Education, Latur Division, Latur on 30th January, 2012 and appeal came to be dismissed. The appellate authority has recorded in the order that rule 26.4, Appendix-Six of the Secondary Schools Code-2006 does not permit to make correction in the entries in respect of caste in the school record after pupil has left the school. According to the petitioner, reasons recorded by both the authorities for turning down his claim are erroneous and against the provisions of Secondary Schools Code, 2006. Rule 26.4 of the Secondary Schools Code, 2006 prescribe that application for change or correction of date of birth, name, surname, caste etc., as entered in the General Register shall be entertained from or on behalf of a pupil who is attending a school. It further provide that such application shall not be entertained from or on behalf of a pupil, who has left the school, as the same amounts not only to a change in the entries in the General Register but also to a change in the School Leaving Certificate. It has been further prescribed that, however, for the purposes like an admission to another educational institution the School Leaving certificate is relied upon as an evidence for name, surname, caste, date of birth etc., and in bonafide cases where wrong spelling of a word or an obvious mistake of the type mentioned in sub-rule 3 above is noticed any time after issue of the School Leaving Certificate and the same is required to be corrected so as to be consistent with the corresponding entries in the General Register of the school or those in the School Leaving Certificate issued by the previous school, such applications shall be entertained. The procedure to be followed in such cases is laid down in Appendix Six.</p><p style="text-align: justify;"> 4. Rule 26.4 of the Secondary Schools Code, 2006 has been interpreted by the Division Bench of this Court in the matter of Shaikh Shafi Ahmed Khadarsab vs. The State of Maharashtra and others in Writ Petition No. 1138 of 2009 decided on 13<sup>th</sup> March, 2012. In paragraph-11 of the judgment cited supra, the Division Bench of this Court has observed thus:</p><p style="text-align: justify;"> "11. For all these reasons, we hold that the instructions contained in para 26.4 of the S.S.Code that an application for change of an entry in the General Register of a school shall be entertained only on behalf of the pupil who is attending the school meaning thereby that it shall not be entertained on behalf of the pupil who has left the school, are directory and not mandatory. In our view, such an application can be entertained even after the pupil has left the school, provided the application is bona-fide and the pupil is able to satisfy that the original entry in the General Register of the school is erroneous. The application can be rejected if the entry is not shown to be erroneous and wrong. It, however, cannot be rejected without it being considered on merits, only on the technical ground that the application has been made after the pupil has left the school."</p><p style="text-align: justify;"> 5. Appendix Six of the Secondary Schools Code, 2006 lays down the procedure in respect of making correction and change in names, surnames, caste/sub-caste, date of birth etc., Paragraph Nos.12 to 15 of Appendix Six reads thus:</p><p style="text-align: justify;"> "<strong>Change in Caste or Sub-Caste (in respect of B.C. pupils only):</strong></p><p style="text-align: justify;"> (12) For making changes in caste or sub-caste of Backward Class pupils the guardian of the pupil shall make an application in Form No. 3 accompanying these rules.</p><p style="text-align: justify;"> (13) Permission may be given to change the entries in the General Register of the school in respect of "caste" or "sub-caste" of Backward Class pupils in the following circumstances.</p><p style="text-align: justify;"> (i) due to wrong entries made initially;</p><p style="text-align: justify;"> (ii) due to change in religion;</p><p style="text-align: justify;"> (iii) if the caste previously treated as non-backward was subsequently declared by Government as Backward or vice-versa.</p><p style="text-align: justify;"> (iv) due to adoption;</p><p style="text-align: justify;"> (v) due to inter-caste or inter-religion marriage;</p><p style="text-align: justify;"> (14) For this purpose, the necessary certificates from the following authorities must accompany the application for change of caste or sub-caste:</p><p style="text-align: justify;"> <strong>(a) For Reasons</strong>, (i),(ii) and (iii) above:</p><p style="text-align: justify;"> In Greater Bombay (a) The Chief Presidency Magistrate or the Presidency Magistrate authorised by him;</p><p style="text-align: justify;"> Or</p><p style="text-align: justify;"> (b) Justice of Peace; or (Deleted)</p><p style="text-align: justify;"> (c) Social, Welfare Officer, Greater Bombay, Bombay.</p><p style="text-align: justify;"> In other areas (d) The District Magistrates or Executive Magistrates authorized by them;</p><p style="text-align: justify;"> or</p><p style="text-align: justify;"> (e) Honorary Magistrates; or (Deleted)</p><p style="text-align: justify;"> (f) The Social Welfare Officer of the district concerned.</p><p style="text-align: justify;"> (<strong>b) Due to adoption </strong>:</p><p style="text-align: justify;"> The original adoption-deed or a certified copy of that deed or a certificate from stipendiary Magistrate showing the change in name (if any) and the caste or sub-caste changed as a result of adoption should accompany the application for change in caste or sub-caste.</p><p style="text-align: justify;"> <strong>(c) Due to inter-caste or inter-religion marriage </strong>:</p><p style="text-align: justify;"> A declaration by the parent or guardian attested by two witnesses and the student himself/herself or certified copy of the certificate of registration of marriage should accompany the application for change in caste or sub-caste along with the certificate from the concerned competent authority mentioned in (a) above showing that the caste or sub-caste has changed as a result of the marriage.</p><p style="text-align: justify;"> <strong>(d) Due to any other reason </strong>:</p><p style="text-align: justify;"> An affidavit made before a stipendiary Magistrate by the parent or guardian should accompany the application for change in caste of sub-caste.</p><p style="text-align: justify;"> <strong>N.B</strong>.: The term "Backward Class" means and includes the following categories.</p><table border="1" cellpadding="0" cellspacing="0"><tbody><tr><td style="width: 43px">1<td style="width: 251px">Scheduled castes and Schedule Caste converts to Buddhism.<td style="width: 282px">As per Scheduled Castes and Scheduled Tribes Lists Modification Order, 1956, as adopted for Maharashtra State.</tr><tr><td style="width: 43px">2<td style="width: 251px">Scheduled Tribes including those outside specified areas.<td style="width: 282px">Vide Part VII-A of the Seventh and Eighth Schedule of the Bombay Reorganisation Act, 1960 and orders issued by Government in this behalf from time to time.</tr><tr><td style="width: 43px">3<td style="width: 251px">DenotifiedTribes and Nomadic Tribes.<td style="width: 282px">As per Government Resolution, Education and Social Welfare Deptt. No. CBC. 1361-M, dated 21<sup>st</sup> November 1961 and Government from time to time.</tr><tr><td style="width: 43px">4<td style="width: 251px">Other Classes.<td style="width: 282px">Backward Castes which have been declared as belonging to the other Backward Classes by Government from time to time.</tr></tbody></table><strong>General</strong>:-<p style="text-align: justify;"> (Please also see Annexure 36).</p><p style="text-align: justify;"> 15. An appeal against the decision of the Educational Inspector, Greater Bombay or as the case may be, the Education Officer, Zilla Parishad concerned, who has not sanctioned the change shall be submitted to the Deputy Director concerned within 30 days of the receipt of the order."</p><p style="text-align: justify;"> 6. On fulfillment of requirements laid down under Appendix Six, the application tendered for effecting change in the entries recorded in school record can be entertained. Respondents were therefore not justified in turning down the application tendered by the petitioner on the ground that the entries recorded in the school record cannot be corrected after pupil has left school. The petition, therefore, deserves to be allowed and Education Officer (Primary), Zilla Parishad, Osmanabad is required to be directed to consider the application tendered by the petitioner to the school authorities and which has been forwarded to the Education Officer (Primary), Zilla Parishad, Osmanabad, in accordance with provisions of Secondary Schools Code, 2006. The orders passed by respondent Nos. 2 and 3 impugned in this petition, are quashed and set aside and the matter is remitted back to the Education Officer (Primary), Zilla Parishad, Osmanabad for reconsideration. The Education Officer (Primary), Zilla Parishad, Osmanabad shall proceed to take decision on the application in accordance with provisions of Secondary Schools Code, 2006 and the observations made in this judgment. The petitioner shall cause appearance before the Education Officer (Primary), Zilla Parishad, Osmanabad on 29th October, 2012 and as such, no separate notice requiring petitioner's appearance before respondent No. 3 shall be essential. Respondent No. 3 shall decide the application, as expeditiously as possible, preferably within eight (8) weeks from date of appearance of petitioner before him. Rule is accordingly made absolute. No order as to costs.</p><p style="text-align: justify;"> 7. Pending civil application, if any, does not survive, same stands disposed of.</p>',
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		'judgement' => '<p><strong>Oral Judgment : [ R.M. Borde, J.]</strong><p> Rule. Rule made returnable forthwith.</p><p> With consent of the parties, the petition is taken up for final disposal at admission stage.</p><p> 2. The petitioner claims to be belonging to Bhavsar Kshetriya caste which is included in Other Backward Class category. The petitioner is serving as Conductor in Maharashtra State Road Transport Corporation. The school record of the petitioner records caste as 'Hindu Maratha'. According to the petitioner, while securing admission in school, his father has erroneously recorded the entry as 'Hindu Maratha'. He further contends that old record pertaining to his father, uncle and other near relatives show that they belong to 'Bhavsar Kehstriya caste'. The petitioner has also been issued caste certificate by the competent authority. The son of the petitioner has also been issued caste certificate by the competent authority certifying that he belongs to 'Bhavsar Kshetriya caste' and his caste claim has been validated by the competent Committee. The petitioner, therefore, tendered application to school where he was studying for onward transmission to the Education Officer (Primary), Zilla Parishad, Osmanabad for issuing directions for affecting necessary corrections. The school authority forwarded the application with favourable recommendation to the Education Officer. The Education Officer (Primary) by his order dated 1st November, 2011 was pleased to reject the application recording that since the petitioner has left the school, the application is not maintainable.</p><p> 3. The petitioner tendered appeal to the Deputy Director of Education, Latur Division, Latur,which was heard and disposed of by Deputy Director of Education, Latur Division, Latur on 30th January, 2012 and appeal came to be dismissed. The appellate authority has recorded in the order that rule 26.4, Appendix-Six of the Secondary Schools Code-2006 does not permit to make correction in the entries in respect of caste in the school record after pupil has left the school. According to the petitioner, reasons recorded by both the authorities for turning down his claim are erroneous and against the provisions of Secondary Schools Code, 2006. Rule 26.4 of the Secondary Schools Code, 2006 prescribe that application for change or correction of date of birth, name, surname, caste etc., as entered in the General Register shall be entertained from or on behalf of a pupil who is attending a school. It further provide that such application shall not be entertained from or on behalf of a pupil, who has left the school, as the same amounts not only to a change in the entries in the General Register but also to a change in the School Leaving Certificate. It has been further prescribed that, however, for the purposes like an admission to another educational institution the School Leaving certificate is relied upon as an evidence for name, surname, caste, date of birth etc., and in bonafide cases where wrong spelling of a word or an obvious mistake of the type mentioned in sub-rule 3 above is noticed any time after issue of the School Leaving Certificate and the same is required to be corrected so as to be consistent with the corresponding entries in the General Register of the school or those in the School Leaving Certificate issued by the previous school, such applications shall be entertained. The procedure to be followed in such cases is laid down in Appendix Six.</p><p> 4. Rule 26.4 of the Secondary Schools Code, 2006 has been interpreted by the Division Bench of this Court in the matter of Shaikh Shafi Ahmed Khadarsab vs. The State of Maharashtra and others in Writ Petition No. 1138 of 2009 decided on 13<sup>th</sup> March, 2012. In paragraph-11 of the judgment cited supra, the Division Bench of this Court has observed thus:</p><p> "11. For all these reasons, we hold that the instructions contained in para 26.4 of the S.S.Code that an application for change of an entry in the General Register of a school shall be entertained only on behalf of the pupil who is attending the school meaning thereby that it shall not be entertained on behalf of the pupil who has left the school, are directory and not mandatory. In our view, such an application can be entertained even after the pupil has left the school, provided the application is bona-fide and the pupil is able to satisfy that the original entry in the General Register of the school is erroneous. The application can be rejected if the entry is not shown to be erroneous and wrong. It, however, cannot be rejected without it being considered on merits, only on the technical ground that the application has been made after the pupil has left the school."</p><p> 5. Appendix Six of the Secondary Schools Code, 2006 lays down the procedure in respect of making correction and change in names, surnames, caste/sub-caste, date of birth etc., Paragraph Nos.12 to 15 of Appendix Six reads thus:</p><p> "<strong>Change in Caste or Sub-Caste (in respect of B.C. pupils only):</strong></p><p> (12) For making changes in caste or sub-caste of Backward Class pupils the guardian of the pupil shall make an application in Form No. 3 accompanying these rules.</p><p> (13) Permission may be given to change the entries in the General Register of the school in respect of "caste" or "sub-caste" of Backward Class pupils in the following circumstances.</p><p> (i) due to wrong entries made initially;</p><p> (ii) due to change in religion;</p><p> (iii) if the caste previously treated as non-backward was subsequently declared by Government as Backward or vice-versa.</p><p> (iv) due to adoption;</p><p> (v) due to inter-caste or inter-religion marriage;</p><p> (14) For this purpose, the necessary certificates from the following authorities must accompany the application for change of caste or sub-caste:</p><p> <strong>(a) For Reasons</strong>, (i),(ii) and (iii) above:</p><p> In Greater Bombay (a) The Chief Presidency Magistrate or the Presidency Magistrate authorised by him;</p><p> Or</p><p> (b) Justice of Peace; or (Deleted)</p><p> (c) Social, Welfare Officer, Greater Bombay, Bombay.</p><p> In other areas (d) The District Magistrates or Executive Magistrates authorized by them;</p><p> or</p><p> (e) Honorary Magistrates; or (Deleted)</p><p> (f) The Social Welfare Officer of the district concerned.</p><p> (<strong>b) Due to adoption </strong>:</p><p> The original adoption-deed or a certified copy of that deed or a certificate from stipendiary Magistrate showing the change in name (if any) and the caste or sub-caste changed as a result of adoption should accompany the application for change in caste or sub-caste.</p><p> <strong>(c) Due to inter-caste or inter-religion marriage </strong>:</p><p> A declaration by the parent or guardian attested by two witnesses and the student himself/herself or certified copy of the certificate of registration of marriage should accompany the application for change in caste or sub-caste along with the certificate from the concerned competent authority mentioned in (a) above showing that the caste or sub-caste has changed as a result of the marriage.</p><p> <strong>(d) Due to any other reason </strong>:</p><p> An affidavit made before a stipendiary Magistrate by the parent or guardian should accompany the application for change in caste of sub-caste.</p><p> <strong>N.B</strong>.: The term "Backward Class" means and includes the following categories.</p><table><tbody><tr><td>1<td>Scheduled castes and Schedule Caste converts to Buddhism.<td>As per Scheduled Castes and Scheduled Tribes Lists Modification Order, 1956, as adopted for Maharashtra State.</tr><tr><td>2<td>Scheduled Tribes including those outside specified areas.<td>Vide Part VII-A of the Seventh and Eighth Schedule of the Bombay Reorganisation Act, 1960 and orders issued by Government in this behalf from time to time.</tr><tr><td>3<td>DenotifiedTribes and Nomadic Tribes.<td>As per Government Resolution, Education and Social Welfare Deptt. No. CBC. 1361-M, dated 21<sup>st</sup> November 1961 and Government from time to time.</tr><tr><td>4<td>Other Classes.<td>Backward Castes which have been declared as belonging to the other Backward Classes by Government from time to time.</tr></tbody></table><strong>General</strong>:-<p> (Please also see Annexure 36).</p><p> 15. An appeal against the decision of the Educational Inspector, Greater Bombay or as the case may be, the Education Officer, Zilla Parishad concerned, who has not sanctioned the change shall be submitted to the Deputy Director concerned within 30 days of the receipt of the order."</p><p> 6. On fulfillment of requirements laid down under Appendix Six, the application tendered for effecting change in the entries recorded in school record can be entertained. Respondents were therefore not justified in turning down the application tendered by the petitioner on the ground that the entries recorded in the school record cannot be corrected after pupil has left school. The petition, therefore, deserves to be allowed and Education Officer (Primary), Zilla Parishad, Osmanabad is required to be directed to consider the application tendered by the petitioner to the school authorities and which has been forwarded to the Education Officer (Primary), Zilla Parishad, Osmanabad, in accordance with provisions of Secondary Schools Code, 2006. The orders passed by respondent Nos. 2 and 3 impugned in this petition, are quashed and set aside and the matter is remitted back to the Education Officer (Primary), Zilla Parishad, Osmanabad for reconsideration. The Education Officer (Primary), Zilla Parishad, Osmanabad shall proceed to take decision on the application in accordance with provisions of Secondary Schools Code, 2006 and the observations made in this judgment. The petitioner shall cause appearance before the Education Officer (Primary), Zilla Parishad, Osmanabad on 29th October, 2012 and as such, no separate notice requiring petitioner's appearance before respondent No. 3 shall be essential. Respondent No. 3 shall decide the application, as expeditiously as possible, preferably within eight (8) weeks from date of appearance of petitioner before him. Rule is accordingly made absolute. No order as to costs.</p><p> 7. Pending civil application, if any, does not survive, same stands disposed of.</p>',
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	(int) 0 => '<p><strong>Oral Judgment : [ R.M. Borde, J.]</strong><p> Rule. Rule made returnable forthwith.',
	(int) 1 => '<p> With consent of the parties, the petition is taken up for final disposal at admission stage.',
	(int) 2 => '<p> 2. The petitioner claims to be belonging to Bhavsar Kshetriya caste which is included in Other Backward Class category. The petitioner is serving as Conductor in Maharashtra State Road Transport Corporation. The school record of the petitioner records caste as 'Hindu Maratha'. According to the petitioner, while securing admission in school, his father has erroneously recorded the entry as 'Hindu Maratha'. He further contends that old record pertaining to his father, uncle and other near relatives show that they belong to 'Bhavsar Kehstriya caste'. The petitioner has also been issued caste certificate by the competent authority. The son of the petitioner has also been issued caste certificate by the competent authority certifying that he belongs to 'Bhavsar Kshetriya caste' and his caste claim has been validated by the competent Committee. The petitioner, therefore, tendered application to school where he was studying for onward transmission to the Education Officer (Primary), Zilla Parishad, Osmanabad for issuing directions for affecting necessary corrections. The school authority forwarded the application with favourable recommendation to the Education Officer. The Education Officer (Primary) by his order dated 1st November, 2011 was pleased to reject the application recording that since the petitioner has left the school, the application is not maintainable.',
	(int) 3 => '<p> 3. The petitioner tendered appeal to the Deputy Director of Education, Latur Division, Latur,which was heard and disposed of by Deputy Director of Education, Latur Division, Latur on 30th January, 2012 and appeal came to be dismissed. The appellate authority has recorded in the order that rule 26.4, Appendix-Six of the Secondary Schools Code-2006 does not permit to make correction in the entries in respect of caste in the school record after pupil has left the school. According to the petitioner, reasons recorded by both the authorities for turning down his claim are erroneous and against the provisions of Secondary Schools Code, 2006. Rule 26.4 of the Secondary Schools Code, 2006 prescribe that application for change or correction of date of birth, name, surname, caste etc., as entered in the General Register shall be entertained from or on behalf of a pupil who is attending a school. It further provide that such application shall not be entertained from or on behalf of a pupil, who has left the school, as the same amounts not only to a change in the entries in the General Register but also to a change in the School Leaving Certificate. It has been further prescribed that, however, for the purposes like an admission to another educational institution the School Leaving certificate is relied upon as an evidence for name, surname, caste, date of birth etc., and in bonafide cases where wrong spelling of a word or an obvious mistake of the type mentioned in sub-rule 3 above is noticed any time after issue of the School Leaving Certificate and the same is required to be corrected so as to be consistent with the corresponding entries in the General Register of the school or those in the School Leaving Certificate issued by the previous school, such applications shall be entertained. The procedure to be followed in such cases is laid down in Appendix Six.',
	(int) 4 => '<p> 4. Rule 26.4 of the Secondary Schools Code, 2006 has been interpreted by the Division Bench of this Court in the matter of Shaikh Shafi Ahmed Khadarsab vs. The State of Maharashtra and others in Writ Petition No. 1138 of 2009 decided on 13<sup>th</sup> March, 2012. In paragraph-11 of the judgment cited supra, the Division Bench of this Court has observed thus:',
	(int) 5 => '<p> "11. For all these reasons, we hold that the instructions contained in para 26.4 of the S.S.Code that an application for change of an entry in the General Register of a school shall be entertained only on behalf of the pupil who is attending the school meaning thereby that it shall not be entertained on behalf of the pupil who has left the school, are directory and not mandatory. In our view, such an application can be entertained even after the pupil has left the school, provided the application is bona-fide and the pupil is able to satisfy that the original entry in the General Register of the school is erroneous. The application can be rejected if the entry is not shown to be erroneous and wrong. It, however, cannot be rejected without it being considered on merits, only on the technical ground that the application has been made after the pupil has left the school."',
	(int) 6 => '<p> 5. Appendix Six of the Secondary Schools Code, 2006 lays down the procedure in respect of making correction and change in names, surnames, caste/sub-caste, date of birth etc., Paragraph Nos.12 to 15 of Appendix Six reads thus:',
	(int) 7 => '<p> "<strong>Change in Caste or Sub-Caste (in respect of B.C. pupils only):</strong>',
	(int) 8 => '<p> (12) For making changes in caste or sub-caste of Backward Class pupils the guardian of the pupil shall make an application in Form No. 3 accompanying these rules.',
	(int) 9 => '<p> (13) Permission may be given to change the entries in the General Register of the school in respect of "caste" or "sub-caste" of Backward Class pupils in the following circumstances.',
	(int) 10 => '<p> (i) due to wrong entries made initially;',
	(int) 11 => '<p> (ii) due to change in religion;',
	(int) 12 => '<p> (iii) if the caste previously treated as non-backward was subsequently declared by Government as Backward or vice-versa.',
	(int) 13 => '<p> (iv) due to adoption;',
	(int) 14 => '<p> (v) due to inter-caste or inter-religion marriage;',
	(int) 15 => '<p> (14) For this purpose, the necessary certificates from the following authorities must accompany the application for change of caste or sub-caste:',
	(int) 16 => '<p> <strong>(a) For Reasons</strong>, (i),(ii) and (iii) above:',
	(int) 17 => '<p> In Greater Bombay (a) The Chief Presidency Magistrate or the Presidency Magistrate authorised by him;',
	(int) 18 => '<p> Or',
	(int) 19 => '<p> (b) Justice of Peace; or (Deleted)',
	(int) 20 => '<p> (c) Social, Welfare Officer, Greater Bombay, Bombay.',
	(int) 21 => '<p> In other areas (d) The District Magistrates or Executive Magistrates authorized by them;',
	(int) 22 => '<p> or',
	(int) 23 => '<p> (e) Honorary Magistrates; or (Deleted)',
	(int) 24 => '<p> (f) The Social Welfare Officer of the district concerned.',
	(int) 25 => '<p> (<strong>b) Due to adoption </strong>:',
	(int) 26 => '<p> The original adoption-deed or a certified copy of that deed or a certificate from stipendiary Magistrate showing the change in name (if any) and the caste or sub-caste changed as a result of adoption should accompany the application for change in caste or sub-caste.',
	(int) 27 => '<p> <strong>(c) Due to inter-caste or inter-religion marriage </strong>:',
	(int) 28 => '<p> A declaration by the parent or guardian attested by two witnesses and the student himself/herself or certified copy of the certificate of registration of marriage should accompany the application for change in caste or sub-caste along with the certificate from the concerned competent authority mentioned in (a) above showing that the caste or sub-caste has changed as a result of the marriage.',
	(int) 29 => '<p> <strong>(d) Due to any other reason </strong>:',
	(int) 30 => '<p> An affidavit made before a stipendiary Magistrate by the parent or guardian should accompany the application for change in caste of sub-caste.',
	(int) 31 => '<p> <strong>N.B</strong>.: The term "Backward Class" means and includes the following categories.',
	(int) 32 => '<table><tbody><tr><td>1<td>Scheduled castes and Schedule Caste converts to Buddhism.<td>As per Scheduled Castes and Scheduled Tribes Lists Modification Order, 1956, as adopted for Maharashtra State.</tr><tr><td>2<td>Scheduled Tribes including those outside specified areas.<td>Vide Part VII-A of the Seventh and Eighth Schedule of the Bombay Reorganisation Act, 1960 and orders issued by Government in this behalf from time to time.</tr><tr><td>3<td>DenotifiedTribes and Nomadic Tribes.<td>As per Government Resolution, Education and Social Welfare Deptt. No. CBC. 1361-M, dated 21<sup>st</sup> November 1961 and Government from time to time.</tr><tr><td>4<td>Other Classes.<td>Backward Castes which have been declared as belonging to the other Backward Classes by Government from time to time.</tr></tbody></table><strong>General</strong>:-<p> (Please also see Annexure 36).',
	(int) 33 => '<p> 15. An appeal against the decision of the Educational Inspector, Greater Bombay or as the case may be, the Education Officer, Zilla Parishad concerned, who has not sanctioned the change shall be submitted to the Deputy Director concerned within 30 days of the receipt of the order."',
	(int) 34 => '<p> 6. On fulfillment of requirements laid down under Appendix Six, the application tendered for effecting change in the entries recorded in school record can be entertained. Respondents were therefore not justified in turning down the application tendered by the petitioner on the ground that the entries recorded in the school record cannot be corrected after pupil has left school. The petition, therefore, deserves to be allowed and Education Officer (Primary), Zilla Parishad, Osmanabad is required to be directed to consider the application tendered by the petitioner to the school authorities and which has been forwarded to the Education Officer (Primary), Zilla Parishad, Osmanabad, in accordance with provisions of Secondary Schools Code, 2006. The orders passed by respondent Nos. 2 and 3 impugned in this petition, are quashed and set aside and the matter is remitted back to the Education Officer (Primary), Zilla Parishad, Osmanabad for reconsideration. The Education Officer (Primary), Zilla Parishad, Osmanabad shall proceed to take decision on the application in accordance with provisions of Secondary Schools Code, 2006 and the observations made in this judgment. The petitioner shall cause appearance before the Education Officer (Primary), Zilla Parishad, Osmanabad on 29th October, 2012 and as such, no separate notice requiring petitioner's appearance before respondent No. 3 shall be essential. Respondent No. 3 shall decide the application, as expeditiously as possible, preferably within eight (8) weeks from date of appearance of petitioner before him. Rule is accordingly made absolute. No order as to costs.',
	(int) 35 => '<p> 7. Pending civil application, if any, does not survive, same stands disposed of.',
	(int) 36 => ''
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A declaration by the parent or guardian attested by two witnesses and the student himself/herself or certified copy of the certificate of registration of marriage should accompany the application for change in caste or sub-caste along with the certificate from the concerned competent authority mentioned in (a) above showing that the caste or sub-caste has changed as a result of the marriage.

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			'judgement' => '<p style="text-align: justify;"><strong>Oral Judgment : [ R.M. Borde, J.]</strong><p style="text-align: justify;"> Rule. Rule made returnable forthwith.</p><p style="text-align: justify;"> With consent of the parties, the petition is taken up for final disposal at admission stage.</p><p style="text-align: justify;"> 2. The petitioner claims to be belonging to Bhavsar Kshetriya caste which is included in Other Backward Class category. The petitioner is serving as Conductor in Maharashtra State Road Transport Corporation. The school record of the petitioner records caste as 'Hindu Maratha'. According to the petitioner, while securing admission in school, his father has erroneously recorded the entry as 'Hindu Maratha'. He further contends that old record pertaining to his father, uncle and other near relatives show that they belong to 'Bhavsar Kehstriya caste'. The petitioner has also been issued caste certificate by the competent authority. The son of the petitioner has also been issued caste certificate by the competent authority certifying that he belongs to 'Bhavsar Kshetriya caste' and his caste claim has been validated by the competent Committee. The petitioner, therefore, tendered application to school where he was studying for onward transmission to the Education Officer (Primary), Zilla Parishad, Osmanabad for issuing directions for affecting necessary corrections. The school authority forwarded the application with favourable recommendation to the Education Officer. The Education Officer (Primary) by his order dated 1st November, 2011 was pleased to reject the application recording that since the petitioner has left the school, the application is not maintainable.</p><p style="text-align: justify;"> 3. The petitioner tendered appeal to the Deputy Director of Education, Latur Division, Latur,which was heard and disposed of by Deputy Director of Education, Latur Division, Latur on 30th January, 2012 and appeal came to be dismissed. The appellate authority has recorded in the order that rule 26.4, Appendix-Six of the Secondary Schools Code-2006 does not permit to make correction in the entries in respect of caste in the school record after pupil has left the school. According to the petitioner, reasons recorded by both the authorities for turning down his claim are erroneous and against the provisions of Secondary Schools Code, 2006. Rule 26.4 of the Secondary Schools Code, 2006 prescribe that application for change or correction of date of birth, name, surname, caste etc., as entered in the General Register shall be entertained from or on behalf of a pupil who is attending a school. It further provide that such application shall not be entertained from or on behalf of a pupil, who has left the school, as the same amounts not only to a change in the entries in the General Register but also to a change in the School Leaving Certificate. It has been further prescribed that, however, for the purposes like an admission to another educational institution the School Leaving certificate is relied upon as an evidence for name, surname, caste, date of birth etc., and in bonafide cases where wrong spelling of a word or an obvious mistake of the type mentioned in sub-rule 3 above is noticed any time after issue of the School Leaving Certificate and the same is required to be corrected so as to be consistent with the corresponding entries in the General Register of the school or those in the School Leaving Certificate issued by the previous school, such applications shall be entertained. The procedure to be followed in such cases is laid down in Appendix Six.</p><p style="text-align: justify;"> 4. Rule 26.4 of the Secondary Schools Code, 2006 has been interpreted by the Division Bench of this Court in the matter of Shaikh Shafi Ahmed Khadarsab vs. The State of Maharashtra and others in Writ Petition No. 1138 of 2009 decided on 13<sup>th</sup> March, 2012. In paragraph-11 of the judgment cited supra, the Division Bench of this Court has observed thus:</p><p style="text-align: justify;"> "11. For all these reasons, we hold that the instructions contained in para 26.4 of the S.S.Code that an application for change of an entry in the General Register of a school shall be entertained only on behalf of the pupil who is attending the school meaning thereby that it shall not be entertained on behalf of the pupil who has left the school, are directory and not mandatory. In our view, such an application can be entertained even after the pupil has left the school, provided the application is bona-fide and the pupil is able to satisfy that the original entry in the General Register of the school is erroneous. The application can be rejected if the entry is not shown to be erroneous and wrong. It, however, cannot be rejected without it being considered on merits, only on the technical ground that the application has been made after the pupil has left the school."</p><p style="text-align: justify;"> 5. Appendix Six of the Secondary Schools Code, 2006 lays down the procedure in respect of making correction and change in names, surnames, caste/sub-caste, date of birth etc., Paragraph Nos.12 to 15 of Appendix Six reads thus:</p><p style="text-align: justify;"> "<strong>Change in Caste or Sub-Caste (in respect of B.C. pupils only):</strong></p><p style="text-align: justify;"> (12) For making changes in caste or sub-caste of Backward Class pupils the guardian of the pupil shall make an application in Form No. 3 accompanying these rules.</p><p style="text-align: justify;"> (13) Permission may be given to change the entries in the General Register of the school in respect of "caste" or "sub-caste" of Backward Class pupils in the following circumstances.</p><p style="text-align: justify;"> (i) due to wrong entries made initially;</p><p style="text-align: justify;"> (ii) due to change in religion;</p><p style="text-align: justify;"> (iii) if the caste previously treated as non-backward was subsequently declared by Government as Backward or vice-versa.</p><p style="text-align: justify;"> (iv) due to adoption;</p><p style="text-align: justify;"> (v) due to inter-caste or inter-religion marriage;</p><p style="text-align: justify;"> (14) For this purpose, the necessary certificates from the following authorities must accompany the application for change of caste or sub-caste:</p><p style="text-align: justify;"> <strong>(a) For Reasons</strong>, (i),(ii) and (iii) above:</p><p style="text-align: justify;"> In Greater Bombay (a) The Chief Presidency Magistrate or the Presidency Magistrate authorised by him;</p><p style="text-align: justify;"> Or</p><p style="text-align: justify;"> (b) Justice of Peace; or (Deleted)</p><p style="text-align: justify;"> (c) Social, Welfare Officer, Greater Bombay, Bombay.</p><p style="text-align: justify;"> In other areas (d) The District Magistrates or Executive Magistrates authorized by them;</p><p style="text-align: justify;"> or</p><p style="text-align: justify;"> (e) Honorary Magistrates; or (Deleted)</p><p style="text-align: justify;"> (f) The Social Welfare Officer of the district concerned.</p><p style="text-align: justify;"> (<strong>b) Due to adoption </strong>:</p><p style="text-align: justify;"> The original adoption-deed or a certified copy of that deed or a certificate from stipendiary Magistrate showing the change in name (if any) and the caste or sub-caste changed as a result of adoption should accompany the application for change in caste or sub-caste.</p><p style="text-align: justify;"> <strong>(c) Due to inter-caste or inter-religion marriage </strong>:</p><p style="text-align: justify;"> A declaration by the parent or guardian attested by two witnesses and the student himself/herself or certified copy of the certificate of registration of marriage should accompany the application for change in caste or sub-caste along with the certificate from the concerned competent authority mentioned in (a) above showing that the caste or sub-caste has changed as a result of the marriage.</p><p style="text-align: justify;"> <strong>(d) Due to any other reason </strong>:</p><p style="text-align: justify;"> An affidavit made before a stipendiary Magistrate by the parent or guardian should accompany the application for change in caste of sub-caste.</p><p style="text-align: justify;"> <strong>N.B</strong>.: The term "Backward Class" means and includes the following categories.</p><table border="1" cellpadding="0" cellspacing="0"><tbody><tr><td style="width: 43px">1<td style="width: 251px">Scheduled castes and Schedule Caste converts to Buddhism.<td style="width: 282px">As per Scheduled Castes and Scheduled Tribes Lists Modification Order, 1956, as adopted for Maharashtra State.</tr><tr><td style="width: 43px">2<td style="width: 251px">Scheduled Tribes including those outside specified areas.<td style="width: 282px">Vide Part VII-A of the Seventh and Eighth Schedule of the Bombay Reorganisation Act, 1960 and orders issued by Government in this behalf from time to time.</tr><tr><td style="width: 43px">3<td style="width: 251px">DenotifiedTribes and Nomadic Tribes.<td style="width: 282px">As per Government Resolution, Education and Social Welfare Deptt. No. CBC. 1361-M, dated 21<sup>st</sup> November 1961 and Government from time to time.</tr><tr><td style="width: 43px">4<td style="width: 251px">Other Classes.<td style="width: 282px">Backward Castes which have been declared as belonging to the other Backward Classes by Government from time to time.</tr></tbody></table><strong>General</strong>:-<p style="text-align: justify;"> (Please also see Annexure 36).</p><p style="text-align: justify;"> 15. An appeal against the decision of the Educational Inspector, Greater Bombay or as the case may be, the Education Officer, Zilla Parishad concerned, who has not sanctioned the change shall be submitted to the Deputy Director concerned within 30 days of the receipt of the order."</p><p style="text-align: justify;"> 6. On fulfillment of requirements laid down under Appendix Six, the application tendered for effecting change in the entries recorded in school record can be entertained. Respondents were therefore not justified in turning down the application tendered by the petitioner on the ground that the entries recorded in the school record cannot be corrected after pupil has left school. The petition, therefore, deserves to be allowed and Education Officer (Primary), Zilla Parishad, Osmanabad is required to be directed to consider the application tendered by the petitioner to the school authorities and which has been forwarded to the Education Officer (Primary), Zilla Parishad, Osmanabad, in accordance with provisions of Secondary Schools Code, 2006. The orders passed by respondent Nos. 2 and 3 impugned in this petition, are quashed and set aside and the matter is remitted back to the Education Officer (Primary), Zilla Parishad, Osmanabad for reconsideration. The Education Officer (Primary), Zilla Parishad, Osmanabad shall proceed to take decision on the application in accordance with provisions of Secondary Schools Code, 2006 and the observations made in this judgment. The petitioner shall cause appearance before the Education Officer (Primary), Zilla Parishad, Osmanabad on 29th October, 2012 and as such, no separate notice requiring petitioner's appearance before respondent No. 3 shall be essential. Respondent No. 3 shall decide the application, as expeditiously as possible, preferably within eight (8) weeks from date of appearance of petitioner before him. Rule is accordingly made absolute. No order as to costs.</p><p style="text-align: justify;"> 7. Pending civil application, if any, does not survive, same stands disposed of.</p>',
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$title_for_layout = 'Vilas S O Dattatraya Ransubhe Vs the State of Maharashtra Through the Secretary School Education and Sports Department and Others - Citation 1105404 - Court Judgment | '
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		'appealno' => 'Writ Petition No.3266 of 2012 ',
		'appellant' => 'Vilas S/O Dattatraya Ransubhe',
		'authreffered' => null,
		'casename' => 'Vilas S/O Dattatraya Ransubhe Vs. the State of Maharashtra, Through the Secretary, School Education and Sports Department and Others',
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		'court' => 'Mumbai Aurangabad',
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		'decidedon' => '2012-10-08',
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		'judge' => 'R.M. BORDE &amp; S.S. SHINDE',
		'judgement' => '<p><strong>Oral Judgment : [ R.M. Borde, J.]</strong><p> Rule. Rule made returnable forthwith.</p><p> With consent of the parties, the petition is taken up for final disposal at admission stage.</p><p> 2. The petitioner claims to be belonging to Bhavsar Kshetriya caste which is included in Other Backward Class category. The petitioner is serving as Conductor in Maharashtra State Road Transport Corporation. The school record of the petitioner records caste as 'Hindu Maratha'. According to the petitioner, while securing admission in school, his father has erroneously recorded the entry as 'Hindu Maratha'. He further contends that old record pertaining to his father, uncle and other near relatives show that they belong to 'Bhavsar Kehstriya caste'. The petitioner has also been issued caste certificate by the competent authority. The son of the petitioner has also been issued caste certificate by the competent authority certifying that he belongs to 'Bhavsar Kshetriya caste' and his caste claim has been validated by the competent Committee. The petitioner, therefore, tendered application to school where he was studying for onward transmission to the Education Officer (Primary), Zilla Parishad, Osmanabad for issuing directions for affecting necessary corrections. The school authority forwarded the application with favourable recommendation to the Education Officer. The Education Officer (Primary) by his order dated 1st November, 2011 was pleased to reject the application recording that since the petitioner has left the school, the application is not maintainable.</p><p> 3. The petitioner tendered appeal to the Deputy Director of Education, Latur Division, Latur,which was heard and disposed of by Deputy Director of Education, Latur Division, Latur on 30th January, 2012 and appeal came to be dismissed. The appellate authority has recorded in the order that rule 26.4, Appendix-Six of the Secondary Schools Code-2006 does not permit to make correction in the entries in respect of caste in the school record after pupil has left the school. According to the petitioner, reasons recorded by both the authorities for turning down his claim are erroneous and against the provisions of Secondary Schools Code, 2006. Rule 26.4 of the Secondary Schools Code, 2006 prescribe that application for change or correction of date of birth, name, surname, caste etc., as entered in the General Register shall be entertained from or on behalf of a pupil who is attending a school. It further provide that such application shall not be entertained from or on behalf of a pupil, who has left the school, as the same amounts not only to a change in the entries in the General Register but also to a change in the School Leaving Certificate. It has been further prescribed that, however, for the purposes like an admission to another educational institution the School Leaving certificate is relied upon as an evidence for name, surname, caste, date of birth etc., and in bonafide cases where wrong spelling of a word or an obvious mistake of the type mentioned in sub-rule 3 above is noticed any time after issue of the School Leaving Certificate and the same is required to be corrected so as to be consistent with the corresponding entries in the General Register of the school or those in the School Leaving Certificate issued by the previous school, such applications shall be entertained. The procedure to be followed in such cases is laid down in Appendix Six.</p><p> 4. Rule 26.4 of the Secondary Schools Code, 2006 has been interpreted by the Division Bench of this Court in the matter of Shaikh Shafi Ahmed Khadarsab vs. The State of Maharashtra and others in Writ Petition No. 1138 of 2009 decided on 13<sup>th</sup> March, 2012. In paragraph-11 of the judgment cited supra, the Division Bench of this Court has observed thus:</p><p> "11. For all these reasons, we hold that the instructions contained in para 26.4 of the S.S.Code that an application for change of an entry in the General Register of a school shall be entertained only on behalf of the pupil who is attending the school meaning thereby that it shall not be entertained on behalf of the pupil who has left the school, are directory and not mandatory. In our view, such an application can be entertained even after the pupil has left the school, provided the application is bona-fide and the pupil is able to satisfy that the original entry in the General Register of the school is erroneous. The application can be rejected if the entry is not shown to be erroneous and wrong. It, however, cannot be rejected without it being considered on merits, only on the technical ground that the application has been made after the pupil has left the school."</p><p> 5. Appendix Six of the Secondary Schools Code, 2006 lays down the procedure in respect of making correction and change in names, surnames, caste/sub-caste, date of birth etc., Paragraph Nos.12 to 15 of Appendix Six reads thus:</p><p> "<strong>Change in Caste or Sub-Caste (in respect of B.C. pupils only):</strong></p><p> (12) For making changes in caste or sub-caste of Backward Class pupils the guardian of the pupil shall make an application in Form No. 3 accompanying these rules.</p><p> (13) Permission may be given to change the entries in the General Register of the school in respect of "caste" or "sub-caste" of Backward Class pupils in the following circumstances.</p><p> (i) due to wrong entries made initially;</p><p> (ii) due to change in religion;</p><p> (iii) if the caste previously treated as non-backward was subsequently declared by Government as Backward or vice-versa.</p><p> (iv) due to adoption;</p><p> (v) due to inter-caste or inter-religion marriage;</p><p> (14) For this purpose, the necessary certificates from the following authorities must accompany the application for change of caste or sub-caste:</p><p> <strong>(a) For Reasons</strong>, (i),(ii) and (iii) above:</p><p> In Greater Bombay (a) The Chief Presidency Magistrate or the Presidency Magistrate authorised by him;</p><p> Or</p><p> (b) Justice of Peace; or (Deleted)</p><p> (c) Social, Welfare Officer, Greater Bombay, Bombay.</p><p> In other areas (d) The District Magistrates or Executive Magistrates authorized by them;</p><p> or</p><p> (e) Honorary Magistrates; or (Deleted)</p><p> (f) The Social Welfare Officer of the district concerned.</p><p> (<strong>b) Due to adoption </strong>:</p><p> The original adoption-deed or a certified copy of that deed or a certificate from stipendiary Magistrate showing the change in name (if any) and the caste or sub-caste changed as a result of adoption should accompany the application for change in caste or sub-caste.</p><p> <strong>(c) Due to inter-caste or inter-religion marriage </strong>:</p><p> A declaration by the parent or guardian attested by two witnesses and the student himself/herself or certified copy of the certificate of registration of marriage should accompany the application for change in caste or sub-caste along with the certificate from the concerned competent authority mentioned in (a) above showing that the caste or sub-caste has changed as a result of the marriage.</p><p> <strong>(d) Due to any other reason </strong>:</p><p> An affidavit made before a stipendiary Magistrate by the parent or guardian should accompany the application for change in caste of sub-caste.</p><p> <strong>N.B</strong>.: The term "Backward Class" means and includes the following categories.</p><table><tbody><tr><td>1<td>Scheduled castes and Schedule Caste converts to Buddhism.<td>As per Scheduled Castes and Scheduled Tribes Lists Modification Order, 1956, as adopted for Maharashtra State.</tr><tr><td>2<td>Scheduled Tribes including those outside specified areas.<td>Vide Part VII-A of the Seventh and Eighth Schedule of the Bombay Reorganisation Act, 1960 and orders issued by Government in this behalf from time to time.</tr><tr><td>3<td>DenotifiedTribes and Nomadic Tribes.<td>As per Government Resolution, Education and Social Welfare Deptt. No. CBC. 1361-M, dated 21<sup>st</sup> November 1961 and Government from time to time.</tr><tr><td>4<td>Other Classes.<td>Backward Castes which have been declared as belonging to the other Backward Classes by Government from time to time.</tr></tbody></table><strong>General</strong>:-<p> (Please also see Annexure 36).</p><p> 15. An appeal against the decision of the Educational Inspector, Greater Bombay or as the case may be, the Education Officer, Zilla Parishad concerned, who has not sanctioned the change shall be submitted to the Deputy Director concerned within 30 days of the receipt of the order."</p><p> 6. On fulfillment of requirements laid down under Appendix Six, the application tendered for effecting change in the entries recorded in school record can be entertained. Respondents were therefore not justified in turning down the application tendered by the petitioner on the ground that the entries recorded in the school record cannot be corrected after pupil has left school. The petition, therefore, deserves to be allowed and Education Officer (Primary), Zilla Parishad, Osmanabad is required to be directed to consider the application tendered by the petitioner to the school authorities and which has been forwarded to the Education Officer (Primary), Zilla Parishad, Osmanabad, in accordance with provisions of Secondary Schools Code, 2006. The orders passed by respondent Nos. 2 and 3 impugned in this petition, are quashed and set aside and the matter is remitted back to the Education Officer (Primary), Zilla Parishad, Osmanabad for reconsideration. The Education Officer (Primary), Zilla Parishad, Osmanabad shall proceed to take decision on the application in accordance with provisions of Secondary Schools Code, 2006 and the observations made in this judgment. The petitioner shall cause appearance before the Education Officer (Primary), Zilla Parishad, Osmanabad on 29th October, 2012 and as such, no separate notice requiring petitioner's appearance before respondent No. 3 shall be essential. Respondent No. 3 shall decide the application, as expeditiously as possible, preferably within eight (8) weeks from date of appearance of petitioner before him. Rule is accordingly made absolute. No order as to costs.</p><p> 7. Pending civil application, if any, does not survive, same stands disposed of.</p>',
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	(int) 0 => '<p><strong>Oral Judgment : [ R.M. Borde, J.]</strong><p> Rule. Rule made returnable forthwith.',
	(int) 1 => '<p> With consent of the parties, the petition is taken up for final disposal at admission stage.',
	(int) 2 => '<p> 2. The petitioner claims to be belonging to Bhavsar Kshetriya caste which is included in Other Backward Class category. The petitioner is serving as Conductor in Maharashtra State Road Transport Corporation. The school record of the petitioner records caste as 'Hindu Maratha'. According to the petitioner, while securing admission in school, his father has erroneously recorded the entry as 'Hindu Maratha'. He further contends that old record pertaining to his father, uncle and other near relatives show that they belong to 'Bhavsar Kehstriya caste'. The petitioner has also been issued caste certificate by the competent authority. The son of the petitioner has also been issued caste certificate by the competent authority certifying that he belongs to 'Bhavsar Kshetriya caste' and his caste claim has been validated by the competent Committee. The petitioner, therefore, tendered application to school where he was studying for onward transmission to the Education Officer (Primary), Zilla Parishad, Osmanabad for issuing directions for affecting necessary corrections. The school authority forwarded the application with favourable recommendation to the Education Officer. The Education Officer (Primary) by his order dated 1st November, 2011 was pleased to reject the application recording that since the petitioner has left the school, the application is not maintainable.',
	(int) 3 => '<p> 3. The petitioner tendered appeal to the Deputy Director of Education, Latur Division, Latur,which was heard and disposed of by Deputy Director of Education, Latur Division, Latur on 30th January, 2012 and appeal came to be dismissed. The appellate authority has recorded in the order that rule 26.4, Appendix-Six of the Secondary Schools Code-2006 does not permit to make correction in the entries in respect of caste in the school record after pupil has left the school. According to the petitioner, reasons recorded by both the authorities for turning down his claim are erroneous and against the provisions of Secondary Schools Code, 2006. Rule 26.4 of the Secondary Schools Code, 2006 prescribe that application for change or correction of date of birth, name, surname, caste etc., as entered in the General Register shall be entertained from or on behalf of a pupil who is attending a school. It further provide that such application shall not be entertained from or on behalf of a pupil, who has left the school, as the same amounts not only to a change in the entries in the General Register but also to a change in the School Leaving Certificate. It has been further prescribed that, however, for the purposes like an admission to another educational institution the School Leaving certificate is relied upon as an evidence for name, surname, caste, date of birth etc., and in bonafide cases where wrong spelling of a word or an obvious mistake of the type mentioned in sub-rule 3 above is noticed any time after issue of the School Leaving Certificate and the same is required to be corrected so as to be consistent with the corresponding entries in the General Register of the school or those in the School Leaving Certificate issued by the previous school, such applications shall be entertained. The procedure to be followed in such cases is laid down in Appendix Six.',
	(int) 4 => '<p> 4. Rule 26.4 of the Secondary Schools Code, 2006 has been interpreted by the Division Bench of this Court in the matter of Shaikh Shafi Ahmed Khadarsab vs. The State of Maharashtra and others in Writ Petition No. 1138 of 2009 decided on 13<sup>th</sup> March, 2012. In paragraph-11 of the judgment cited supra, the Division Bench of this Court has observed thus:',
	(int) 5 => '<p> "11. For all these reasons, we hold that the instructions contained in para 26.4 of the S.S.Code that an application for change of an entry in the General Register of a school shall be entertained only on behalf of the pupil who is attending the school meaning thereby that it shall not be entertained on behalf of the pupil who has left the school, are directory and not mandatory. In our view, such an application can be entertained even after the pupil has left the school, provided the application is bona-fide and the pupil is able to satisfy that the original entry in the General Register of the school is erroneous. The application can be rejected if the entry is not shown to be erroneous and wrong. It, however, cannot be rejected without it being considered on merits, only on the technical ground that the application has been made after the pupil has left the school."',
	(int) 6 => '<p> 5. Appendix Six of the Secondary Schools Code, 2006 lays down the procedure in respect of making correction and change in names, surnames, caste/sub-caste, date of birth etc., Paragraph Nos.12 to 15 of Appendix Six reads thus:',
	(int) 7 => '<p> "<strong>Change in Caste or Sub-Caste (in respect of B.C. pupils only):</strong>',
	(int) 8 => '<p> (12) For making changes in caste or sub-caste of Backward Class pupils the guardian of the pupil shall make an application in Form No. 3 accompanying these rules.',
	(int) 9 => '<p> (13) Permission may be given to change the entries in the General Register of the school in respect of "caste" or "sub-caste" of Backward Class pupils in the following circumstances.',
	(int) 10 => '<p> (i) due to wrong entries made initially;',
	(int) 11 => '<p> (ii) due to change in religion;',
	(int) 12 => '<p> (iii) if the caste previously treated as non-backward was subsequently declared by Government as Backward or vice-versa.',
	(int) 13 => '<p> (iv) due to adoption;',
	(int) 14 => '<p> (v) due to inter-caste or inter-religion marriage;',
	(int) 15 => '<p> (14) For this purpose, the necessary certificates from the following authorities must accompany the application for change of caste or sub-caste:',
	(int) 16 => '<p> <strong>(a) For Reasons</strong>, (i),(ii) and (iii) above:',
	(int) 17 => '<p> In Greater Bombay (a) The Chief Presidency Magistrate or the Presidency Magistrate authorised by him;',
	(int) 18 => '<p> Or',
	(int) 19 => '<p> (b) Justice of Peace; or (Deleted)',
	(int) 20 => '<p> (c) Social, Welfare Officer, Greater Bombay, Bombay.',
	(int) 21 => '<p> In other areas (d) The District Magistrates or Executive Magistrates authorized by them;',
	(int) 22 => '<p> or',
	(int) 23 => '<p> (e) Honorary Magistrates; or (Deleted)',
	(int) 24 => '<p> (f) The Social Welfare Officer of the district concerned.',
	(int) 25 => '<p> (<strong>b) Due to adoption </strong>:',
	(int) 26 => '<p> The original adoption-deed or a certified copy of that deed or a certificate from stipendiary Magistrate showing the change in name (if any) and the caste or sub-caste changed as a result of adoption should accompany the application for change in caste or sub-caste.',
	(int) 27 => '<p> <strong>(c) Due to inter-caste or inter-religion marriage </strong>:',
	(int) 28 => '<p> A declaration by the parent or guardian attested by two witnesses and the student himself/herself or certified copy of the certificate of registration of marriage should accompany the application for change in caste or sub-caste along with the certificate from the concerned competent authority mentioned in (a) above showing that the caste or sub-caste has changed as a result of the marriage.',
	(int) 29 => '<p> <strong>(d) Due to any other reason </strong>:',
	(int) 30 => '<p> An affidavit made before a stipendiary Magistrate by the parent or guardian should accompany the application for change in caste of sub-caste.',
	(int) 31 => '<p> <strong>N.B</strong>.: The term "Backward Class" means and includes the following categories.',
	(int) 32 => '<table><tbody><tr><td>1<td>Scheduled castes and Schedule Caste converts to Buddhism.<td>As per Scheduled Castes and Scheduled Tribes Lists Modification Order, 1956, as adopted for Maharashtra State.</tr><tr><td>2<td>Scheduled Tribes including those outside specified areas.<td>Vide Part VII-A of the Seventh and Eighth Schedule of the Bombay Reorganisation Act, 1960 and orders issued by Government in this behalf from time to time.</tr><tr><td>3<td>DenotifiedTribes and Nomadic Tribes.<td>As per Government Resolution, Education and Social Welfare Deptt. No. CBC. 1361-M, dated 21<sup>st</sup> November 1961 and Government from time to time.</tr><tr><td>4<td>Other Classes.<td>Backward Castes which have been declared as belonging to the other Backward Classes by Government from time to time.</tr></tbody></table><strong>General</strong>:-<p> (Please also see Annexure 36).',
	(int) 33 => '<p> 15. An appeal against the decision of the Educational Inspector, Greater Bombay or as the case may be, the Education Officer, Zilla Parishad concerned, who has not sanctioned the change shall be submitted to the Deputy Director concerned within 30 days of the receipt of the order."',
	(int) 34 => '<p> 6. On fulfillment of requirements laid down under Appendix Six, the application tendered for effecting change in the entries recorded in school record can be entertained. Respondents were therefore not justified in turning down the application tendered by the petitioner on the ground that the entries recorded in the school record cannot be corrected after pupil has left school. The petition, therefore, deserves to be allowed and Education Officer (Primary), Zilla Parishad, Osmanabad is required to be directed to consider the application tendered by the petitioner to the school authorities and which has been forwarded to the Education Officer (Primary), Zilla Parishad, Osmanabad, in accordance with provisions of Secondary Schools Code, 2006. The orders passed by respondent Nos. 2 and 3 impugned in this petition, are quashed and set aside and the matter is remitted back to the Education Officer (Primary), Zilla Parishad, Osmanabad for reconsideration. The Education Officer (Primary), Zilla Parishad, Osmanabad shall proceed to take decision on the application in accordance with provisions of Secondary Schools Code, 2006 and the observations made in this judgment. The petitioner shall cause appearance before the Education Officer (Primary), Zilla Parishad, Osmanabad on 29th October, 2012 and as such, no separate notice requiring petitioner's appearance before respondent No. 3 shall be essential. Respondent No. 3 shall decide the application, as expeditiously as possible, preferably within eight (8) weeks from date of appearance of petitioner before him. Rule is accordingly made absolute. No order as to costs.',
	(int) 35 => '<p> 7. Pending civil application, if any, does not survive, same stands disposed of.',
	(int) 36 => ''
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			'judgement' => '<p style="text-align: justify;"><strong>Oral Judgment : [ R.M. Borde, J.]</strong><p style="text-align: justify;"> Rule. Rule made returnable forthwith.</p><p style="text-align: justify;"> With consent of the parties, the petition is taken up for final disposal at admission stage.</p><p style="text-align: justify;"> 2. The petitioner claims to be belonging to Bhavsar Kshetriya caste which is included in Other Backward Class category. The petitioner is serving as Conductor in Maharashtra State Road Transport Corporation. The school record of the petitioner records caste as 'Hindu Maratha'. According to the petitioner, while securing admission in school, his father has erroneously recorded the entry as 'Hindu Maratha'. He further contends that old record pertaining to his father, uncle and other near relatives show that they belong to 'Bhavsar Kehstriya caste'. The petitioner has also been issued caste certificate by the competent authority. The son of the petitioner has also been issued caste certificate by the competent authority certifying that he belongs to 'Bhavsar Kshetriya caste' and his caste claim has been validated by the competent Committee. The petitioner, therefore, tendered application to school where he was studying for onward transmission to the Education Officer (Primary), Zilla Parishad, Osmanabad for issuing directions for affecting necessary corrections. The school authority forwarded the application with favourable recommendation to the Education Officer. The Education Officer (Primary) by his order dated 1st November, 2011 was pleased to reject the application recording that since the petitioner has left the school, the application is not maintainable.</p><p style="text-align: justify;"> 3. The petitioner tendered appeal to the Deputy Director of Education, Latur Division, Latur,which was heard and disposed of by Deputy Director of Education, Latur Division, Latur on 30th January, 2012 and appeal came to be dismissed. The appellate authority has recorded in the order that rule 26.4, Appendix-Six of the Secondary Schools Code-2006 does not permit to make correction in the entries in respect of caste in the school record after pupil has left the school. According to the petitioner, reasons recorded by both the authorities for turning down his claim are erroneous and against the provisions of Secondary Schools Code, 2006. Rule 26.4 of the Secondary Schools Code, 2006 prescribe that application for change or correction of date of birth, name, surname, caste etc., as entered in the General Register shall be entertained from or on behalf of a pupil who is attending a school. It further provide that such application shall not be entertained from or on behalf of a pupil, who has left the school, as the same amounts not only to a change in the entries in the General Register but also to a change in the School Leaving Certificate. It has been further prescribed that, however, for the purposes like an admission to another educational institution the School Leaving certificate is relied upon as an evidence for name, surname, caste, date of birth etc., and in bonafide cases where wrong spelling of a word or an obvious mistake of the type mentioned in sub-rule 3 above is noticed any time after issue of the School Leaving Certificate and the same is required to be corrected so as to be consistent with the corresponding entries in the General Register of the school or those in the School Leaving Certificate issued by the previous school, such applications shall be entertained. The procedure to be followed in such cases is laid down in Appendix Six.</p><p style="text-align: justify;"> 4. Rule 26.4 of the Secondary Schools Code, 2006 has been interpreted by the Division Bench of this Court in the matter of Shaikh Shafi Ahmed Khadarsab vs. The State of Maharashtra and others in Writ Petition No. 1138 of 2009 decided on 13<sup>th</sup> March, 2012. In paragraph-11 of the judgment cited supra, the Division Bench of this Court has observed thus:</p><p style="text-align: justify;"> "11. For all these reasons, we hold that the instructions contained in para 26.4 of the S.S.Code that an application for change of an entry in the General Register of a school shall be entertained only on behalf of the pupil who is attending the school meaning thereby that it shall not be entertained on behalf of the pupil who has left the school, are directory and not mandatory. In our view, such an application can be entertained even after the pupil has left the school, provided the application is bona-fide and the pupil is able to satisfy that the original entry in the General Register of the school is erroneous. The application can be rejected if the entry is not shown to be erroneous and wrong. It, however, cannot be rejected without it being considered on merits, only on the technical ground that the application has been made after the pupil has left the school."</p><p style="text-align: justify;"> 5. Appendix Six of the Secondary Schools Code, 2006 lays down the procedure in respect of making correction and change in names, surnames, caste/sub-caste, date of birth etc., Paragraph Nos.12 to 15 of Appendix Six reads thus:</p><p style="text-align: justify;"> "<strong>Change in Caste or Sub-Caste (in respect of B.C. pupils only):</strong></p><p style="text-align: justify;"> (12) For making changes in caste or sub-caste of Backward Class pupils the guardian of the pupil shall make an application in Form No. 3 accompanying these rules.</p><p style="text-align: justify;"> (13) Permission may be given to change the entries in the General Register of the school in respect of "caste" or "sub-caste" of Backward Class pupils in the following circumstances.</p><p style="text-align: justify;"> (i) due to wrong entries made initially;</p><p style="text-align: justify;"> (ii) due to change in religion;</p><p style="text-align: justify;"> (iii) if the caste previously treated as non-backward was subsequently declared by Government as Backward or vice-versa.</p><p style="text-align: justify;"> (iv) due to adoption;</p><p style="text-align: justify;"> (v) due to inter-caste or inter-religion marriage;</p><p style="text-align: justify;"> (14) For this purpose, the necessary certificates from the following authorities must accompany the application for change of caste or sub-caste:</p><p style="text-align: justify;"> <strong>(a) For Reasons</strong>, (i),(ii) and (iii) above:</p><p style="text-align: justify;"> In Greater Bombay (a) The Chief Presidency Magistrate or the Presidency Magistrate authorised by him;</p><p style="text-align: justify;"> Or</p><p style="text-align: justify;"> (b) Justice of Peace; or (Deleted)</p><p style="text-align: justify;"> (c) Social, Welfare Officer, Greater Bombay, Bombay.</p><p style="text-align: justify;"> In other areas (d) The District Magistrates or Executive Magistrates authorized by them;</p><p style="text-align: justify;"> or</p><p style="text-align: justify;"> (e) Honorary Magistrates; or (Deleted)</p><p style="text-align: justify;"> (f) The Social Welfare Officer of the district concerned.</p><p style="text-align: justify;"> (<strong>b) Due to adoption </strong>:</p><p style="text-align: justify;"> The original adoption-deed or a certified copy of that deed or a certificate from stipendiary Magistrate showing the change in name (if any) and the caste or sub-caste changed as a result of adoption should accompany the application for change in caste or sub-caste.</p><p style="text-align: justify;"> <strong>(c) Due to inter-caste or inter-religion marriage </strong>:</p><p style="text-align: justify;"> A declaration by the parent or guardian attested by two witnesses and the student himself/herself or certified copy of the certificate of registration of marriage should accompany the application for change in caste or sub-caste along with the certificate from the concerned competent authority mentioned in (a) above showing that the caste or sub-caste has changed as a result of the marriage.</p><p style="text-align: justify;"> <strong>(d) Due to any other reason </strong>:</p><p style="text-align: justify;"> An affidavit made before a stipendiary Magistrate by the parent or guardian should accompany the application for change in caste of sub-caste.</p><p style="text-align: justify;"> <strong>N.B</strong>.: The term "Backward Class" means and includes the following categories.</p><table border="1" cellpadding="0" cellspacing="0"><tbody><tr><td style="width: 43px">1<td style="width: 251px">Scheduled castes and Schedule Caste converts to Buddhism.<td style="width: 282px">As per Scheduled Castes and Scheduled Tribes Lists Modification Order, 1956, as adopted for Maharashtra State.</tr><tr><td style="width: 43px">2<td style="width: 251px">Scheduled Tribes including those outside specified areas.<td style="width: 282px">Vide Part VII-A of the Seventh and Eighth Schedule of the Bombay Reorganisation Act, 1960 and orders issued by Government in this behalf from time to time.</tr><tr><td style="width: 43px">3<td style="width: 251px">DenotifiedTribes and Nomadic Tribes.<td style="width: 282px">As per Government Resolution, Education and Social Welfare Deptt. No. CBC. 1361-M, dated 21<sup>st</sup> November 1961 and Government from time to time.</tr><tr><td style="width: 43px">4<td style="width: 251px">Other Classes.<td style="width: 282px">Backward Castes which have been declared as belonging to the other Backward Classes by Government from time to time.</tr></tbody></table><strong>General</strong>:-<p style="text-align: justify;"> (Please also see Annexure 36).</p><p style="text-align: justify;"> 15. An appeal against the decision of the Educational Inspector, Greater Bombay or as the case may be, the Education Officer, Zilla Parishad concerned, who has not sanctioned the change shall be submitted to the Deputy Director concerned within 30 days of the receipt of the order."</p><p style="text-align: justify;"> 6. On fulfillment of requirements laid down under Appendix Six, the application tendered for effecting change in the entries recorded in school record can be entertained. Respondents were therefore not justified in turning down the application tendered by the petitioner on the ground that the entries recorded in the school record cannot be corrected after pupil has left school. The petition, therefore, deserves to be allowed and Education Officer (Primary), Zilla Parishad, Osmanabad is required to be directed to consider the application tendered by the petitioner to the school authorities and which has been forwarded to the Education Officer (Primary), Zilla Parishad, Osmanabad, in accordance with provisions of Secondary Schools Code, 2006. The orders passed by respondent Nos. 2 and 3 impugned in this petition, are quashed and set aside and the matter is remitted back to the Education Officer (Primary), Zilla Parishad, Osmanabad for reconsideration. The Education Officer (Primary), Zilla Parishad, Osmanabad shall proceed to take decision on the application in accordance with provisions of Secondary Schools Code, 2006 and the observations made in this judgment. The petitioner shall cause appearance before the Education Officer (Primary), Zilla Parishad, Osmanabad on 29th October, 2012 and as such, no separate notice requiring petitioner's appearance before respondent No. 3 shall be essential. Respondent No. 3 shall decide the application, as expeditiously as possible, preferably within eight (8) weeks from date of appearance of petitioner before him. Rule is accordingly made absolute. No order as to costs.</p><p style="text-align: justify;"> 7. Pending civil application, if any, does not survive, same stands disposed of.</p>',
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		'judgement' => '<p><strong>Oral Judgment : [ R.M. Borde, J.]</strong><p> Rule. Rule made returnable forthwith.</p><p> With consent of the parties, the petition is taken up for final disposal at admission stage.</p><p> 2. The petitioner claims to be belonging to Bhavsar Kshetriya caste which is included in Other Backward Class category. The petitioner is serving as Conductor in Maharashtra State Road Transport Corporation. The school record of the petitioner records caste as 'Hindu Maratha'. According to the petitioner, while securing admission in school, his father has erroneously recorded the entry as 'Hindu Maratha'. He further contends that old record pertaining to his father, uncle and other near relatives show that they belong to 'Bhavsar Kehstriya caste'. The petitioner has also been issued caste certificate by the competent authority. The son of the petitioner has also been issued caste certificate by the competent authority certifying that he belongs to 'Bhavsar Kshetriya caste' and his caste claim has been validated by the competent Committee. The petitioner, therefore, tendered application to school where he was studying for onward transmission to the Education Officer (Primary), Zilla Parishad, Osmanabad for issuing directions for affecting necessary corrections. The school authority forwarded the application with favourable recommendation to the Education Officer. The Education Officer (Primary) by his order dated 1st November, 2011 was pleased to reject the application recording that since the petitioner has left the school, the application is not maintainable.</p><p> 3. The petitioner tendered appeal to the Deputy Director of Education, Latur Division, Latur,which was heard and disposed of by Deputy Director of Education, Latur Division, Latur on 30th January, 2012 and appeal came to be dismissed. The appellate authority has recorded in the order that rule 26.4, Appendix-Six of the Secondary Schools Code-2006 does not permit to make correction in the entries in respect of caste in the school record after pupil has left the school. According to the petitioner, reasons recorded by both the authorities for turning down his claim are erroneous and against the provisions of Secondary Schools Code, 2006. Rule 26.4 of the Secondary Schools Code, 2006 prescribe that application for change or correction of date of birth, name, surname, caste etc., as entered in the General Register shall be entertained from or on behalf of a pupil who is attending a school. It further provide that such application shall not be entertained from or on behalf of a pupil, who has left the school, as the same amounts not only to a change in the entries in the General Register but also to a change in the School Leaving Certificate. It has been further prescribed that, however, for the purposes like an admission to another educational institution the School Leaving certificate is relied upon as an evidence for name, surname, caste, date of birth etc., and in bonafide cases where wrong spelling of a word or an obvious mistake of the type mentioned in sub-rule 3 above is noticed any time after issue of the School Leaving Certificate and the same is required to be corrected so as to be consistent with the corresponding entries in the General Register of the school or those in the School Leaving Certificate issued by the previous school, such applications shall be entertained. The procedure to be followed in such cases is laid down in Appendix Six.</p><p> 4. Rule 26.4 of the Secondary Schools Code, 2006 has been interpreted by the Division Bench of this Court in the matter of Shaikh Shafi Ahmed Khadarsab vs. The State of Maharashtra and others in Writ Petition No. 1138 of 2009 decided on 13<sup>th</sup> March, 2012. In paragraph-11 of the judgment cited supra, the Division Bench of this Court has observed thus:</p><p> "11. For all these reasons, we hold that the instructions contained in para 26.4 of the S.S.Code that an application for change of an entry in the General Register of a school shall be entertained only on behalf of the pupil who is attending the school meaning thereby that it shall not be entertained on behalf of the pupil who has left the school, are directory and not mandatory. In our view, such an application can be entertained even after the pupil has left the school, provided the application is bona-fide and the pupil is able to satisfy that the original entry in the General Register of the school is erroneous. The application can be rejected if the entry is not shown to be erroneous and wrong. It, however, cannot be rejected without it being considered on merits, only on the technical ground that the application has been made after the pupil has left the school."</p><p> 5. Appendix Six of the Secondary Schools Code, 2006 lays down the procedure in respect of making correction and change in names, surnames, caste/sub-caste, date of birth etc., Paragraph Nos.12 to 15 of Appendix Six reads thus:</p><p> "<strong>Change in Caste or Sub-Caste (in respect of B.C. pupils only):</strong></p><p> (12) For making changes in caste or sub-caste of Backward Class pupils the guardian of the pupil shall make an application in Form No. 3 accompanying these rules.</p><p> (13) Permission may be given to change the entries in the General Register of the school in respect of "caste" or "sub-caste" of Backward Class pupils in the following circumstances.</p><p> (i) due to wrong entries made initially;</p><p> (ii) due to change in religion;</p><p> (iii) if the caste previously treated as non-backward was subsequently declared by Government as Backward or vice-versa.</p><p> (iv) due to adoption;</p><p> (v) due to inter-caste or inter-religion marriage;</p><p> (14) For this purpose, the necessary certificates from the following authorities must accompany the application for change of caste or sub-caste:</p><p> <strong>(a) For Reasons</strong>, (i),(ii) and (iii) above:</p><p> In Greater Bombay (a) The Chief Presidency Magistrate or the Presidency Magistrate authorised by him;</p><p> Or</p><p> (b) Justice of Peace; or (Deleted)</p><p> (c) Social, Welfare Officer, Greater Bombay, Bombay.</p><p> In other areas (d) The District Magistrates or Executive Magistrates authorized by them;</p><p> or</p><p> (e) Honorary Magistrates; or (Deleted)</p><p> (f) The Social Welfare Officer of the district concerned.</p><p> (<strong>b) Due to adoption </strong>:</p><p> The original adoption-deed or a certified copy of that deed or a certificate from stipendiary Magistrate showing the change in name (if any) and the caste or sub-caste changed as a result of adoption should accompany the application for change in caste or sub-caste.</p><p> <strong>(c) Due to inter-caste or inter-religion marriage </strong>:</p><p> A declaration by the parent or guardian attested by two witnesses and the student himself/herself or certified copy of the certificate of registration of marriage should accompany the application for change in caste or sub-caste along with the certificate from the concerned competent authority mentioned in (a) above showing that the caste or sub-caste has changed as a result of the marriage.</p><p> <strong>(d) Due to any other reason </strong>:</p><p> An affidavit made before a stipendiary Magistrate by the parent or guardian should accompany the application for change in caste of sub-caste.</p><p> <strong>N.B</strong>.: The term "Backward Class" means and includes the following categories.</p><table><tbody><tr><td>1<td>Scheduled castes and Schedule Caste converts to Buddhism.<td>As per Scheduled Castes and Scheduled Tribes Lists Modification Order, 1956, as adopted for Maharashtra State.</tr><tr><td>2<td>Scheduled Tribes including those outside specified areas.<td>Vide Part VII-A of the Seventh and Eighth Schedule of the Bombay Reorganisation Act, 1960 and orders issued by Government in this behalf from time to time.</tr><tr><td>3<td>DenotifiedTribes and Nomadic Tribes.<td>As per Government Resolution, Education and Social Welfare Deptt. No. CBC. 1361-M, dated 21<sup>st</sup> November 1961 and Government from time to time.</tr><tr><td>4<td>Other Classes.<td>Backward Castes which have been declared as belonging to the other Backward Classes by Government from time to time.</tr></tbody></table><strong>General</strong>:-<p> (Please also see Annexure 36).</p><p> 15. An appeal against the decision of the Educational Inspector, Greater Bombay or as the case may be, the Education Officer, Zilla Parishad concerned, who has not sanctioned the change shall be submitted to the Deputy Director concerned within 30 days of the receipt of the order."</p><p> 6. On fulfillment of requirements laid down under Appendix Six, the application tendered for effecting change in the entries recorded in school record can be entertained. Respondents were therefore not justified in turning down the application tendered by the petitioner on the ground that the entries recorded in the school record cannot be corrected after pupil has left school. The petition, therefore, deserves to be allowed and Education Officer (Primary), Zilla Parishad, Osmanabad is required to be directed to consider the application tendered by the petitioner to the school authorities and which has been forwarded to the Education Officer (Primary), Zilla Parishad, Osmanabad, in accordance with provisions of Secondary Schools Code, 2006. The orders passed by respondent Nos. 2 and 3 impugned in this petition, are quashed and set aside and the matter is remitted back to the Education Officer (Primary), Zilla Parishad, Osmanabad for reconsideration. The Education Officer (Primary), Zilla Parishad, Osmanabad shall proceed to take decision on the application in accordance with provisions of Secondary Schools Code, 2006 and the observations made in this judgment. The petitioner shall cause appearance before the Education Officer (Primary), Zilla Parishad, Osmanabad on 29th October, 2012 and as such, no separate notice requiring petitioner's appearance before respondent No. 3 shall be essential. Respondent No. 3 shall decide the application, as expeditiously as possible, preferably within eight (8) weeks from date of appearance of petitioner before him. Rule is accordingly made absolute. No order as to costs.</p><p> 7. Pending civil application, if any, does not survive, same stands disposed of.</p>',
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	(int) 0 => '<p><strong>Oral Judgment : [ R.M. Borde, J.]</strong><p> Rule. Rule made returnable forthwith.',
	(int) 1 => '<p> With consent of the parties, the petition is taken up for final disposal at admission stage.',
	(int) 2 => '<p> 2. The petitioner claims to be belonging to Bhavsar Kshetriya caste which is included in Other Backward Class category. The petitioner is serving as Conductor in Maharashtra State Road Transport Corporation. The school record of the petitioner records caste as 'Hindu Maratha'. According to the petitioner, while securing admission in school, his father has erroneously recorded the entry as 'Hindu Maratha'. He further contends that old record pertaining to his father, uncle and other near relatives show that they belong to 'Bhavsar Kehstriya caste'. The petitioner has also been issued caste certificate by the competent authority. The son of the petitioner has also been issued caste certificate by the competent authority certifying that he belongs to 'Bhavsar Kshetriya caste' and his caste claim has been validated by the competent Committee. The petitioner, therefore, tendered application to school where he was studying for onward transmission to the Education Officer (Primary), Zilla Parishad, Osmanabad for issuing directions for affecting necessary corrections. The school authority forwarded the application with favourable recommendation to the Education Officer. The Education Officer (Primary) by his order dated 1st November, 2011 was pleased to reject the application recording that since the petitioner has left the school, the application is not maintainable.',
	(int) 3 => '<p> 3. The petitioner tendered appeal to the Deputy Director of Education, Latur Division, Latur,which was heard and disposed of by Deputy Director of Education, Latur Division, Latur on 30th January, 2012 and appeal came to be dismissed. The appellate authority has recorded in the order that rule 26.4, Appendix-Six of the Secondary Schools Code-2006 does not permit to make correction in the entries in respect of caste in the school record after pupil has left the school. According to the petitioner, reasons recorded by both the authorities for turning down his claim are erroneous and against the provisions of Secondary Schools Code, 2006. Rule 26.4 of the Secondary Schools Code, 2006 prescribe that application for change or correction of date of birth, name, surname, caste etc., as entered in the General Register shall be entertained from or on behalf of a pupil who is attending a school. It further provide that such application shall not be entertained from or on behalf of a pupil, who has left the school, as the same amounts not only to a change in the entries in the General Register but also to a change in the School Leaving Certificate. It has been further prescribed that, however, for the purposes like an admission to another educational institution the School Leaving certificate is relied upon as an evidence for name, surname, caste, date of birth etc., and in bonafide cases where wrong spelling of a word or an obvious mistake of the type mentioned in sub-rule 3 above is noticed any time after issue of the School Leaving Certificate and the same is required to be corrected so as to be consistent with the corresponding entries in the General Register of the school or those in the School Leaving Certificate issued by the previous school, such applications shall be entertained. The procedure to be followed in such cases is laid down in Appendix Six.',
	(int) 4 => '<p> 4. Rule 26.4 of the Secondary Schools Code, 2006 has been interpreted by the Division Bench of this Court in the matter of Shaikh Shafi Ahmed Khadarsab vs. The State of Maharashtra and others in Writ Petition No. 1138 of 2009 decided on 13<sup>th</sup> March, 2012. In paragraph-11 of the judgment cited supra, the Division Bench of this Court has observed thus:',
	(int) 5 => '<p> "11. For all these reasons, we hold that the instructions contained in para 26.4 of the S.S.Code that an application for change of an entry in the General Register of a school shall be entertained only on behalf of the pupil who is attending the school meaning thereby that it shall not be entertained on behalf of the pupil who has left the school, are directory and not mandatory. In our view, such an application can be entertained even after the pupil has left the school, provided the application is bona-fide and the pupil is able to satisfy that the original entry in the General Register of the school is erroneous. The application can be rejected if the entry is not shown to be erroneous and wrong. It, however, cannot be rejected without it being considered on merits, only on the technical ground that the application has been made after the pupil has left the school."',
	(int) 6 => '<p> 5. Appendix Six of the Secondary Schools Code, 2006 lays down the procedure in respect of making correction and change in names, surnames, caste/sub-caste, date of birth etc., Paragraph Nos.12 to 15 of Appendix Six reads thus:',
	(int) 7 => '<p> "<strong>Change in Caste or Sub-Caste (in respect of B.C. pupils only):</strong>',
	(int) 8 => '<p> (12) For making changes in caste or sub-caste of Backward Class pupils the guardian of the pupil shall make an application in Form No. 3 accompanying these rules.',
	(int) 9 => '<p> (13) Permission may be given to change the entries in the General Register of the school in respect of "caste" or "sub-caste" of Backward Class pupils in the following circumstances.',
	(int) 10 => '<p> (i) due to wrong entries made initially;',
	(int) 11 => '<p> (ii) due to change in religion;',
	(int) 12 => '<p> (iii) if the caste previously treated as non-backward was subsequently declared by Government as Backward or vice-versa.',
	(int) 13 => '<p> (iv) due to adoption;',
	(int) 14 => '<p> (v) due to inter-caste or inter-religion marriage;',
	(int) 15 => '<p> (14) For this purpose, the necessary certificates from the following authorities must accompany the application for change of caste or sub-caste:',
	(int) 16 => '<p> <strong>(a) For Reasons</strong>, (i),(ii) and (iii) above:',
	(int) 17 => '<p> In Greater Bombay (a) The Chief Presidency Magistrate or the Presidency Magistrate authorised by him;',
	(int) 18 => '<p> Or',
	(int) 19 => '<p> (b) Justice of Peace; or (Deleted)',
	(int) 20 => '<p> (c) Social, Welfare Officer, Greater Bombay, Bombay.',
	(int) 21 => '<p> In other areas (d) The District Magistrates or Executive Magistrates authorized by them;',
	(int) 22 => '<p> or',
	(int) 23 => '<p> (e) Honorary Magistrates; or (Deleted)',
	(int) 24 => '<p> (f) The Social Welfare Officer of the district concerned.',
	(int) 25 => '<p> (<strong>b) Due to adoption </strong>:',
	(int) 26 => '<p> The original adoption-deed or a certified copy of that deed or a certificate from stipendiary Magistrate showing the change in name (if any) and the caste or sub-caste changed as a result of adoption should accompany the application for change in caste or sub-caste.',
	(int) 27 => '<p> <strong>(c) Due to inter-caste or inter-religion marriage </strong>:',
	(int) 28 => '<p> A declaration by the parent or guardian attested by two witnesses and the student himself/herself or certified copy of the certificate of registration of marriage should accompany the application for change in caste or sub-caste along with the certificate from the concerned competent authority mentioned in (a) above showing that the caste or sub-caste has changed as a result of the marriage.',
	(int) 29 => '<p> <strong>(d) Due to any other reason </strong>:',
	(int) 30 => '<p> An affidavit made before a stipendiary Magistrate by the parent or guardian should accompany the application for change in caste of sub-caste.',
	(int) 31 => '<p> <strong>N.B</strong>.: The term "Backward Class" means and includes the following categories.',
	(int) 32 => '<table><tbody><tr><td>1<td>Scheduled castes and Schedule Caste converts to Buddhism.<td>As per Scheduled Castes and Scheduled Tribes Lists Modification Order, 1956, as adopted for Maharashtra State.</tr><tr><td>2<td>Scheduled Tribes including those outside specified areas.<td>Vide Part VII-A of the Seventh and Eighth Schedule of the Bombay Reorganisation Act, 1960 and orders issued by Government in this behalf from time to time.</tr><tr><td>3<td>DenotifiedTribes and Nomadic Tribes.<td>As per Government Resolution, Education and Social Welfare Deptt. No. CBC. 1361-M, dated 21<sup>st</sup> November 1961 and Government from time to time.</tr><tr><td>4<td>Other Classes.<td>Backward Castes which have been declared as belonging to the other Backward Classes by Government from time to time.</tr></tbody></table><strong>General</strong>:-<p> (Please also see Annexure 36).',
	(int) 33 => '<p> 15. An appeal against the decision of the Educational Inspector, Greater Bombay or as the case may be, the Education Officer, Zilla Parishad concerned, who has not sanctioned the change shall be submitted to the Deputy Director concerned within 30 days of the receipt of the order."',
	(int) 34 => '<p> 6. On fulfillment of requirements laid down under Appendix Six, the application tendered for effecting change in the entries recorded in school record can be entertained. Respondents were therefore not justified in turning down the application tendered by the petitioner on the ground that the entries recorded in the school record cannot be corrected after pupil has left school. The petition, therefore, deserves to be allowed and Education Officer (Primary), Zilla Parishad, Osmanabad is required to be directed to consider the application tendered by the petitioner to the school authorities and which has been forwarded to the Education Officer (Primary), Zilla Parishad, Osmanabad, in accordance with provisions of Secondary Schools Code, 2006. The orders passed by respondent Nos. 2 and 3 impugned in this petition, are quashed and set aside and the matter is remitted back to the Education Officer (Primary), Zilla Parishad, Osmanabad for reconsideration. The Education Officer (Primary), Zilla Parishad, Osmanabad shall proceed to take decision on the application in accordance with provisions of Secondary Schools Code, 2006 and the observations made in this judgment. The petitioner shall cause appearance before the Education Officer (Primary), Zilla Parishad, Osmanabad on 29th October, 2012 and as such, no separate notice requiring petitioner's appearance before respondent No. 3 shall be essential. Respondent No. 3 shall decide the application, as expeditiously as possible, preferably within eight (8) weeks from date of appearance of petitioner before him. Rule is accordingly made absolute. No order as to costs.',
	(int) 35 => '<p> 7. Pending civil application, if any, does not survive, same stands disposed of.',
	(int) 36 => ''
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An affidavit made before a stipendiary Magistrate by the parent or guardian should accompany the application for change in caste of sub-caste.

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			'judgement' => '<p style="text-align: justify;"><strong>Oral Judgment : [ R.M. Borde, J.]</strong><p style="text-align: justify;"> Rule. Rule made returnable forthwith.</p><p style="text-align: justify;"> With consent of the parties, the petition is taken up for final disposal at admission stage.</p><p style="text-align: justify;"> 2. The petitioner claims to be belonging to Bhavsar Kshetriya caste which is included in Other Backward Class category. The petitioner is serving as Conductor in Maharashtra State Road Transport Corporation. The school record of the petitioner records caste as 'Hindu Maratha'. According to the petitioner, while securing admission in school, his father has erroneously recorded the entry as 'Hindu Maratha'. He further contends that old record pertaining to his father, uncle and other near relatives show that they belong to 'Bhavsar Kehstriya caste'. The petitioner has also been issued caste certificate by the competent authority. The son of the petitioner has also been issued caste certificate by the competent authority certifying that he belongs to 'Bhavsar Kshetriya caste' and his caste claim has been validated by the competent Committee. The petitioner, therefore, tendered application to school where he was studying for onward transmission to the Education Officer (Primary), Zilla Parishad, Osmanabad for issuing directions for affecting necessary corrections. The school authority forwarded the application with favourable recommendation to the Education Officer. The Education Officer (Primary) by his order dated 1st November, 2011 was pleased to reject the application recording that since the petitioner has left the school, the application is not maintainable.</p><p style="text-align: justify;"> 3. The petitioner tendered appeal to the Deputy Director of Education, Latur Division, Latur,which was heard and disposed of by Deputy Director of Education, Latur Division, Latur on 30th January, 2012 and appeal came to be dismissed. The appellate authority has recorded in the order that rule 26.4, Appendix-Six of the Secondary Schools Code-2006 does not permit to make correction in the entries in respect of caste in the school record after pupil has left the school. According to the petitioner, reasons recorded by both the authorities for turning down his claim are erroneous and against the provisions of Secondary Schools Code, 2006. Rule 26.4 of the Secondary Schools Code, 2006 prescribe that application for change or correction of date of birth, name, surname, caste etc., as entered in the General Register shall be entertained from or on behalf of a pupil who is attending a school. It further provide that such application shall not be entertained from or on behalf of a pupil, who has left the school, as the same amounts not only to a change in the entries in the General Register but also to a change in the School Leaving Certificate. It has been further prescribed that, however, for the purposes like an admission to another educational institution the School Leaving certificate is relied upon as an evidence for name, surname, caste, date of birth etc., and in bonafide cases where wrong spelling of a word or an obvious mistake of the type mentioned in sub-rule 3 above is noticed any time after issue of the School Leaving Certificate and the same is required to be corrected so as to be consistent with the corresponding entries in the General Register of the school or those in the School Leaving Certificate issued by the previous school, such applications shall be entertained. The procedure to be followed in such cases is laid down in Appendix Six.</p><p style="text-align: justify;"> 4. Rule 26.4 of the Secondary Schools Code, 2006 has been interpreted by the Division Bench of this Court in the matter of Shaikh Shafi Ahmed Khadarsab vs. The State of Maharashtra and others in Writ Petition No. 1138 of 2009 decided on 13<sup>th</sup> March, 2012. In paragraph-11 of the judgment cited supra, the Division Bench of this Court has observed thus:</p><p style="text-align: justify;"> "11. For all these reasons, we hold that the instructions contained in para 26.4 of the S.S.Code that an application for change of an entry in the General Register of a school shall be entertained only on behalf of the pupil who is attending the school meaning thereby that it shall not be entertained on behalf of the pupil who has left the school, are directory and not mandatory. In our view, such an application can be entertained even after the pupil has left the school, provided the application is bona-fide and the pupil is able to satisfy that the original entry in the General Register of the school is erroneous. The application can be rejected if the entry is not shown to be erroneous and wrong. It, however, cannot be rejected without it being considered on merits, only on the technical ground that the application has been made after the pupil has left the school."</p><p style="text-align: justify;"> 5. Appendix Six of the Secondary Schools Code, 2006 lays down the procedure in respect of making correction and change in names, surnames, caste/sub-caste, date of birth etc., Paragraph Nos.12 to 15 of Appendix Six reads thus:</p><p style="text-align: justify;"> "<strong>Change in Caste or Sub-Caste (in respect of B.C. pupils only):</strong></p><p style="text-align: justify;"> (12) For making changes in caste or sub-caste of Backward Class pupils the guardian of the pupil shall make an application in Form No. 3 accompanying these rules.</p><p style="text-align: justify;"> (13) Permission may be given to change the entries in the General Register of the school in respect of "caste" or "sub-caste" of Backward Class pupils in the following circumstances.</p><p style="text-align: justify;"> (i) due to wrong entries made initially;</p><p style="text-align: justify;"> (ii) due to change in religion;</p><p style="text-align: justify;"> (iii) if the caste previously treated as non-backward was subsequently declared by Government as Backward or vice-versa.</p><p style="text-align: justify;"> (iv) due to adoption;</p><p style="text-align: justify;"> (v) due to inter-caste or inter-religion marriage;</p><p style="text-align: justify;"> (14) For this purpose, the necessary certificates from the following authorities must accompany the application for change of caste or sub-caste:</p><p style="text-align: justify;"> <strong>(a) For Reasons</strong>, (i),(ii) and (iii) above:</p><p style="text-align: justify;"> In Greater Bombay (a) The Chief Presidency Magistrate or the Presidency Magistrate authorised by him;</p><p style="text-align: justify;"> Or</p><p style="text-align: justify;"> (b) Justice of Peace; or (Deleted)</p><p style="text-align: justify;"> (c) Social, Welfare Officer, Greater Bombay, Bombay.</p><p style="text-align: justify;"> In other areas (d) The District Magistrates or Executive Magistrates authorized by them;</p><p style="text-align: justify;"> or</p><p style="text-align: justify;"> (e) Honorary Magistrates; or (Deleted)</p><p style="text-align: justify;"> (f) The Social Welfare Officer of the district concerned.</p><p style="text-align: justify;"> (<strong>b) Due to adoption </strong>:</p><p style="text-align: justify;"> The original adoption-deed or a certified copy of that deed or a certificate from stipendiary Magistrate showing the change in name (if any) and the caste or sub-caste changed as a result of adoption should accompany the application for change in caste or sub-caste.</p><p style="text-align: justify;"> <strong>(c) Due to inter-caste or inter-religion marriage </strong>:</p><p style="text-align: justify;"> A declaration by the parent or guardian attested by two witnesses and the student himself/herself or certified copy of the certificate of registration of marriage should accompany the application for change in caste or sub-caste along with the certificate from the concerned competent authority mentioned in (a) above showing that the caste or sub-caste has changed as a result of the marriage.</p><p style="text-align: justify;"> <strong>(d) Due to any other reason </strong>:</p><p style="text-align: justify;"> An affidavit made before a stipendiary Magistrate by the parent or guardian should accompany the application for change in caste of sub-caste.</p><p style="text-align: justify;"> <strong>N.B</strong>.: The term "Backward Class" means and includes the following categories.</p><table border="1" cellpadding="0" cellspacing="0"><tbody><tr><td style="width: 43px">1<td style="width: 251px">Scheduled castes and Schedule Caste converts to Buddhism.<td style="width: 282px">As per Scheduled Castes and Scheduled Tribes Lists Modification Order, 1956, as adopted for Maharashtra State.</tr><tr><td style="width: 43px">2<td style="width: 251px">Scheduled Tribes including those outside specified areas.<td style="width: 282px">Vide Part VII-A of the Seventh and Eighth Schedule of the Bombay Reorganisation Act, 1960 and orders issued by Government in this behalf from time to time.</tr><tr><td style="width: 43px">3<td style="width: 251px">DenotifiedTribes and Nomadic Tribes.<td style="width: 282px">As per Government Resolution, Education and Social Welfare Deptt. No. CBC. 1361-M, dated 21<sup>st</sup> November 1961 and Government from time to time.</tr><tr><td style="width: 43px">4<td style="width: 251px">Other Classes.<td style="width: 282px">Backward Castes which have been declared as belonging to the other Backward Classes by Government from time to time.</tr></tbody></table><strong>General</strong>:-<p style="text-align: justify;"> (Please also see Annexure 36).</p><p style="text-align: justify;"> 15. An appeal against the decision of the Educational Inspector, Greater Bombay or as the case may be, the Education Officer, Zilla Parishad concerned, who has not sanctioned the change shall be submitted to the Deputy Director concerned within 30 days of the receipt of the order."</p><p style="text-align: justify;"> 6. On fulfillment of requirements laid down under Appendix Six, the application tendered for effecting change in the entries recorded in school record can be entertained. Respondents were therefore not justified in turning down the application tendered by the petitioner on the ground that the entries recorded in the school record cannot be corrected after pupil has left school. The petition, therefore, deserves to be allowed and Education Officer (Primary), Zilla Parishad, Osmanabad is required to be directed to consider the application tendered by the petitioner to the school authorities and which has been forwarded to the Education Officer (Primary), Zilla Parishad, Osmanabad, in accordance with provisions of Secondary Schools Code, 2006. The orders passed by respondent Nos. 2 and 3 impugned in this petition, are quashed and set aside and the matter is remitted back to the Education Officer (Primary), Zilla Parishad, Osmanabad for reconsideration. The Education Officer (Primary), Zilla Parishad, Osmanabad shall proceed to take decision on the application in accordance with provisions of Secondary Schools Code, 2006 and the observations made in this judgment. The petitioner shall cause appearance before the Education Officer (Primary), Zilla Parishad, Osmanabad on 29th October, 2012 and as such, no separate notice requiring petitioner's appearance before respondent No. 3 shall be essential. Respondent No. 3 shall decide the application, as expeditiously as possible, preferably within eight (8) weeks from date of appearance of petitioner before him. Rule is accordingly made absolute. No order as to costs.</p><p style="text-align: justify;"> 7. Pending civil application, if any, does not survive, same stands disposed of.</p>',
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		'judgement' => '<p><strong>Oral Judgment : [ R.M. Borde, J.]</strong><p> Rule. Rule made returnable forthwith.</p><p> With consent of the parties, the petition is taken up for final disposal at admission stage.</p><p> 2. The petitioner claims to be belonging to Bhavsar Kshetriya caste which is included in Other Backward Class category. The petitioner is serving as Conductor in Maharashtra State Road Transport Corporation. The school record of the petitioner records caste as 'Hindu Maratha'. According to the petitioner, while securing admission in school, his father has erroneously recorded the entry as 'Hindu Maratha'. He further contends that old record pertaining to his father, uncle and other near relatives show that they belong to 'Bhavsar Kehstriya caste'. The petitioner has also been issued caste certificate by the competent authority. The son of the petitioner has also been issued caste certificate by the competent authority certifying that he belongs to 'Bhavsar Kshetriya caste' and his caste claim has been validated by the competent Committee. The petitioner, therefore, tendered application to school where he was studying for onward transmission to the Education Officer (Primary), Zilla Parishad, Osmanabad for issuing directions for affecting necessary corrections. The school authority forwarded the application with favourable recommendation to the Education Officer. The Education Officer (Primary) by his order dated 1st November, 2011 was pleased to reject the application recording that since the petitioner has left the school, the application is not maintainable.</p><p> 3. The petitioner tendered appeal to the Deputy Director of Education, Latur Division, Latur,which was heard and disposed of by Deputy Director of Education, Latur Division, Latur on 30th January, 2012 and appeal came to be dismissed. The appellate authority has recorded in the order that rule 26.4, Appendix-Six of the Secondary Schools Code-2006 does not permit to make correction in the entries in respect of caste in the school record after pupil has left the school. According to the petitioner, reasons recorded by both the authorities for turning down his claim are erroneous and against the provisions of Secondary Schools Code, 2006. Rule 26.4 of the Secondary Schools Code, 2006 prescribe that application for change or correction of date of birth, name, surname, caste etc., as entered in the General Register shall be entertained from or on behalf of a pupil who is attending a school. It further provide that such application shall not be entertained from or on behalf of a pupil, who has left the school, as the same amounts not only to a change in the entries in the General Register but also to a change in the School Leaving Certificate. It has been further prescribed that, however, for the purposes like an admission to another educational institution the School Leaving certificate is relied upon as an evidence for name, surname, caste, date of birth etc., and in bonafide cases where wrong spelling of a word or an obvious mistake of the type mentioned in sub-rule 3 above is noticed any time after issue of the School Leaving Certificate and the same is required to be corrected so as to be consistent with the corresponding entries in the General Register of the school or those in the School Leaving Certificate issued by the previous school, such applications shall be entertained. The procedure to be followed in such cases is laid down in Appendix Six.</p><p> 4. Rule 26.4 of the Secondary Schools Code, 2006 has been interpreted by the Division Bench of this Court in the matter of Shaikh Shafi Ahmed Khadarsab vs. The State of Maharashtra and others in Writ Petition No. 1138 of 2009 decided on 13<sup>th</sup> March, 2012. In paragraph-11 of the judgment cited supra, the Division Bench of this Court has observed thus:</p><p> "11. For all these reasons, we hold that the instructions contained in para 26.4 of the S.S.Code that an application for change of an entry in the General Register of a school shall be entertained only on behalf of the pupil who is attending the school meaning thereby that it shall not be entertained on behalf of the pupil who has left the school, are directory and not mandatory. In our view, such an application can be entertained even after the pupil has left the school, provided the application is bona-fide and the pupil is able to satisfy that the original entry in the General Register of the school is erroneous. The application can be rejected if the entry is not shown to be erroneous and wrong. It, however, cannot be rejected without it being considered on merits, only on the technical ground that the application has been made after the pupil has left the school."</p><p> 5. Appendix Six of the Secondary Schools Code, 2006 lays down the procedure in respect of making correction and change in names, surnames, caste/sub-caste, date of birth etc., Paragraph Nos.12 to 15 of Appendix Six reads thus:</p><p> "<strong>Change in Caste or Sub-Caste (in respect of B.C. pupils only):</strong></p><p> (12) For making changes in caste or sub-caste of Backward Class pupils the guardian of the pupil shall make an application in Form No. 3 accompanying these rules.</p><p> (13) Permission may be given to change the entries in the General Register of the school in respect of "caste" or "sub-caste" of Backward Class pupils in the following circumstances.</p><p> (i) due to wrong entries made initially;</p><p> (ii) due to change in religion;</p><p> (iii) if the caste previously treated as non-backward was subsequently declared by Government as Backward or vice-versa.</p><p> (iv) due to adoption;</p><p> (v) due to inter-caste or inter-religion marriage;</p><p> (14) For this purpose, the necessary certificates from the following authorities must accompany the application for change of caste or sub-caste:</p><p> <strong>(a) For Reasons</strong>, (i),(ii) and (iii) above:</p><p> In Greater Bombay (a) The Chief Presidency Magistrate or the Presidency Magistrate authorised by him;</p><p> Or</p><p> (b) Justice of Peace; or (Deleted)</p><p> (c) Social, Welfare Officer, Greater Bombay, Bombay.</p><p> In other areas (d) The District Magistrates or Executive Magistrates authorized by them;</p><p> or</p><p> (e) Honorary Magistrates; or (Deleted)</p><p> (f) The Social Welfare Officer of the district concerned.</p><p> (<strong>b) Due to adoption </strong>:</p><p> The original adoption-deed or a certified copy of that deed or a certificate from stipendiary Magistrate showing the change in name (if any) and the caste or sub-caste changed as a result of adoption should accompany the application for change in caste or sub-caste.</p><p> <strong>(c) Due to inter-caste or inter-religion marriage </strong>:</p><p> A declaration by the parent or guardian attested by two witnesses and the student himself/herself or certified copy of the certificate of registration of marriage should accompany the application for change in caste or sub-caste along with the certificate from the concerned competent authority mentioned in (a) above showing that the caste or sub-caste has changed as a result of the marriage.</p><p> <strong>(d) Due to any other reason </strong>:</p><p> An affidavit made before a stipendiary Magistrate by the parent or guardian should accompany the application for change in caste of sub-caste.</p><p> <strong>N.B</strong>.: The term "Backward Class" means and includes the following categories.</p><table><tbody><tr><td>1<td>Scheduled castes and Schedule Caste converts to Buddhism.<td>As per Scheduled Castes and Scheduled Tribes Lists Modification Order, 1956, as adopted for Maharashtra State.</tr><tr><td>2<td>Scheduled Tribes including those outside specified areas.<td>Vide Part VII-A of the Seventh and Eighth Schedule of the Bombay Reorganisation Act, 1960 and orders issued by Government in this behalf from time to time.</tr><tr><td>3<td>DenotifiedTribes and Nomadic Tribes.<td>As per Government Resolution, Education and Social Welfare Deptt. No. CBC. 1361-M, dated 21<sup>st</sup> November 1961 and Government from time to time.</tr><tr><td>4<td>Other Classes.<td>Backward Castes which have been declared as belonging to the other Backward Classes by Government from time to time.</tr></tbody></table><strong>General</strong>:-<p> (Please also see Annexure 36).</p><p> 15. An appeal against the decision of the Educational Inspector, Greater Bombay or as the case may be, the Education Officer, Zilla Parishad concerned, who has not sanctioned the change shall be submitted to the Deputy Director concerned within 30 days of the receipt of the order."</p><p> 6. On fulfillment of requirements laid down under Appendix Six, the application tendered for effecting change in the entries recorded in school record can be entertained. Respondents were therefore not justified in turning down the application tendered by the petitioner on the ground that the entries recorded in the school record cannot be corrected after pupil has left school. The petition, therefore, deserves to be allowed and Education Officer (Primary), Zilla Parishad, Osmanabad is required to be directed to consider the application tendered by the petitioner to the school authorities and which has been forwarded to the Education Officer (Primary), Zilla Parishad, Osmanabad, in accordance with provisions of Secondary Schools Code, 2006. The orders passed by respondent Nos. 2 and 3 impugned in this petition, are quashed and set aside and the matter is remitted back to the Education Officer (Primary), Zilla Parishad, Osmanabad for reconsideration. The Education Officer (Primary), Zilla Parishad, Osmanabad shall proceed to take decision on the application in accordance with provisions of Secondary Schools Code, 2006 and the observations made in this judgment. The petitioner shall cause appearance before the Education Officer (Primary), Zilla Parishad, Osmanabad on 29th October, 2012 and as such, no separate notice requiring petitioner's appearance before respondent No. 3 shall be essential. Respondent No. 3 shall decide the application, as expeditiously as possible, preferably within eight (8) weeks from date of appearance of petitioner before him. Rule is accordingly made absolute. No order as to costs.</p><p> 7. Pending civil application, if any, does not survive, same stands disposed of.</p>',
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	(int) 1 => '<p> With consent of the parties, the petition is taken up for final disposal at admission stage.',
	(int) 2 => '<p> 2. The petitioner claims to be belonging to Bhavsar Kshetriya caste which is included in Other Backward Class category. The petitioner is serving as Conductor in Maharashtra State Road Transport Corporation. The school record of the petitioner records caste as 'Hindu Maratha'. According to the petitioner, while securing admission in school, his father has erroneously recorded the entry as 'Hindu Maratha'. He further contends that old record pertaining to his father, uncle and other near relatives show that they belong to 'Bhavsar Kehstriya caste'. The petitioner has also been issued caste certificate by the competent authority. The son of the petitioner has also been issued caste certificate by the competent authority certifying that he belongs to 'Bhavsar Kshetriya caste' and his caste claim has been validated by the competent Committee. The petitioner, therefore, tendered application to school where he was studying for onward transmission to the Education Officer (Primary), Zilla Parishad, Osmanabad for issuing directions for affecting necessary corrections. The school authority forwarded the application with favourable recommendation to the Education Officer. The Education Officer (Primary) by his order dated 1st November, 2011 was pleased to reject the application recording that since the petitioner has left the school, the application is not maintainable.',
	(int) 3 => '<p> 3. The petitioner tendered appeal to the Deputy Director of Education, Latur Division, Latur,which was heard and disposed of by Deputy Director of Education, Latur Division, Latur on 30th January, 2012 and appeal came to be dismissed. The appellate authority has recorded in the order that rule 26.4, Appendix-Six of the Secondary Schools Code-2006 does not permit to make correction in the entries in respect of caste in the school record after pupil has left the school. According to the petitioner, reasons recorded by both the authorities for turning down his claim are erroneous and against the provisions of Secondary Schools Code, 2006. Rule 26.4 of the Secondary Schools Code, 2006 prescribe that application for change or correction of date of birth, name, surname, caste etc., as entered in the General Register shall be entertained from or on behalf of a pupil who is attending a school. It further provide that such application shall not be entertained from or on behalf of a pupil, who has left the school, as the same amounts not only to a change in the entries in the General Register but also to a change in the School Leaving Certificate. It has been further prescribed that, however, for the purposes like an admission to another educational institution the School Leaving certificate is relied upon as an evidence for name, surname, caste, date of birth etc., and in bonafide cases where wrong spelling of a word or an obvious mistake of the type mentioned in sub-rule 3 above is noticed any time after issue of the School Leaving Certificate and the same is required to be corrected so as to be consistent with the corresponding entries in the General Register of the school or those in the School Leaving Certificate issued by the previous school, such applications shall be entertained. The procedure to be followed in such cases is laid down in Appendix Six.',
	(int) 4 => '<p> 4. Rule 26.4 of the Secondary Schools Code, 2006 has been interpreted by the Division Bench of this Court in the matter of Shaikh Shafi Ahmed Khadarsab vs. The State of Maharashtra and others in Writ Petition No. 1138 of 2009 decided on 13<sup>th</sup> March, 2012. In paragraph-11 of the judgment cited supra, the Division Bench of this Court has observed thus:',
	(int) 5 => '<p> "11. For all these reasons, we hold that the instructions contained in para 26.4 of the S.S.Code that an application for change of an entry in the General Register of a school shall be entertained only on behalf of the pupil who is attending the school meaning thereby that it shall not be entertained on behalf of the pupil who has left the school, are directory and not mandatory. In our view, such an application can be entertained even after the pupil has left the school, provided the application is bona-fide and the pupil is able to satisfy that the original entry in the General Register of the school is erroneous. The application can be rejected if the entry is not shown to be erroneous and wrong. It, however, cannot be rejected without it being considered on merits, only on the technical ground that the application has been made after the pupil has left the school."',
	(int) 6 => '<p> 5. Appendix Six of the Secondary Schools Code, 2006 lays down the procedure in respect of making correction and change in names, surnames, caste/sub-caste, date of birth etc., Paragraph Nos.12 to 15 of Appendix Six reads thus:',
	(int) 7 => '<p> "<strong>Change in Caste or Sub-Caste (in respect of B.C. pupils only):</strong>',
	(int) 8 => '<p> (12) For making changes in caste or sub-caste of Backward Class pupils the guardian of the pupil shall make an application in Form No. 3 accompanying these rules.',
	(int) 9 => '<p> (13) Permission may be given to change the entries in the General Register of the school in respect of "caste" or "sub-caste" of Backward Class pupils in the following circumstances.',
	(int) 10 => '<p> (i) due to wrong entries made initially;',
	(int) 11 => '<p> (ii) due to change in religion;',
	(int) 12 => '<p> (iii) if the caste previously treated as non-backward was subsequently declared by Government as Backward or vice-versa.',
	(int) 13 => '<p> (iv) due to adoption;',
	(int) 14 => '<p> (v) due to inter-caste or inter-religion marriage;',
	(int) 15 => '<p> (14) For this purpose, the necessary certificates from the following authorities must accompany the application for change of caste or sub-caste:',
	(int) 16 => '<p> <strong>(a) For Reasons</strong>, (i),(ii) and (iii) above:',
	(int) 17 => '<p> In Greater Bombay (a) The Chief Presidency Magistrate or the Presidency Magistrate authorised by him;',
	(int) 18 => '<p> Or',
	(int) 19 => '<p> (b) Justice of Peace; or (Deleted)',
	(int) 20 => '<p> (c) Social, Welfare Officer, Greater Bombay, Bombay.',
	(int) 21 => '<p> In other areas (d) The District Magistrates or Executive Magistrates authorized by them;',
	(int) 22 => '<p> or',
	(int) 23 => '<p> (e) Honorary Magistrates; or (Deleted)',
	(int) 24 => '<p> (f) The Social Welfare Officer of the district concerned.',
	(int) 25 => '<p> (<strong>b) Due to adoption </strong>:',
	(int) 26 => '<p> The original adoption-deed or a certified copy of that deed or a certificate from stipendiary Magistrate showing the change in name (if any) and the caste or sub-caste changed as a result of adoption should accompany the application for change in caste or sub-caste.',
	(int) 27 => '<p> <strong>(c) Due to inter-caste or inter-religion marriage </strong>:',
	(int) 28 => '<p> A declaration by the parent or guardian attested by two witnesses and the student himself/herself or certified copy of the certificate of registration of marriage should accompany the application for change in caste or sub-caste along with the certificate from the concerned competent authority mentioned in (a) above showing that the caste or sub-caste has changed as a result of the marriage.',
	(int) 29 => '<p> <strong>(d) Due to any other reason </strong>:',
	(int) 30 => '<p> An affidavit made before a stipendiary Magistrate by the parent or guardian should accompany the application for change in caste of sub-caste.',
	(int) 31 => '<p> <strong>N.B</strong>.: The term "Backward Class" means and includes the following categories.',
	(int) 32 => '<table><tbody><tr><td>1<td>Scheduled castes and Schedule Caste converts to Buddhism.<td>As per Scheduled Castes and Scheduled Tribes Lists Modification Order, 1956, as adopted for Maharashtra State.</tr><tr><td>2<td>Scheduled Tribes including those outside specified areas.<td>Vide Part VII-A of the Seventh and Eighth Schedule of the Bombay Reorganisation Act, 1960 and orders issued by Government in this behalf from time to time.</tr><tr><td>3<td>DenotifiedTribes and Nomadic Tribes.<td>As per Government Resolution, Education and Social Welfare Deptt. No. CBC. 1361-M, dated 21<sup>st</sup> November 1961 and Government from time to time.</tr><tr><td>4<td>Other Classes.<td>Backward Castes which have been declared as belonging to the other Backward Classes by Government from time to time.</tr></tbody></table><strong>General</strong>:-<p> (Please also see Annexure 36).',
	(int) 33 => '<p> 15. An appeal against the decision of the Educational Inspector, Greater Bombay or as the case may be, the Education Officer, Zilla Parishad concerned, who has not sanctioned the change shall be submitted to the Deputy Director concerned within 30 days of the receipt of the order."',
	(int) 34 => '<p> 6. On fulfillment of requirements laid down under Appendix Six, the application tendered for effecting change in the entries recorded in school record can be entertained. Respondents were therefore not justified in turning down the application tendered by the petitioner on the ground that the entries recorded in the school record cannot be corrected after pupil has left school. The petition, therefore, deserves to be allowed and Education Officer (Primary), Zilla Parishad, Osmanabad is required to be directed to consider the application tendered by the petitioner to the school authorities and which has been forwarded to the Education Officer (Primary), Zilla Parishad, Osmanabad, in accordance with provisions of Secondary Schools Code, 2006. The orders passed by respondent Nos. 2 and 3 impugned in this petition, are quashed and set aside and the matter is remitted back to the Education Officer (Primary), Zilla Parishad, Osmanabad for reconsideration. The Education Officer (Primary), Zilla Parishad, Osmanabad shall proceed to take decision on the application in accordance with provisions of Secondary Schools Code, 2006 and the observations made in this judgment. The petitioner shall cause appearance before the Education Officer (Primary), Zilla Parishad, Osmanabad on 29th October, 2012 and as such, no separate notice requiring petitioner's appearance before respondent No. 3 shall be essential. Respondent No. 3 shall decide the application, as expeditiously as possible, preferably within eight (8) weeks from date of appearance of petitioner before him. Rule is accordingly made absolute. No order as to costs.',
	(int) 35 => '<p> 7. Pending civil application, if any, does not survive, same stands disposed of.',
	(int) 36 => ''
)
$paragraphAfter = (int) 1
$cnt = (int) 37
$i = (int) 31
include - APP/View/Case/amp.ctp, line 144
View::_evaluate() - CORE/Cake/View/View.php, line 971
View::_render() - CORE/Cake/View/View.php, line 933
View::render() - CORE/Cake/View/View.php, line 473
Controller::render() - CORE/Cake/Controller/Controller.php, line 963
Dispatcher::_invoke() - CORE/Cake/Routing/Dispatcher.php, line 200
Dispatcher::dispatch() - CORE/Cake/Routing/Dispatcher.php, line 167
[main] - APP/webroot/index.php, line 109

N.B.: The term "Backward Class" means and includes the following categories.

Notice (8): Undefined variable: query [APP/View/Case/amp.ctp, line 144]
Code Context
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                                        echo html_entity_decode($this->Wand->highlight($content[$i], $query));
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	'title_for_layout' => 'Vilas S O Dattatraya Ransubhe Vs the State of Maharashtra Through the Secretary School Education and Sports Department and Others - Citation 1105404 - Court Judgment | ',
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		'Judgement' => array(
			'id' => '1105404',
			'acts' => null,
			'appealno' => 'Writ Petition No.3266 of 2012 ',
			'appellant' => 'Vilas S/O Dattatraya Ransubhe',
			'authreffered' => null,
			'casename' => 'Vilas S/O Dattatraya Ransubhe Vs. the State of Maharashtra, Through the Secretary, School Education and Sports Department and Others',
			'casenote' => '',
			'caseanalysis' => null,
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			'court' => 'Mumbai Aurangabad',
			'court_type' => 'HC',
			'decidedon' => '2012-10-08',
			'deposition' => null,
			'favorof' => null,
			'findings' => null,
			'judge' => 'R.M. BORDE & S.S. SHINDE',
			'judgement' => '<p style="text-align: justify;"><strong>Oral Judgment : [ R.M. Borde, J.]</strong><p style="text-align: justify;"> Rule. Rule made returnable forthwith.</p><p style="text-align: justify;"> With consent of the parties, the petition is taken up for final disposal at admission stage.</p><p style="text-align: justify;"> 2. The petitioner claims to be belonging to Bhavsar Kshetriya caste which is included in Other Backward Class category. The petitioner is serving as Conductor in Maharashtra State Road Transport Corporation. The school record of the petitioner records caste as 'Hindu Maratha'. According to the petitioner, while securing admission in school, his father has erroneously recorded the entry as 'Hindu Maratha'. He further contends that old record pertaining to his father, uncle and other near relatives show that they belong to 'Bhavsar Kehstriya caste'. The petitioner has also been issued caste certificate by the competent authority. The son of the petitioner has also been issued caste certificate by the competent authority certifying that he belongs to 'Bhavsar Kshetriya caste' and his caste claim has been validated by the competent Committee. The petitioner, therefore, tendered application to school where he was studying for onward transmission to the Education Officer (Primary), Zilla Parishad, Osmanabad for issuing directions for affecting necessary corrections. The school authority forwarded the application with favourable recommendation to the Education Officer. The Education Officer (Primary) by his order dated 1st November, 2011 was pleased to reject the application recording that since the petitioner has left the school, the application is not maintainable.</p><p style="text-align: justify;"> 3. The petitioner tendered appeal to the Deputy Director of Education, Latur Division, Latur,which was heard and disposed of by Deputy Director of Education, Latur Division, Latur on 30th January, 2012 and appeal came to be dismissed. The appellate authority has recorded in the order that rule 26.4, Appendix-Six of the Secondary Schools Code-2006 does not permit to make correction in the entries in respect of caste in the school record after pupil has left the school. According to the petitioner, reasons recorded by both the authorities for turning down his claim are erroneous and against the provisions of Secondary Schools Code, 2006. Rule 26.4 of the Secondary Schools Code, 2006 prescribe that application for change or correction of date of birth, name, surname, caste etc., as entered in the General Register shall be entertained from or on behalf of a pupil who is attending a school. It further provide that such application shall not be entertained from or on behalf of a pupil, who has left the school, as the same amounts not only to a change in the entries in the General Register but also to a change in the School Leaving Certificate. It has been further prescribed that, however, for the purposes like an admission to another educational institution the School Leaving certificate is relied upon as an evidence for name, surname, caste, date of birth etc., and in bonafide cases where wrong spelling of a word or an obvious mistake of the type mentioned in sub-rule 3 above is noticed any time after issue of the School Leaving Certificate and the same is required to be corrected so as to be consistent with the corresponding entries in the General Register of the school or those in the School Leaving Certificate issued by the previous school, such applications shall be entertained. The procedure to be followed in such cases is laid down in Appendix Six.</p><p style="text-align: justify;"> 4. Rule 26.4 of the Secondary Schools Code, 2006 has been interpreted by the Division Bench of this Court in the matter of Shaikh Shafi Ahmed Khadarsab vs. The State of Maharashtra and others in Writ Petition No. 1138 of 2009 decided on 13<sup>th</sup> March, 2012. In paragraph-11 of the judgment cited supra, the Division Bench of this Court has observed thus:</p><p style="text-align: justify;"> "11. For all these reasons, we hold that the instructions contained in para 26.4 of the S.S.Code that an application for change of an entry in the General Register of a school shall be entertained only on behalf of the pupil who is attending the school meaning thereby that it shall not be entertained on behalf of the pupil who has left the school, are directory and not mandatory. In our view, such an application can be entertained even after the pupil has left the school, provided the application is bona-fide and the pupil is able to satisfy that the original entry in the General Register of the school is erroneous. The application can be rejected if the entry is not shown to be erroneous and wrong. It, however, cannot be rejected without it being considered on merits, only on the technical ground that the application has been made after the pupil has left the school."</p><p style="text-align: justify;"> 5. Appendix Six of the Secondary Schools Code, 2006 lays down the procedure in respect of making correction and change in names, surnames, caste/sub-caste, date of birth etc., Paragraph Nos.12 to 15 of Appendix Six reads thus:</p><p style="text-align: justify;"> "<strong>Change in Caste or Sub-Caste (in respect of B.C. pupils only):</strong></p><p style="text-align: justify;"> (12) For making changes in caste or sub-caste of Backward Class pupils the guardian of the pupil shall make an application in Form No. 3 accompanying these rules.</p><p style="text-align: justify;"> (13) Permission may be given to change the entries in the General Register of the school in respect of "caste" or "sub-caste" of Backward Class pupils in the following circumstances.</p><p style="text-align: justify;"> (i) due to wrong entries made initially;</p><p style="text-align: justify;"> (ii) due to change in religion;</p><p style="text-align: justify;"> (iii) if the caste previously treated as non-backward was subsequently declared by Government as Backward or vice-versa.</p><p style="text-align: justify;"> (iv) due to adoption;</p><p style="text-align: justify;"> (v) due to inter-caste or inter-religion marriage;</p><p style="text-align: justify;"> (14) For this purpose, the necessary certificates from the following authorities must accompany the application for change of caste or sub-caste:</p><p style="text-align: justify;"> <strong>(a) For Reasons</strong>, (i),(ii) and (iii) above:</p><p style="text-align: justify;"> In Greater Bombay (a) The Chief Presidency Magistrate or the Presidency Magistrate authorised by him;</p><p style="text-align: justify;"> Or</p><p style="text-align: justify;"> (b) Justice of Peace; or (Deleted)</p><p style="text-align: justify;"> (c) Social, Welfare Officer, Greater Bombay, Bombay.</p><p style="text-align: justify;"> In other areas (d) The District Magistrates or Executive Magistrates authorized by them;</p><p style="text-align: justify;"> or</p><p style="text-align: justify;"> (e) Honorary Magistrates; or (Deleted)</p><p style="text-align: justify;"> (f) The Social Welfare Officer of the district concerned.</p><p style="text-align: justify;"> (<strong>b) Due to adoption </strong>:</p><p style="text-align: justify;"> The original adoption-deed or a certified copy of that deed or a certificate from stipendiary Magistrate showing the change in name (if any) and the caste or sub-caste changed as a result of adoption should accompany the application for change in caste or sub-caste.</p><p style="text-align: justify;"> <strong>(c) Due to inter-caste or inter-religion marriage </strong>:</p><p style="text-align: justify;"> A declaration by the parent or guardian attested by two witnesses and the student himself/herself or certified copy of the certificate of registration of marriage should accompany the application for change in caste or sub-caste along with the certificate from the concerned competent authority mentioned in (a) above showing that the caste or sub-caste has changed as a result of the marriage.</p><p style="text-align: justify;"> <strong>(d) Due to any other reason </strong>:</p><p style="text-align: justify;"> An affidavit made before a stipendiary Magistrate by the parent or guardian should accompany the application for change in caste of sub-caste.</p><p style="text-align: justify;"> <strong>N.B</strong>.: The term "Backward Class" means and includes the following categories.</p><table border="1" cellpadding="0" cellspacing="0"><tbody><tr><td style="width: 43px">1<td style="width: 251px">Scheduled castes and Schedule Caste converts to Buddhism.<td style="width: 282px">As per Scheduled Castes and Scheduled Tribes Lists Modification Order, 1956, as adopted for Maharashtra State.</tr><tr><td style="width: 43px">2<td style="width: 251px">Scheduled Tribes including those outside specified areas.<td style="width: 282px">Vide Part VII-A of the Seventh and Eighth Schedule of the Bombay Reorganisation Act, 1960 and orders issued by Government in this behalf from time to time.</tr><tr><td style="width: 43px">3<td style="width: 251px">DenotifiedTribes and Nomadic Tribes.<td style="width: 282px">As per Government Resolution, Education and Social Welfare Deptt. No. CBC. 1361-M, dated 21<sup>st</sup> November 1961 and Government from time to time.</tr><tr><td style="width: 43px">4<td style="width: 251px">Other Classes.<td style="width: 282px">Backward Castes which have been declared as belonging to the other Backward Classes by Government from time to time.</tr></tbody></table><strong>General</strong>:-<p style="text-align: justify;"> (Please also see Annexure 36).</p><p style="text-align: justify;"> 15. An appeal against the decision of the Educational Inspector, Greater Bombay or as the case may be, the Education Officer, Zilla Parishad concerned, who has not sanctioned the change shall be submitted to the Deputy Director concerned within 30 days of the receipt of the order."</p><p style="text-align: justify;"> 6. On fulfillment of requirements laid down under Appendix Six, the application tendered for effecting change in the entries recorded in school record can be entertained. Respondents were therefore not justified in turning down the application tendered by the petitioner on the ground that the entries recorded in the school record cannot be corrected after pupil has left school. The petition, therefore, deserves to be allowed and Education Officer (Primary), Zilla Parishad, Osmanabad is required to be directed to consider the application tendered by the petitioner to the school authorities and which has been forwarded to the Education Officer (Primary), Zilla Parishad, Osmanabad, in accordance with provisions of Secondary Schools Code, 2006. The orders passed by respondent Nos. 2 and 3 impugned in this petition, are quashed and set aside and the matter is remitted back to the Education Officer (Primary), Zilla Parishad, Osmanabad for reconsideration. The Education Officer (Primary), Zilla Parishad, Osmanabad shall proceed to take decision on the application in accordance with provisions of Secondary Schools Code, 2006 and the observations made in this judgment. The petitioner shall cause appearance before the Education Officer (Primary), Zilla Parishad, Osmanabad on 29th October, 2012 and as such, no separate notice requiring petitioner's appearance before respondent No. 3 shall be essential. Respondent No. 3 shall decide the application, as expeditiously as possible, preferably within eight (8) weeks from date of appearance of petitioner before him. Rule is accordingly made absolute. No order as to costs.</p><p style="text-align: justify;"> 7. Pending civil application, if any, does not survive, same stands disposed of.</p>',
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		'id' => '1105404',
		'acts' => null,
		'appealno' => 'Writ Petition No.3266 of 2012 ',
		'appellant' => 'Vilas S/O Dattatraya Ransubhe',
		'authreffered' => null,
		'casename' => 'Vilas S/O Dattatraya Ransubhe Vs. the State of Maharashtra, Through the Secretary, School Education and Sports Department and Others',
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		'judgement' => '<p><strong>Oral Judgment : [ R.M. Borde, J.]</strong><p> Rule. Rule made returnable forthwith.</p><p> With consent of the parties, the petition is taken up for final disposal at admission stage.</p><p> 2. The petitioner claims to be belonging to Bhavsar Kshetriya caste which is included in Other Backward Class category. The petitioner is serving as Conductor in Maharashtra State Road Transport Corporation. The school record of the petitioner records caste as 'Hindu Maratha'. According to the petitioner, while securing admission in school, his father has erroneously recorded the entry as 'Hindu Maratha'. He further contends that old record pertaining to his father, uncle and other near relatives show that they belong to 'Bhavsar Kehstriya caste'. The petitioner has also been issued caste certificate by the competent authority. The son of the petitioner has also been issued caste certificate by the competent authority certifying that he belongs to 'Bhavsar Kshetriya caste' and his caste claim has been validated by the competent Committee. The petitioner, therefore, tendered application to school where he was studying for onward transmission to the Education Officer (Primary), Zilla Parishad, Osmanabad for issuing directions for affecting necessary corrections. The school authority forwarded the application with favourable recommendation to the Education Officer. The Education Officer (Primary) by his order dated 1st November, 2011 was pleased to reject the application recording that since the petitioner has left the school, the application is not maintainable.</p><p> 3. The petitioner tendered appeal to the Deputy Director of Education, Latur Division, Latur,which was heard and disposed of by Deputy Director of Education, Latur Division, Latur on 30th January, 2012 and appeal came to be dismissed. The appellate authority has recorded in the order that rule 26.4, Appendix-Six of the Secondary Schools Code-2006 does not permit to make correction in the entries in respect of caste in the school record after pupil has left the school. According to the petitioner, reasons recorded by both the authorities for turning down his claim are erroneous and against the provisions of Secondary Schools Code, 2006. Rule 26.4 of the Secondary Schools Code, 2006 prescribe that application for change or correction of date of birth, name, surname, caste etc., as entered in the General Register shall be entertained from or on behalf of a pupil who is attending a school. It further provide that such application shall not be entertained from or on behalf of a pupil, who has left the school, as the same amounts not only to a change in the entries in the General Register but also to a change in the School Leaving Certificate. It has been further prescribed that, however, for the purposes like an admission to another educational institution the School Leaving certificate is relied upon as an evidence for name, surname, caste, date of birth etc., and in bonafide cases where wrong spelling of a word or an obvious mistake of the type mentioned in sub-rule 3 above is noticed any time after issue of the School Leaving Certificate and the same is required to be corrected so as to be consistent with the corresponding entries in the General Register of the school or those in the School Leaving Certificate issued by the previous school, such applications shall be entertained. The procedure to be followed in such cases is laid down in Appendix Six.</p><p> 4. Rule 26.4 of the Secondary Schools Code, 2006 has been interpreted by the Division Bench of this Court in the matter of Shaikh Shafi Ahmed Khadarsab vs. The State of Maharashtra and others in Writ Petition No. 1138 of 2009 decided on 13<sup>th</sup> March, 2012. In paragraph-11 of the judgment cited supra, the Division Bench of this Court has observed thus:</p><p> "11. For all these reasons, we hold that the instructions contained in para 26.4 of the S.S.Code that an application for change of an entry in the General Register of a school shall be entertained only on behalf of the pupil who is attending the school meaning thereby that it shall not be entertained on behalf of the pupil who has left the school, are directory and not mandatory. In our view, such an application can be entertained even after the pupil has left the school, provided the application is bona-fide and the pupil is able to satisfy that the original entry in the General Register of the school is erroneous. The application can be rejected if the entry is not shown to be erroneous and wrong. It, however, cannot be rejected without it being considered on merits, only on the technical ground that the application has been made after the pupil has left the school."</p><p> 5. Appendix Six of the Secondary Schools Code, 2006 lays down the procedure in respect of making correction and change in names, surnames, caste/sub-caste, date of birth etc., Paragraph Nos.12 to 15 of Appendix Six reads thus:</p><p> "<strong>Change in Caste or Sub-Caste (in respect of B.C. pupils only):</strong></p><p> (12) For making changes in caste or sub-caste of Backward Class pupils the guardian of the pupil shall make an application in Form No. 3 accompanying these rules.</p><p> (13) Permission may be given to change the entries in the General Register of the school in respect of "caste" or "sub-caste" of Backward Class pupils in the following circumstances.</p><p> (i) due to wrong entries made initially;</p><p> (ii) due to change in religion;</p><p> (iii) if the caste previously treated as non-backward was subsequently declared by Government as Backward or vice-versa.</p><p> (iv) due to adoption;</p><p> (v) due to inter-caste or inter-religion marriage;</p><p> (14) For this purpose, the necessary certificates from the following authorities must accompany the application for change of caste or sub-caste:</p><p> <strong>(a) For Reasons</strong>, (i),(ii) and (iii) above:</p><p> In Greater Bombay (a) The Chief Presidency Magistrate or the Presidency Magistrate authorised by him;</p><p> Or</p><p> (b) Justice of Peace; or (Deleted)</p><p> (c) Social, Welfare Officer, Greater Bombay, Bombay.</p><p> In other areas (d) The District Magistrates or Executive Magistrates authorized by them;</p><p> or</p><p> (e) Honorary Magistrates; or (Deleted)</p><p> (f) The Social Welfare Officer of the district concerned.</p><p> (<strong>b) Due to adoption </strong>:</p><p> The original adoption-deed or a certified copy of that deed or a certificate from stipendiary Magistrate showing the change in name (if any) and the caste or sub-caste changed as a result of adoption should accompany the application for change in caste or sub-caste.</p><p> <strong>(c) Due to inter-caste or inter-religion marriage </strong>:</p><p> A declaration by the parent or guardian attested by two witnesses and the student himself/herself or certified copy of the certificate of registration of marriage should accompany the application for change in caste or sub-caste along with the certificate from the concerned competent authority mentioned in (a) above showing that the caste or sub-caste has changed as a result of the marriage.</p><p> <strong>(d) Due to any other reason </strong>:</p><p> An affidavit made before a stipendiary Magistrate by the parent or guardian should accompany the application for change in caste of sub-caste.</p><p> <strong>N.B</strong>.: The term "Backward Class" means and includes the following categories.</p><table><tbody><tr><td>1<td>Scheduled castes and Schedule Caste converts to Buddhism.<td>As per Scheduled Castes and Scheduled Tribes Lists Modification Order, 1956, as adopted for Maharashtra State.</tr><tr><td>2<td>Scheduled Tribes including those outside specified areas.<td>Vide Part VII-A of the Seventh and Eighth Schedule of the Bombay Reorganisation Act, 1960 and orders issued by Government in this behalf from time to time.</tr><tr><td>3<td>DenotifiedTribes and Nomadic Tribes.<td>As per Government Resolution, Education and Social Welfare Deptt. No. CBC. 1361-M, dated 21<sup>st</sup> November 1961 and Government from time to time.</tr><tr><td>4<td>Other Classes.<td>Backward Castes which have been declared as belonging to the other Backward Classes by Government from time to time.</tr></tbody></table><strong>General</strong>:-<p> (Please also see Annexure 36).</p><p> 15. An appeal against the decision of the Educational Inspector, Greater Bombay or as the case may be, the Education Officer, Zilla Parishad concerned, who has not sanctioned the change shall be submitted to the Deputy Director concerned within 30 days of the receipt of the order."</p><p> 6. On fulfillment of requirements laid down under Appendix Six, the application tendered for effecting change in the entries recorded in school record can be entertained. Respondents were therefore not justified in turning down the application tendered by the petitioner on the ground that the entries recorded in the school record cannot be corrected after pupil has left school. The petition, therefore, deserves to be allowed and Education Officer (Primary), Zilla Parishad, Osmanabad is required to be directed to consider the application tendered by the petitioner to the school authorities and which has been forwarded to the Education Officer (Primary), Zilla Parishad, Osmanabad, in accordance with provisions of Secondary Schools Code, 2006. The orders passed by respondent Nos. 2 and 3 impugned in this petition, are quashed and set aside and the matter is remitted back to the Education Officer (Primary), Zilla Parishad, Osmanabad for reconsideration. The Education Officer (Primary), Zilla Parishad, Osmanabad shall proceed to take decision on the application in accordance with provisions of Secondary Schools Code, 2006 and the observations made in this judgment. The petitioner shall cause appearance before the Education Officer (Primary), Zilla Parishad, Osmanabad on 29th October, 2012 and as such, no separate notice requiring petitioner's appearance before respondent No. 3 shall be essential. Respondent No. 3 shall decide the application, as expeditiously as possible, preferably within eight (8) weeks from date of appearance of petitioner before him. Rule is accordingly made absolute. No order as to costs.</p><p> 7. Pending civil application, if any, does not survive, same stands disposed of.</p>',
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	(int) 0 => '<p><strong>Oral Judgment : [ R.M. Borde, J.]</strong><p> Rule. Rule made returnable forthwith.',
	(int) 1 => '<p> With consent of the parties, the petition is taken up for final disposal at admission stage.',
	(int) 2 => '<p> 2. The petitioner claims to be belonging to Bhavsar Kshetriya caste which is included in Other Backward Class category. The petitioner is serving as Conductor in Maharashtra State Road Transport Corporation. The school record of the petitioner records caste as 'Hindu Maratha'. According to the petitioner, while securing admission in school, his father has erroneously recorded the entry as 'Hindu Maratha'. He further contends that old record pertaining to his father, uncle and other near relatives show that they belong to 'Bhavsar Kehstriya caste'. The petitioner has also been issued caste certificate by the competent authority. The son of the petitioner has also been issued caste certificate by the competent authority certifying that he belongs to 'Bhavsar Kshetriya caste' and his caste claim has been validated by the competent Committee. The petitioner, therefore, tendered application to school where he was studying for onward transmission to the Education Officer (Primary), Zilla Parishad, Osmanabad for issuing directions for affecting necessary corrections. The school authority forwarded the application with favourable recommendation to the Education Officer. The Education Officer (Primary) by his order dated 1st November, 2011 was pleased to reject the application recording that since the petitioner has left the school, the application is not maintainable.',
	(int) 3 => '<p> 3. The petitioner tendered appeal to the Deputy Director of Education, Latur Division, Latur,which was heard and disposed of by Deputy Director of Education, Latur Division, Latur on 30th January, 2012 and appeal came to be dismissed. The appellate authority has recorded in the order that rule 26.4, Appendix-Six of the Secondary Schools Code-2006 does not permit to make correction in the entries in respect of caste in the school record after pupil has left the school. According to the petitioner, reasons recorded by both the authorities for turning down his claim are erroneous and against the provisions of Secondary Schools Code, 2006. Rule 26.4 of the Secondary Schools Code, 2006 prescribe that application for change or correction of date of birth, name, surname, caste etc., as entered in the General Register shall be entertained from or on behalf of a pupil who is attending a school. It further provide that such application shall not be entertained from or on behalf of a pupil, who has left the school, as the same amounts not only to a change in the entries in the General Register but also to a change in the School Leaving Certificate. It has been further prescribed that, however, for the purposes like an admission to another educational institution the School Leaving certificate is relied upon as an evidence for name, surname, caste, date of birth etc., and in bonafide cases where wrong spelling of a word or an obvious mistake of the type mentioned in sub-rule 3 above is noticed any time after issue of the School Leaving Certificate and the same is required to be corrected so as to be consistent with the corresponding entries in the General Register of the school or those in the School Leaving Certificate issued by the previous school, such applications shall be entertained. The procedure to be followed in such cases is laid down in Appendix Six.',
	(int) 4 => '<p> 4. Rule 26.4 of the Secondary Schools Code, 2006 has been interpreted by the Division Bench of this Court in the matter of Shaikh Shafi Ahmed Khadarsab vs. The State of Maharashtra and others in Writ Petition No. 1138 of 2009 decided on 13<sup>th</sup> March, 2012. In paragraph-11 of the judgment cited supra, the Division Bench of this Court has observed thus:',
	(int) 5 => '<p> "11. For all these reasons, we hold that the instructions contained in para 26.4 of the S.S.Code that an application for change of an entry in the General Register of a school shall be entertained only on behalf of the pupil who is attending the school meaning thereby that it shall not be entertained on behalf of the pupil who has left the school, are directory and not mandatory. In our view, such an application can be entertained even after the pupil has left the school, provided the application is bona-fide and the pupil is able to satisfy that the original entry in the General Register of the school is erroneous. The application can be rejected if the entry is not shown to be erroneous and wrong. It, however, cannot be rejected without it being considered on merits, only on the technical ground that the application has been made after the pupil has left the school."',
	(int) 6 => '<p> 5. Appendix Six of the Secondary Schools Code, 2006 lays down the procedure in respect of making correction and change in names, surnames, caste/sub-caste, date of birth etc., Paragraph Nos.12 to 15 of Appendix Six reads thus:',
	(int) 7 => '<p> "<strong>Change in Caste or Sub-Caste (in respect of B.C. pupils only):</strong>',
	(int) 8 => '<p> (12) For making changes in caste or sub-caste of Backward Class pupils the guardian of the pupil shall make an application in Form No. 3 accompanying these rules.',
	(int) 9 => '<p> (13) Permission may be given to change the entries in the General Register of the school in respect of "caste" or "sub-caste" of Backward Class pupils in the following circumstances.',
	(int) 10 => '<p> (i) due to wrong entries made initially;',
	(int) 11 => '<p> (ii) due to change in religion;',
	(int) 12 => '<p> (iii) if the caste previously treated as non-backward was subsequently declared by Government as Backward or vice-versa.',
	(int) 13 => '<p> (iv) due to adoption;',
	(int) 14 => '<p> (v) due to inter-caste or inter-religion marriage;',
	(int) 15 => '<p> (14) For this purpose, the necessary certificates from the following authorities must accompany the application for change of caste or sub-caste:',
	(int) 16 => '<p> <strong>(a) For Reasons</strong>, (i),(ii) and (iii) above:',
	(int) 17 => '<p> In Greater Bombay (a) The Chief Presidency Magistrate or the Presidency Magistrate authorised by him;',
	(int) 18 => '<p> Or',
	(int) 19 => '<p> (b) Justice of Peace; or (Deleted)',
	(int) 20 => '<p> (c) Social, Welfare Officer, Greater Bombay, Bombay.',
	(int) 21 => '<p> In other areas (d) The District Magistrates or Executive Magistrates authorized by them;',
	(int) 22 => '<p> or',
	(int) 23 => '<p> (e) Honorary Magistrates; or (Deleted)',
	(int) 24 => '<p> (f) The Social Welfare Officer of the district concerned.',
	(int) 25 => '<p> (<strong>b) Due to adoption </strong>:',
	(int) 26 => '<p> The original adoption-deed or a certified copy of that deed or a certificate from stipendiary Magistrate showing the change in name (if any) and the caste or sub-caste changed as a result of adoption should accompany the application for change in caste or sub-caste.',
	(int) 27 => '<p> <strong>(c) Due to inter-caste or inter-religion marriage </strong>:',
	(int) 28 => '<p> A declaration by the parent or guardian attested by two witnesses and the student himself/herself or certified copy of the certificate of registration of marriage should accompany the application for change in caste or sub-caste along with the certificate from the concerned competent authority mentioned in (a) above showing that the caste or sub-caste has changed as a result of the marriage.',
	(int) 29 => '<p> <strong>(d) Due to any other reason </strong>:',
	(int) 30 => '<p> An affidavit made before a stipendiary Magistrate by the parent or guardian should accompany the application for change in caste of sub-caste.',
	(int) 31 => '<p> <strong>N.B</strong>.: The term "Backward Class" means and includes the following categories.',
	(int) 32 => '<table><tbody><tr><td>1<td>Scheduled castes and Schedule Caste converts to Buddhism.<td>As per Scheduled Castes and Scheduled Tribes Lists Modification Order, 1956, as adopted for Maharashtra State.</tr><tr><td>2<td>Scheduled Tribes including those outside specified areas.<td>Vide Part VII-A of the Seventh and Eighth Schedule of the Bombay Reorganisation Act, 1960 and orders issued by Government in this behalf from time to time.</tr><tr><td>3<td>DenotifiedTribes and Nomadic Tribes.<td>As per Government Resolution, Education and Social Welfare Deptt. No. CBC. 1361-M, dated 21<sup>st</sup> November 1961 and Government from time to time.</tr><tr><td>4<td>Other Classes.<td>Backward Castes which have been declared as belonging to the other Backward Classes by Government from time to time.</tr></tbody></table><strong>General</strong>:-<p> (Please also see Annexure 36).',
	(int) 33 => '<p> 15. An appeal against the decision of the Educational Inspector, Greater Bombay or as the case may be, the Education Officer, Zilla Parishad concerned, who has not sanctioned the change shall be submitted to the Deputy Director concerned within 30 days of the receipt of the order."',
	(int) 34 => '<p> 6. On fulfillment of requirements laid down under Appendix Six, the application tendered for effecting change in the entries recorded in school record can be entertained. Respondents were therefore not justified in turning down the application tendered by the petitioner on the ground that the entries recorded in the school record cannot be corrected after pupil has left school. The petition, therefore, deserves to be allowed and Education Officer (Primary), Zilla Parishad, Osmanabad is required to be directed to consider the application tendered by the petitioner to the school authorities and which has been forwarded to the Education Officer (Primary), Zilla Parishad, Osmanabad, in accordance with provisions of Secondary Schools Code, 2006. The orders passed by respondent Nos. 2 and 3 impugned in this petition, are quashed and set aside and the matter is remitted back to the Education Officer (Primary), Zilla Parishad, Osmanabad for reconsideration. The Education Officer (Primary), Zilla Parishad, Osmanabad shall proceed to take decision on the application in accordance with provisions of Secondary Schools Code, 2006 and the observations made in this judgment. The petitioner shall cause appearance before the Education Officer (Primary), Zilla Parishad, Osmanabad on 29th October, 2012 and as such, no separate notice requiring petitioner's appearance before respondent No. 3 shall be essential. Respondent No. 3 shall decide the application, as expeditiously as possible, preferably within eight (8) weeks from date of appearance of petitioner before him. Rule is accordingly made absolute. No order as to costs.',
	(int) 35 => '<p> 7. Pending civil application, if any, does not survive, same stands disposed of.',
	(int) 36 => ''
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1	Scheduled castes and Schedule Caste converts to Buddhism.	As per Scheduled Castes and Scheduled Tribes Lists Modification Order, 1956, as adopted for Maharashtra State.
2	Scheduled Tribes including those outside specified areas.	Vide Part VII-A of the Seventh and Eighth Schedule of the Bombay Reorganisation Act, 1960 and orders issued by Government in this behalf from time to time.
3	DenotifiedTribes and Nomadic Tribes.	As per Government Resolution, Education and Social Welfare Deptt. No. CBC. 1361-M, dated 21st November 1961 and Government from time to time.
4	Other Classes.	Backward Castes which have been declared as belonging to the other Backward Classes by Government from time to time.

General:-

(Please also see Annexure 36).

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	'title_for_layout' => 'Vilas S O Dattatraya Ransubhe Vs the State of Maharashtra Through the Secretary School Education and Sports Department and Others - Citation 1105404 - Court Judgment | ',
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			'id' => '1105404',
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			'appealno' => 'Writ Petition No.3266 of 2012 ',
			'appellant' => 'Vilas S/O Dattatraya Ransubhe',
			'authreffered' => null,
			'casename' => 'Vilas S/O Dattatraya Ransubhe Vs. the State of Maharashtra, Through the Secretary, School Education and Sports Department and Others',
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			'court' => 'Mumbai Aurangabad',
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			'decidedon' => '2012-10-08',
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			'judge' => 'R.M. BORDE & S.S. SHINDE',
			'judgement' => '<p style="text-align: justify;"><strong>Oral Judgment : [ R.M. Borde, J.]</strong><p style="text-align: justify;"> Rule. Rule made returnable forthwith.</p><p style="text-align: justify;"> With consent of the parties, the petition is taken up for final disposal at admission stage.</p><p style="text-align: justify;"> 2. The petitioner claims to be belonging to Bhavsar Kshetriya caste which is included in Other Backward Class category. The petitioner is serving as Conductor in Maharashtra State Road Transport Corporation. The school record of the petitioner records caste as 'Hindu Maratha'. According to the petitioner, while securing admission in school, his father has erroneously recorded the entry as 'Hindu Maratha'. He further contends that old record pertaining to his father, uncle and other near relatives show that they belong to 'Bhavsar Kehstriya caste'. The petitioner has also been issued caste certificate by the competent authority. The son of the petitioner has also been issued caste certificate by the competent authority certifying that he belongs to 'Bhavsar Kshetriya caste' and his caste claim has been validated by the competent Committee. The petitioner, therefore, tendered application to school where he was studying for onward transmission to the Education Officer (Primary), Zilla Parishad, Osmanabad for issuing directions for affecting necessary corrections. The school authority forwarded the application with favourable recommendation to the Education Officer. The Education Officer (Primary) by his order dated 1st November, 2011 was pleased to reject the application recording that since the petitioner has left the school, the application is not maintainable.</p><p style="text-align: justify;"> 3. The petitioner tendered appeal to the Deputy Director of Education, Latur Division, Latur,which was heard and disposed of by Deputy Director of Education, Latur Division, Latur on 30th January, 2012 and appeal came to be dismissed. The appellate authority has recorded in the order that rule 26.4, Appendix-Six of the Secondary Schools Code-2006 does not permit to make correction in the entries in respect of caste in the school record after pupil has left the school. According to the petitioner, reasons recorded by both the authorities for turning down his claim are erroneous and against the provisions of Secondary Schools Code, 2006. Rule 26.4 of the Secondary Schools Code, 2006 prescribe that application for change or correction of date of birth, name, surname, caste etc., as entered in the General Register shall be entertained from or on behalf of a pupil who is attending a school. It further provide that such application shall not be entertained from or on behalf of a pupil, who has left the school, as the same amounts not only to a change in the entries in the General Register but also to a change in the School Leaving Certificate. It has been further prescribed that, however, for the purposes like an admission to another educational institution the School Leaving certificate is relied upon as an evidence for name, surname, caste, date of birth etc., and in bonafide cases where wrong spelling of a word or an obvious mistake of the type mentioned in sub-rule 3 above is noticed any time after issue of the School Leaving Certificate and the same is required to be corrected so as to be consistent with the corresponding entries in the General Register of the school or those in the School Leaving Certificate issued by the previous school, such applications shall be entertained. The procedure to be followed in such cases is laid down in Appendix Six.</p><p style="text-align: justify;"> 4. Rule 26.4 of the Secondary Schools Code, 2006 has been interpreted by the Division Bench of this Court in the matter of Shaikh Shafi Ahmed Khadarsab vs. The State of Maharashtra and others in Writ Petition No. 1138 of 2009 decided on 13<sup>th</sup> March, 2012. In paragraph-11 of the judgment cited supra, the Division Bench of this Court has observed thus:</p><p style="text-align: justify;"> "11. For all these reasons, we hold that the instructions contained in para 26.4 of the S.S.Code that an application for change of an entry in the General Register of a school shall be entertained only on behalf of the pupil who is attending the school meaning thereby that it shall not be entertained on behalf of the pupil who has left the school, are directory and not mandatory. In our view, such an application can be entertained even after the pupil has left the school, provided the application is bona-fide and the pupil is able to satisfy that the original entry in the General Register of the school is erroneous. The application can be rejected if the entry is not shown to be erroneous and wrong. It, however, cannot be rejected without it being considered on merits, only on the technical ground that the application has been made after the pupil has left the school."</p><p style="text-align: justify;"> 5. Appendix Six of the Secondary Schools Code, 2006 lays down the procedure in respect of making correction and change in names, surnames, caste/sub-caste, date of birth etc., Paragraph Nos.12 to 15 of Appendix Six reads thus:</p><p style="text-align: justify;"> "<strong>Change in Caste or Sub-Caste (in respect of B.C. pupils only):</strong></p><p style="text-align: justify;"> (12) For making changes in caste or sub-caste of Backward Class pupils the guardian of the pupil shall make an application in Form No. 3 accompanying these rules.</p><p style="text-align: justify;"> (13) Permission may be given to change the entries in the General Register of the school in respect of "caste" or "sub-caste" of Backward Class pupils in the following circumstances.</p><p style="text-align: justify;"> (i) due to wrong entries made initially;</p><p style="text-align: justify;"> (ii) due to change in religion;</p><p style="text-align: justify;"> (iii) if the caste previously treated as non-backward was subsequently declared by Government as Backward or vice-versa.</p><p style="text-align: justify;"> (iv) due to adoption;</p><p style="text-align: justify;"> (v) due to inter-caste or inter-religion marriage;</p><p style="text-align: justify;"> (14) For this purpose, the necessary certificates from the following authorities must accompany the application for change of caste or sub-caste:</p><p style="text-align: justify;"> <strong>(a) For Reasons</strong>, (i),(ii) and (iii) above:</p><p style="text-align: justify;"> In Greater Bombay (a) The Chief Presidency Magistrate or the Presidency Magistrate authorised by him;</p><p style="text-align: justify;"> Or</p><p style="text-align: justify;"> (b) Justice of Peace; or (Deleted)</p><p style="text-align: justify;"> (c) Social, Welfare Officer, Greater Bombay, Bombay.</p><p style="text-align: justify;"> In other areas (d) The District Magistrates or Executive Magistrates authorized by them;</p><p style="text-align: justify;"> or</p><p style="text-align: justify;"> (e) Honorary Magistrates; or (Deleted)</p><p style="text-align: justify;"> (f) The Social Welfare Officer of the district concerned.</p><p style="text-align: justify;"> (<strong>b) Due to adoption </strong>:</p><p style="text-align: justify;"> The original adoption-deed or a certified copy of that deed or a certificate from stipendiary Magistrate showing the change in name (if any) and the caste or sub-caste changed as a result of adoption should accompany the application for change in caste or sub-caste.</p><p style="text-align: justify;"> <strong>(c) Due to inter-caste or inter-religion marriage </strong>:</p><p style="text-align: justify;"> A declaration by the parent or guardian attested by two witnesses and the student himself/herself or certified copy of the certificate of registration of marriage should accompany the application for change in caste or sub-caste along with the certificate from the concerned competent authority mentioned in (a) above showing that the caste or sub-caste has changed as a result of the marriage.</p><p style="text-align: justify;"> <strong>(d) Due to any other reason </strong>:</p><p style="text-align: justify;"> An affidavit made before a stipendiary Magistrate by the parent or guardian should accompany the application for change in caste of sub-caste.</p><p style="text-align: justify;"> <strong>N.B</strong>.: The term "Backward Class" means and includes the following categories.</p><table border="1" cellpadding="0" cellspacing="0"><tbody><tr><td style="width: 43px">1<td style="width: 251px">Scheduled castes and Schedule Caste converts to Buddhism.<td style="width: 282px">As per Scheduled Castes and Scheduled Tribes Lists Modification Order, 1956, as adopted for Maharashtra State.</tr><tr><td style="width: 43px">2<td style="width: 251px">Scheduled Tribes including those outside specified areas.<td style="width: 282px">Vide Part VII-A of the Seventh and Eighth Schedule of the Bombay Reorganisation Act, 1960 and orders issued by Government in this behalf from time to time.</tr><tr><td style="width: 43px">3<td style="width: 251px">DenotifiedTribes and Nomadic Tribes.<td style="width: 282px">As per Government Resolution, Education and Social Welfare Deptt. No. CBC. 1361-M, dated 21<sup>st</sup> November 1961 and Government from time to time.</tr><tr><td style="width: 43px">4<td style="width: 251px">Other Classes.<td style="width: 282px">Backward Castes which have been declared as belonging to the other Backward Classes by Government from time to time.</tr></tbody></table><strong>General</strong>:-<p style="text-align: justify;"> (Please also see Annexure 36).</p><p style="text-align: justify;"> 15. An appeal against the decision of the Educational Inspector, Greater Bombay or as the case may be, the Education Officer, Zilla Parishad concerned, who has not sanctioned the change shall be submitted to the Deputy Director concerned within 30 days of the receipt of the order."</p><p style="text-align: justify;"> 6. On fulfillment of requirements laid down under Appendix Six, the application tendered for effecting change in the entries recorded in school record can be entertained. Respondents were therefore not justified in turning down the application tendered by the petitioner on the ground that the entries recorded in the school record cannot be corrected after pupil has left school. The petition, therefore, deserves to be allowed and Education Officer (Primary), Zilla Parishad, Osmanabad is required to be directed to consider the application tendered by the petitioner to the school authorities and which has been forwarded to the Education Officer (Primary), Zilla Parishad, Osmanabad, in accordance with provisions of Secondary Schools Code, 2006. The orders passed by respondent Nos. 2 and 3 impugned in this petition, are quashed and set aside and the matter is remitted back to the Education Officer (Primary), Zilla Parishad, Osmanabad for reconsideration. The Education Officer (Primary), Zilla Parishad, Osmanabad shall proceed to take decision on the application in accordance with provisions of Secondary Schools Code, 2006 and the observations made in this judgment. The petitioner shall cause appearance before the Education Officer (Primary), Zilla Parishad, Osmanabad on 29th October, 2012 and as such, no separate notice requiring petitioner's appearance before respondent No. 3 shall be essential. Respondent No. 3 shall decide the application, as expeditiously as possible, preferably within eight (8) weeks from date of appearance of petitioner before him. Rule is accordingly made absolute. No order as to costs.</p><p style="text-align: justify;"> 7. Pending civil application, if any, does not survive, same stands disposed of.</p>',
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		'judgement' => '<p><strong>Oral Judgment : [ R.M. Borde, J.]</strong><p> Rule. Rule made returnable forthwith.</p><p> With consent of the parties, the petition is taken up for final disposal at admission stage.</p><p> 2. The petitioner claims to be belonging to Bhavsar Kshetriya caste which is included in Other Backward Class category. The petitioner is serving as Conductor in Maharashtra State Road Transport Corporation. The school record of the petitioner records caste as 'Hindu Maratha'. According to the petitioner, while securing admission in school, his father has erroneously recorded the entry as 'Hindu Maratha'. He further contends that old record pertaining to his father, uncle and other near relatives show that they belong to 'Bhavsar Kehstriya caste'. The petitioner has also been issued caste certificate by the competent authority. The son of the petitioner has also been issued caste certificate by the competent authority certifying that he belongs to 'Bhavsar Kshetriya caste' and his caste claim has been validated by the competent Committee. The petitioner, therefore, tendered application to school where he was studying for onward transmission to the Education Officer (Primary), Zilla Parishad, Osmanabad for issuing directions for affecting necessary corrections. The school authority forwarded the application with favourable recommendation to the Education Officer. The Education Officer (Primary) by his order dated 1st November, 2011 was pleased to reject the application recording that since the petitioner has left the school, the application is not maintainable.</p><p> 3. The petitioner tendered appeal to the Deputy Director of Education, Latur Division, Latur,which was heard and disposed of by Deputy Director of Education, Latur Division, Latur on 30th January, 2012 and appeal came to be dismissed. The appellate authority has recorded in the order that rule 26.4, Appendix-Six of the Secondary Schools Code-2006 does not permit to make correction in the entries in respect of caste in the school record after pupil has left the school. According to the petitioner, reasons recorded by both the authorities for turning down his claim are erroneous and against the provisions of Secondary Schools Code, 2006. Rule 26.4 of the Secondary Schools Code, 2006 prescribe that application for change or correction of date of birth, name, surname, caste etc., as entered in the General Register shall be entertained from or on behalf of a pupil who is attending a school. It further provide that such application shall not be entertained from or on behalf of a pupil, who has left the school, as the same amounts not only to a change in the entries in the General Register but also to a change in the School Leaving Certificate. It has been further prescribed that, however, for the purposes like an admission to another educational institution the School Leaving certificate is relied upon as an evidence for name, surname, caste, date of birth etc., and in bonafide cases where wrong spelling of a word or an obvious mistake of the type mentioned in sub-rule 3 above is noticed any time after issue of the School Leaving Certificate and the same is required to be corrected so as to be consistent with the corresponding entries in the General Register of the school or those in the School Leaving Certificate issued by the previous school, such applications shall be entertained. The procedure to be followed in such cases is laid down in Appendix Six.</p><p> 4. Rule 26.4 of the Secondary Schools Code, 2006 has been interpreted by the Division Bench of this Court in the matter of Shaikh Shafi Ahmed Khadarsab vs. The State of Maharashtra and others in Writ Petition No. 1138 of 2009 decided on 13<sup>th</sup> March, 2012. In paragraph-11 of the judgment cited supra, the Division Bench of this Court has observed thus:</p><p> "11. For all these reasons, we hold that the instructions contained in para 26.4 of the S.S.Code that an application for change of an entry in the General Register of a school shall be entertained only on behalf of the pupil who is attending the school meaning thereby that it shall not be entertained on behalf of the pupil who has left the school, are directory and not mandatory. In our view, such an application can be entertained even after the pupil has left the school, provided the application is bona-fide and the pupil is able to satisfy that the original entry in the General Register of the school is erroneous. The application can be rejected if the entry is not shown to be erroneous and wrong. It, however, cannot be rejected without it being considered on merits, only on the technical ground that the application has been made after the pupil has left the school."</p><p> 5. Appendix Six of the Secondary Schools Code, 2006 lays down the procedure in respect of making correction and change in names, surnames, caste/sub-caste, date of birth etc., Paragraph Nos.12 to 15 of Appendix Six reads thus:</p><p> "<strong>Change in Caste or Sub-Caste (in respect of B.C. pupils only):</strong></p><p> (12) For making changes in caste or sub-caste of Backward Class pupils the guardian of the pupil shall make an application in Form No. 3 accompanying these rules.</p><p> (13) Permission may be given to change the entries in the General Register of the school in respect of "caste" or "sub-caste" of Backward Class pupils in the following circumstances.</p><p> (i) due to wrong entries made initially;</p><p> (ii) due to change in religion;</p><p> (iii) if the caste previously treated as non-backward was subsequently declared by Government as Backward or vice-versa.</p><p> (iv) due to adoption;</p><p> (v) due to inter-caste or inter-religion marriage;</p><p> (14) For this purpose, the necessary certificates from the following authorities must accompany the application for change of caste or sub-caste:</p><p> <strong>(a) For Reasons</strong>, (i),(ii) and (iii) above:</p><p> In Greater Bombay (a) The Chief Presidency Magistrate or the Presidency Magistrate authorised by him;</p><p> Or</p><p> (b) Justice of Peace; or (Deleted)</p><p> (c) Social, Welfare Officer, Greater Bombay, Bombay.</p><p> In other areas (d) The District Magistrates or Executive Magistrates authorized by them;</p><p> or</p><p> (e) Honorary Magistrates; or (Deleted)</p><p> (f) The Social Welfare Officer of the district concerned.</p><p> (<strong>b) Due to adoption </strong>:</p><p> The original adoption-deed or a certified copy of that deed or a certificate from stipendiary Magistrate showing the change in name (if any) and the caste or sub-caste changed as a result of adoption should accompany the application for change in caste or sub-caste.</p><p> <strong>(c) Due to inter-caste or inter-religion marriage </strong>:</p><p> A declaration by the parent or guardian attested by two witnesses and the student himself/herself or certified copy of the certificate of registration of marriage should accompany the application for change in caste or sub-caste along with the certificate from the concerned competent authority mentioned in (a) above showing that the caste or sub-caste has changed as a result of the marriage.</p><p> <strong>(d) Due to any other reason </strong>:</p><p> An affidavit made before a stipendiary Magistrate by the parent or guardian should accompany the application for change in caste of sub-caste.</p><p> <strong>N.B</strong>.: The term "Backward Class" means and includes the following categories.</p><table><tbody><tr><td>1<td>Scheduled castes and Schedule Caste converts to Buddhism.<td>As per Scheduled Castes and Scheduled Tribes Lists Modification Order, 1956, as adopted for Maharashtra State.</tr><tr><td>2<td>Scheduled Tribes including those outside specified areas.<td>Vide Part VII-A of the Seventh and Eighth Schedule of the Bombay Reorganisation Act, 1960 and orders issued by Government in this behalf from time to time.</tr><tr><td>3<td>DenotifiedTribes and Nomadic Tribes.<td>As per Government Resolution, Education and Social Welfare Deptt. No. CBC. 1361-M, dated 21<sup>st</sup> November 1961 and Government from time to time.</tr><tr><td>4<td>Other Classes.<td>Backward Castes which have been declared as belonging to the other Backward Classes by Government from time to time.</tr></tbody></table><strong>General</strong>:-<p> (Please also see Annexure 36).</p><p> 15. An appeal against the decision of the Educational Inspector, Greater Bombay or as the case may be, the Education Officer, Zilla Parishad concerned, who has not sanctioned the change shall be submitted to the Deputy Director concerned within 30 days of the receipt of the order."</p><p> 6. On fulfillment of requirements laid down under Appendix Six, the application tendered for effecting change in the entries recorded in school record can be entertained. Respondents were therefore not justified in turning down the application tendered by the petitioner on the ground that the entries recorded in the school record cannot be corrected after pupil has left school. The petition, therefore, deserves to be allowed and Education Officer (Primary), Zilla Parishad, Osmanabad is required to be directed to consider the application tendered by the petitioner to the school authorities and which has been forwarded to the Education Officer (Primary), Zilla Parishad, Osmanabad, in accordance with provisions of Secondary Schools Code, 2006. The orders passed by respondent Nos. 2 and 3 impugned in this petition, are quashed and set aside and the matter is remitted back to the Education Officer (Primary), Zilla Parishad, Osmanabad for reconsideration. The Education Officer (Primary), Zilla Parishad, Osmanabad shall proceed to take decision on the application in accordance with provisions of Secondary Schools Code, 2006 and the observations made in this judgment. The petitioner shall cause appearance before the Education Officer (Primary), Zilla Parishad, Osmanabad on 29th October, 2012 and as such, no separate notice requiring petitioner's appearance before respondent No. 3 shall be essential. Respondent No. 3 shall decide the application, as expeditiously as possible, preferably within eight (8) weeks from date of appearance of petitioner before him. Rule is accordingly made absolute. No order as to costs.</p><p> 7. Pending civil application, if any, does not survive, same stands disposed of.</p>',
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	(int) 0 => '<p><strong>Oral Judgment : [ R.M. Borde, J.]</strong><p> Rule. Rule made returnable forthwith.',
	(int) 1 => '<p> With consent of the parties, the petition is taken up for final disposal at admission stage.',
	(int) 2 => '<p> 2. The petitioner claims to be belonging to Bhavsar Kshetriya caste which is included in Other Backward Class category. The petitioner is serving as Conductor in Maharashtra State Road Transport Corporation. The school record of the petitioner records caste as 'Hindu Maratha'. According to the petitioner, while securing admission in school, his father has erroneously recorded the entry as 'Hindu Maratha'. He further contends that old record pertaining to his father, uncle and other near relatives show that they belong to 'Bhavsar Kehstriya caste'. The petitioner has also been issued caste certificate by the competent authority. The son of the petitioner has also been issued caste certificate by the competent authority certifying that he belongs to 'Bhavsar Kshetriya caste' and his caste claim has been validated by the competent Committee. The petitioner, therefore, tendered application to school where he was studying for onward transmission to the Education Officer (Primary), Zilla Parishad, Osmanabad for issuing directions for affecting necessary corrections. The school authority forwarded the application with favourable recommendation to the Education Officer. The Education Officer (Primary) by his order dated 1st November, 2011 was pleased to reject the application recording that since the petitioner has left the school, the application is not maintainable.',
	(int) 3 => '<p> 3. The petitioner tendered appeal to the Deputy Director of Education, Latur Division, Latur,which was heard and disposed of by Deputy Director of Education, Latur Division, Latur on 30th January, 2012 and appeal came to be dismissed. The appellate authority has recorded in the order that rule 26.4, Appendix-Six of the Secondary Schools Code-2006 does not permit to make correction in the entries in respect of caste in the school record after pupil has left the school. According to the petitioner, reasons recorded by both the authorities for turning down his claim are erroneous and against the provisions of Secondary Schools Code, 2006. Rule 26.4 of the Secondary Schools Code, 2006 prescribe that application for change or correction of date of birth, name, surname, caste etc., as entered in the General Register shall be entertained from or on behalf of a pupil who is attending a school. It further provide that such application shall not be entertained from or on behalf of a pupil, who has left the school, as the same amounts not only to a change in the entries in the General Register but also to a change in the School Leaving Certificate. It has been further prescribed that, however, for the purposes like an admission to another educational institution the School Leaving certificate is relied upon as an evidence for name, surname, caste, date of birth etc., and in bonafide cases where wrong spelling of a word or an obvious mistake of the type mentioned in sub-rule 3 above is noticed any time after issue of the School Leaving Certificate and the same is required to be corrected so as to be consistent with the corresponding entries in the General Register of the school or those in the School Leaving Certificate issued by the previous school, such applications shall be entertained. The procedure to be followed in such cases is laid down in Appendix Six.',
	(int) 4 => '<p> 4. Rule 26.4 of the Secondary Schools Code, 2006 has been interpreted by the Division Bench of this Court in the matter of Shaikh Shafi Ahmed Khadarsab vs. The State of Maharashtra and others in Writ Petition No. 1138 of 2009 decided on 13<sup>th</sup> March, 2012. In paragraph-11 of the judgment cited supra, the Division Bench of this Court has observed thus:',
	(int) 5 => '<p> "11. For all these reasons, we hold that the instructions contained in para 26.4 of the S.S.Code that an application for change of an entry in the General Register of a school shall be entertained only on behalf of the pupil who is attending the school meaning thereby that it shall not be entertained on behalf of the pupil who has left the school, are directory and not mandatory. In our view, such an application can be entertained even after the pupil has left the school, provided the application is bona-fide and the pupil is able to satisfy that the original entry in the General Register of the school is erroneous. The application can be rejected if the entry is not shown to be erroneous and wrong. It, however, cannot be rejected without it being considered on merits, only on the technical ground that the application has been made after the pupil has left the school."',
	(int) 6 => '<p> 5. Appendix Six of the Secondary Schools Code, 2006 lays down the procedure in respect of making correction and change in names, surnames, caste/sub-caste, date of birth etc., Paragraph Nos.12 to 15 of Appendix Six reads thus:',
	(int) 7 => '<p> "<strong>Change in Caste or Sub-Caste (in respect of B.C. pupils only):</strong>',
	(int) 8 => '<p> (12) For making changes in caste or sub-caste of Backward Class pupils the guardian of the pupil shall make an application in Form No. 3 accompanying these rules.',
	(int) 9 => '<p> (13) Permission may be given to change the entries in the General Register of the school in respect of "caste" or "sub-caste" of Backward Class pupils in the following circumstances.',
	(int) 10 => '<p> (i) due to wrong entries made initially;',
	(int) 11 => '<p> (ii) due to change in religion;',
	(int) 12 => '<p> (iii) if the caste previously treated as non-backward was subsequently declared by Government as Backward or vice-versa.',
	(int) 13 => '<p> (iv) due to adoption;',
	(int) 14 => '<p> (v) due to inter-caste or inter-religion marriage;',
	(int) 15 => '<p> (14) For this purpose, the necessary certificates from the following authorities must accompany the application for change of caste or sub-caste:',
	(int) 16 => '<p> <strong>(a) For Reasons</strong>, (i),(ii) and (iii) above:',
	(int) 17 => '<p> In Greater Bombay (a) The Chief Presidency Magistrate or the Presidency Magistrate authorised by him;',
	(int) 18 => '<p> Or',
	(int) 19 => '<p> (b) Justice of Peace; or (Deleted)',
	(int) 20 => '<p> (c) Social, Welfare Officer, Greater Bombay, Bombay.',
	(int) 21 => '<p> In other areas (d) The District Magistrates or Executive Magistrates authorized by them;',
	(int) 22 => '<p> or',
	(int) 23 => '<p> (e) Honorary Magistrates; or (Deleted)',
	(int) 24 => '<p> (f) The Social Welfare Officer of the district concerned.',
	(int) 25 => '<p> (<strong>b) Due to adoption </strong>:',
	(int) 26 => '<p> The original adoption-deed or a certified copy of that deed or a certificate from stipendiary Magistrate showing the change in name (if any) and the caste or sub-caste changed as a result of adoption should accompany the application for change in caste or sub-caste.',
	(int) 27 => '<p> <strong>(c) Due to inter-caste or inter-religion marriage </strong>:',
	(int) 28 => '<p> A declaration by the parent or guardian attested by two witnesses and the student himself/herself or certified copy of the certificate of registration of marriage should accompany the application for change in caste or sub-caste along with the certificate from the concerned competent authority mentioned in (a) above showing that the caste or sub-caste has changed as a result of the marriage.',
	(int) 29 => '<p> <strong>(d) Due to any other reason </strong>:',
	(int) 30 => '<p> An affidavit made before a stipendiary Magistrate by the parent or guardian should accompany the application for change in caste of sub-caste.',
	(int) 31 => '<p> <strong>N.B</strong>.: The term "Backward Class" means and includes the following categories.',
	(int) 32 => '<table><tbody><tr><td>1<td>Scheduled castes and Schedule Caste converts to Buddhism.<td>As per Scheduled Castes and Scheduled Tribes Lists Modification Order, 1956, as adopted for Maharashtra State.</tr><tr><td>2<td>Scheduled Tribes including those outside specified areas.<td>Vide Part VII-A of the Seventh and Eighth Schedule of the Bombay Reorganisation Act, 1960 and orders issued by Government in this behalf from time to time.</tr><tr><td>3<td>DenotifiedTribes and Nomadic Tribes.<td>As per Government Resolution, Education and Social Welfare Deptt. No. CBC. 1361-M, dated 21<sup>st</sup> November 1961 and Government from time to time.</tr><tr><td>4<td>Other Classes.<td>Backward Castes which have been declared as belonging to the other Backward Classes by Government from time to time.</tr></tbody></table><strong>General</strong>:-<p> (Please also see Annexure 36).',
	(int) 33 => '<p> 15. An appeal against the decision of the Educational Inspector, Greater Bombay or as the case may be, the Education Officer, Zilla Parishad concerned, who has not sanctioned the change shall be submitted to the Deputy Director concerned within 30 days of the receipt of the order."',
	(int) 34 => '<p> 6. On fulfillment of requirements laid down under Appendix Six, the application tendered for effecting change in the entries recorded in school record can be entertained. Respondents were therefore not justified in turning down the application tendered by the petitioner on the ground that the entries recorded in the school record cannot be corrected after pupil has left school. The petition, therefore, deserves to be allowed and Education Officer (Primary), Zilla Parishad, Osmanabad is required to be directed to consider the application tendered by the petitioner to the school authorities and which has been forwarded to the Education Officer (Primary), Zilla Parishad, Osmanabad, in accordance with provisions of Secondary Schools Code, 2006. The orders passed by respondent Nos. 2 and 3 impugned in this petition, are quashed and set aside and the matter is remitted back to the Education Officer (Primary), Zilla Parishad, Osmanabad for reconsideration. The Education Officer (Primary), Zilla Parishad, Osmanabad shall proceed to take decision on the application in accordance with provisions of Secondary Schools Code, 2006 and the observations made in this judgment. The petitioner shall cause appearance before the Education Officer (Primary), Zilla Parishad, Osmanabad on 29th October, 2012 and as such, no separate notice requiring petitioner's appearance before respondent No. 3 shall be essential. Respondent No. 3 shall decide the application, as expeditiously as possible, preferably within eight (8) weeks from date of appearance of petitioner before him. Rule is accordingly made absolute. No order as to costs.',
	(int) 35 => '<p> 7. Pending civil application, if any, does not survive, same stands disposed of.',
	(int) 36 => ''
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15. An appeal against the decision of the Educational Inspector, Greater Bombay or as the case may be, the Education Officer, Zilla Parishad concerned, who has not sanctioned the change shall be submitted to the Deputy Director concerned within 30 days of the receipt of the order."

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			'judgement' => '<p style="text-align: justify;"><strong>Oral Judgment : [ R.M. Borde, J.]</strong><p style="text-align: justify;"> Rule. Rule made returnable forthwith.</p><p style="text-align: justify;"> With consent of the parties, the petition is taken up for final disposal at admission stage.</p><p style="text-align: justify;"> 2. The petitioner claims to be belonging to Bhavsar Kshetriya caste which is included in Other Backward Class category. The petitioner is serving as Conductor in Maharashtra State Road Transport Corporation. The school record of the petitioner records caste as 'Hindu Maratha'. According to the petitioner, while securing admission in school, his father has erroneously recorded the entry as 'Hindu Maratha'. He further contends that old record pertaining to his father, uncle and other near relatives show that they belong to 'Bhavsar Kehstriya caste'. The petitioner has also been issued caste certificate by the competent authority. The son of the petitioner has also been issued caste certificate by the competent authority certifying that he belongs to 'Bhavsar Kshetriya caste' and his caste claim has been validated by the competent Committee. The petitioner, therefore, tendered application to school where he was studying for onward transmission to the Education Officer (Primary), Zilla Parishad, Osmanabad for issuing directions for affecting necessary corrections. The school authority forwarded the application with favourable recommendation to the Education Officer. The Education Officer (Primary) by his order dated 1st November, 2011 was pleased to reject the application recording that since the petitioner has left the school, the application is not maintainable.</p><p style="text-align: justify;"> 3. The petitioner tendered appeal to the Deputy Director of Education, Latur Division, Latur,which was heard and disposed of by Deputy Director of Education, Latur Division, Latur on 30th January, 2012 and appeal came to be dismissed. The appellate authority has recorded in the order that rule 26.4, Appendix-Six of the Secondary Schools Code-2006 does not permit to make correction in the entries in respect of caste in the school record after pupil has left the school. According to the petitioner, reasons recorded by both the authorities for turning down his claim are erroneous and against the provisions of Secondary Schools Code, 2006. Rule 26.4 of the Secondary Schools Code, 2006 prescribe that application for change or correction of date of birth, name, surname, caste etc., as entered in the General Register shall be entertained from or on behalf of a pupil who is attending a school. It further provide that such application shall not be entertained from or on behalf of a pupil, who has left the school, as the same amounts not only to a change in the entries in the General Register but also to a change in the School Leaving Certificate. It has been further prescribed that, however, for the purposes like an admission to another educational institution the School Leaving certificate is relied upon as an evidence for name, surname, caste, date of birth etc., and in bonafide cases where wrong spelling of a word or an obvious mistake of the type mentioned in sub-rule 3 above is noticed any time after issue of the School Leaving Certificate and the same is required to be corrected so as to be consistent with the corresponding entries in the General Register of the school or those in the School Leaving Certificate issued by the previous school, such applications shall be entertained. The procedure to be followed in such cases is laid down in Appendix Six.</p><p style="text-align: justify;"> 4. Rule 26.4 of the Secondary Schools Code, 2006 has been interpreted by the Division Bench of this Court in the matter of Shaikh Shafi Ahmed Khadarsab vs. The State of Maharashtra and others in Writ Petition No. 1138 of 2009 decided on 13<sup>th</sup> March, 2012. In paragraph-11 of the judgment cited supra, the Division Bench of this Court has observed thus:</p><p style="text-align: justify;"> "11. For all these reasons, we hold that the instructions contained in para 26.4 of the S.S.Code that an application for change of an entry in the General Register of a school shall be entertained only on behalf of the pupil who is attending the school meaning thereby that it shall not be entertained on behalf of the pupil who has left the school, are directory and not mandatory. In our view, such an application can be entertained even after the pupil has left the school, provided the application is bona-fide and the pupil is able to satisfy that the original entry in the General Register of the school is erroneous. The application can be rejected if the entry is not shown to be erroneous and wrong. It, however, cannot be rejected without it being considered on merits, only on the technical ground that the application has been made after the pupil has left the school."</p><p style="text-align: justify;"> 5. Appendix Six of the Secondary Schools Code, 2006 lays down the procedure in respect of making correction and change in names, surnames, caste/sub-caste, date of birth etc., Paragraph Nos.12 to 15 of Appendix Six reads thus:</p><p style="text-align: justify;"> "<strong>Change in Caste or Sub-Caste (in respect of B.C. pupils only):</strong></p><p style="text-align: justify;"> (12) For making changes in caste or sub-caste of Backward Class pupils the guardian of the pupil shall make an application in Form No. 3 accompanying these rules.</p><p style="text-align: justify;"> (13) Permission may be given to change the entries in the General Register of the school in respect of "caste" or "sub-caste" of Backward Class pupils in the following circumstances.</p><p style="text-align: justify;"> (i) due to wrong entries made initially;</p><p style="text-align: justify;"> (ii) due to change in religion;</p><p style="text-align: justify;"> (iii) if the caste previously treated as non-backward was subsequently declared by Government as Backward or vice-versa.</p><p style="text-align: justify;"> (iv) due to adoption;</p><p style="text-align: justify;"> (v) due to inter-caste or inter-religion marriage;</p><p style="text-align: justify;"> (14) For this purpose, the necessary certificates from the following authorities must accompany the application for change of caste or sub-caste:</p><p style="text-align: justify;"> <strong>(a) For Reasons</strong>, (i),(ii) and (iii) above:</p><p style="text-align: justify;"> In Greater Bombay (a) The Chief Presidency Magistrate or the Presidency Magistrate authorised by him;</p><p style="text-align: justify;"> Or</p><p style="text-align: justify;"> (b) Justice of Peace; or (Deleted)</p><p style="text-align: justify;"> (c) Social, Welfare Officer, Greater Bombay, Bombay.</p><p style="text-align: justify;"> In other areas (d) The District Magistrates or Executive Magistrates authorized by them;</p><p style="text-align: justify;"> or</p><p style="text-align: justify;"> (e) Honorary Magistrates; or (Deleted)</p><p style="text-align: justify;"> (f) The Social Welfare Officer of the district concerned.</p><p style="text-align: justify;"> (<strong>b) Due to adoption </strong>:</p><p style="text-align: justify;"> The original adoption-deed or a certified copy of that deed or a certificate from stipendiary Magistrate showing the change in name (if any) and the caste or sub-caste changed as a result of adoption should accompany the application for change in caste or sub-caste.</p><p style="text-align: justify;"> <strong>(c) Due to inter-caste or inter-religion marriage </strong>:</p><p style="text-align: justify;"> A declaration by the parent or guardian attested by two witnesses and the student himself/herself or certified copy of the certificate of registration of marriage should accompany the application for change in caste or sub-caste along with the certificate from the concerned competent authority mentioned in (a) above showing that the caste or sub-caste has changed as a result of the marriage.</p><p style="text-align: justify;"> <strong>(d) Due to any other reason </strong>:</p><p style="text-align: justify;"> An affidavit made before a stipendiary Magistrate by the parent or guardian should accompany the application for change in caste of sub-caste.</p><p style="text-align: justify;"> <strong>N.B</strong>.: The term "Backward Class" means and includes the following categories.</p><table border="1" cellpadding="0" cellspacing="0"><tbody><tr><td style="width: 43px">1<td style="width: 251px">Scheduled castes and Schedule Caste converts to Buddhism.<td style="width: 282px">As per Scheduled Castes and Scheduled Tribes Lists Modification Order, 1956, as adopted for Maharashtra State.</tr><tr><td style="width: 43px">2<td style="width: 251px">Scheduled Tribes including those outside specified areas.<td style="width: 282px">Vide Part VII-A of the Seventh and Eighth Schedule of the Bombay Reorganisation Act, 1960 and orders issued by Government in this behalf from time to time.</tr><tr><td style="width: 43px">3<td style="width: 251px">DenotifiedTribes and Nomadic Tribes.<td style="width: 282px">As per Government Resolution, Education and Social Welfare Deptt. No. CBC. 1361-M, dated 21<sup>st</sup> November 1961 and Government from time to time.</tr><tr><td style="width: 43px">4<td style="width: 251px">Other Classes.<td style="width: 282px">Backward Castes which have been declared as belonging to the other Backward Classes by Government from time to time.</tr></tbody></table><strong>General</strong>:-<p style="text-align: justify;"> (Please also see Annexure 36).</p><p style="text-align: justify;"> 15. An appeal against the decision of the Educational Inspector, Greater Bombay or as the case may be, the Education Officer, Zilla Parishad concerned, who has not sanctioned the change shall be submitted to the Deputy Director concerned within 30 days of the receipt of the order."</p><p style="text-align: justify;"> 6. On fulfillment of requirements laid down under Appendix Six, the application tendered for effecting change in the entries recorded in school record can be entertained. Respondents were therefore not justified in turning down the application tendered by the petitioner on the ground that the entries recorded in the school record cannot be corrected after pupil has left school. The petition, therefore, deserves to be allowed and Education Officer (Primary), Zilla Parishad, Osmanabad is required to be directed to consider the application tendered by the petitioner to the school authorities and which has been forwarded to the Education Officer (Primary), Zilla Parishad, Osmanabad, in accordance with provisions of Secondary Schools Code, 2006. The orders passed by respondent Nos. 2 and 3 impugned in this petition, are quashed and set aside and the matter is remitted back to the Education Officer (Primary), Zilla Parishad, Osmanabad for reconsideration. The Education Officer (Primary), Zilla Parishad, Osmanabad shall proceed to take decision on the application in accordance with provisions of Secondary Schools Code, 2006 and the observations made in this judgment. The petitioner shall cause appearance before the Education Officer (Primary), Zilla Parishad, Osmanabad on 29th October, 2012 and as such, no separate notice requiring petitioner's appearance before respondent No. 3 shall be essential. Respondent No. 3 shall decide the application, as expeditiously as possible, preferably within eight (8) weeks from date of appearance of petitioner before him. Rule is accordingly made absolute. No order as to costs.</p><p style="text-align: justify;"> 7. Pending civil application, if any, does not survive, same stands disposed of.</p>',
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$title_for_layout = 'Vilas S O Dattatraya Ransubhe Vs the State of Maharashtra Through the Secretary School Education and Sports Department and Others - Citation 1105404 - Court Judgment | '
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		'id' => '1105404',
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		'appealno' => 'Writ Petition No.3266 of 2012 ',
		'appellant' => 'Vilas S/O Dattatraya Ransubhe',
		'authreffered' => null,
		'casename' => 'Vilas S/O Dattatraya Ransubhe Vs. the State of Maharashtra, Through the Secretary, School Education and Sports Department and Others',
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		'court' => 'Mumbai Aurangabad',
		'court_type' => 'HC',
		'decidedon' => '2012-10-08',
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		'judge' => 'R.M. BORDE &amp; S.S. SHINDE',
		'judgement' => '<p><strong>Oral Judgment : [ R.M. Borde, J.]</strong><p> Rule. Rule made returnable forthwith.</p><p> With consent of the parties, the petition is taken up for final disposal at admission stage.</p><p> 2. The petitioner claims to be belonging to Bhavsar Kshetriya caste which is included in Other Backward Class category. The petitioner is serving as Conductor in Maharashtra State Road Transport Corporation. The school record of the petitioner records caste as 'Hindu Maratha'. According to the petitioner, while securing admission in school, his father has erroneously recorded the entry as 'Hindu Maratha'. He further contends that old record pertaining to his father, uncle and other near relatives show that they belong to 'Bhavsar Kehstriya caste'. The petitioner has also been issued caste certificate by the competent authority. The son of the petitioner has also been issued caste certificate by the competent authority certifying that he belongs to 'Bhavsar Kshetriya caste' and his caste claim has been validated by the competent Committee. The petitioner, therefore, tendered application to school where he was studying for onward transmission to the Education Officer (Primary), Zilla Parishad, Osmanabad for issuing directions for affecting necessary corrections. The school authority forwarded the application with favourable recommendation to the Education Officer. The Education Officer (Primary) by his order dated 1st November, 2011 was pleased to reject the application recording that since the petitioner has left the school, the application is not maintainable.</p><p> 3. The petitioner tendered appeal to the Deputy Director of Education, Latur Division, Latur,which was heard and disposed of by Deputy Director of Education, Latur Division, Latur on 30th January, 2012 and appeal came to be dismissed. The appellate authority has recorded in the order that rule 26.4, Appendix-Six of the Secondary Schools Code-2006 does not permit to make correction in the entries in respect of caste in the school record after pupil has left the school. According to the petitioner, reasons recorded by both the authorities for turning down his claim are erroneous and against the provisions of Secondary Schools Code, 2006. Rule 26.4 of the Secondary Schools Code, 2006 prescribe that application for change or correction of date of birth, name, surname, caste etc., as entered in the General Register shall be entertained from or on behalf of a pupil who is attending a school. It further provide that such application shall not be entertained from or on behalf of a pupil, who has left the school, as the same amounts not only to a change in the entries in the General Register but also to a change in the School Leaving Certificate. It has been further prescribed that, however, for the purposes like an admission to another educational institution the School Leaving certificate is relied upon as an evidence for name, surname, caste, date of birth etc., and in bonafide cases where wrong spelling of a word or an obvious mistake of the type mentioned in sub-rule 3 above is noticed any time after issue of the School Leaving Certificate and the same is required to be corrected so as to be consistent with the corresponding entries in the General Register of the school or those in the School Leaving Certificate issued by the previous school, such applications shall be entertained. The procedure to be followed in such cases is laid down in Appendix Six.</p><p> 4. Rule 26.4 of the Secondary Schools Code, 2006 has been interpreted by the Division Bench of this Court in the matter of Shaikh Shafi Ahmed Khadarsab vs. The State of Maharashtra and others in Writ Petition No. 1138 of 2009 decided on 13<sup>th</sup> March, 2012. In paragraph-11 of the judgment cited supra, the Division Bench of this Court has observed thus:</p><p> "11. For all these reasons, we hold that the instructions contained in para 26.4 of the S.S.Code that an application for change of an entry in the General Register of a school shall be entertained only on behalf of the pupil who is attending the school meaning thereby that it shall not be entertained on behalf of the pupil who has left the school, are directory and not mandatory. In our view, such an application can be entertained even after the pupil has left the school, provided the application is bona-fide and the pupil is able to satisfy that the original entry in the General Register of the school is erroneous. The application can be rejected if the entry is not shown to be erroneous and wrong. It, however, cannot be rejected without it being considered on merits, only on the technical ground that the application has been made after the pupil has left the school."</p><p> 5. Appendix Six of the Secondary Schools Code, 2006 lays down the procedure in respect of making correction and change in names, surnames, caste/sub-caste, date of birth etc., Paragraph Nos.12 to 15 of Appendix Six reads thus:</p><p> "<strong>Change in Caste or Sub-Caste (in respect of B.C. pupils only):</strong></p><p> (12) For making changes in caste or sub-caste of Backward Class pupils the guardian of the pupil shall make an application in Form No. 3 accompanying these rules.</p><p> (13) Permission may be given to change the entries in the General Register of the school in respect of "caste" or "sub-caste" of Backward Class pupils in the following circumstances.</p><p> (i) due to wrong entries made initially;</p><p> (ii) due to change in religion;</p><p> (iii) if the caste previously treated as non-backward was subsequently declared by Government as Backward or vice-versa.</p><p> (iv) due to adoption;</p><p> (v) due to inter-caste or inter-religion marriage;</p><p> (14) For this purpose, the necessary certificates from the following authorities must accompany the application for change of caste or sub-caste:</p><p> <strong>(a) For Reasons</strong>, (i),(ii) and (iii) above:</p><p> In Greater Bombay (a) The Chief Presidency Magistrate or the Presidency Magistrate authorised by him;</p><p> Or</p><p> (b) Justice of Peace; or (Deleted)</p><p> (c) Social, Welfare Officer, Greater Bombay, Bombay.</p><p> In other areas (d) The District Magistrates or Executive Magistrates authorized by them;</p><p> or</p><p> (e) Honorary Magistrates; or (Deleted)</p><p> (f) The Social Welfare Officer of the district concerned.</p><p> (<strong>b) Due to adoption </strong>:</p><p> The original adoption-deed or a certified copy of that deed or a certificate from stipendiary Magistrate showing the change in name (if any) and the caste or sub-caste changed as a result of adoption should accompany the application for change in caste or sub-caste.</p><p> <strong>(c) Due to inter-caste or inter-religion marriage </strong>:</p><p> A declaration by the parent or guardian attested by two witnesses and the student himself/herself or certified copy of the certificate of registration of marriage should accompany the application for change in caste or sub-caste along with the certificate from the concerned competent authority mentioned in (a) above showing that the caste or sub-caste has changed as a result of the marriage.</p><p> <strong>(d) Due to any other reason </strong>:</p><p> An affidavit made before a stipendiary Magistrate by the parent or guardian should accompany the application for change in caste of sub-caste.</p><p> <strong>N.B</strong>.: The term "Backward Class" means and includes the following categories.</p><table><tbody><tr><td>1<td>Scheduled castes and Schedule Caste converts to Buddhism.<td>As per Scheduled Castes and Scheduled Tribes Lists Modification Order, 1956, as adopted for Maharashtra State.</tr><tr><td>2<td>Scheduled Tribes including those outside specified areas.<td>Vide Part VII-A of the Seventh and Eighth Schedule of the Bombay Reorganisation Act, 1960 and orders issued by Government in this behalf from time to time.</tr><tr><td>3<td>DenotifiedTribes and Nomadic Tribes.<td>As per Government Resolution, Education and Social Welfare Deptt. No. CBC. 1361-M, dated 21<sup>st</sup> November 1961 and Government from time to time.</tr><tr><td>4<td>Other Classes.<td>Backward Castes which have been declared as belonging to the other Backward Classes by Government from time to time.</tr></tbody></table><strong>General</strong>:-<p> (Please also see Annexure 36).</p><p> 15. An appeal against the decision of the Educational Inspector, Greater Bombay or as the case may be, the Education Officer, Zilla Parishad concerned, who has not sanctioned the change shall be submitted to the Deputy Director concerned within 30 days of the receipt of the order."</p><p> 6. On fulfillment of requirements laid down under Appendix Six, the application tendered for effecting change in the entries recorded in school record can be entertained. Respondents were therefore not justified in turning down the application tendered by the petitioner on the ground that the entries recorded in the school record cannot be corrected after pupil has left school. The petition, therefore, deserves to be allowed and Education Officer (Primary), Zilla Parishad, Osmanabad is required to be directed to consider the application tendered by the petitioner to the school authorities and which has been forwarded to the Education Officer (Primary), Zilla Parishad, Osmanabad, in accordance with provisions of Secondary Schools Code, 2006. The orders passed by respondent Nos. 2 and 3 impugned in this petition, are quashed and set aside and the matter is remitted back to the Education Officer (Primary), Zilla Parishad, Osmanabad for reconsideration. The Education Officer (Primary), Zilla Parishad, Osmanabad shall proceed to take decision on the application in accordance with provisions of Secondary Schools Code, 2006 and the observations made in this judgment. The petitioner shall cause appearance before the Education Officer (Primary), Zilla Parishad, Osmanabad on 29th October, 2012 and as such, no separate notice requiring petitioner's appearance before respondent No. 3 shall be essential. Respondent No. 3 shall decide the application, as expeditiously as possible, preferably within eight (8) weeks from date of appearance of petitioner before him. Rule is accordingly made absolute. No order as to costs.</p><p> 7. Pending civil application, if any, does not survive, same stands disposed of.</p>',
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	(int) 0 => '<p><strong>Oral Judgment : [ R.M. Borde, J.]</strong><p> Rule. Rule made returnable forthwith.',
	(int) 1 => '<p> With consent of the parties, the petition is taken up for final disposal at admission stage.',
	(int) 2 => '<p> 2. The petitioner claims to be belonging to Bhavsar Kshetriya caste which is included in Other Backward Class category. The petitioner is serving as Conductor in Maharashtra State Road Transport Corporation. The school record of the petitioner records caste as 'Hindu Maratha'. According to the petitioner, while securing admission in school, his father has erroneously recorded the entry as 'Hindu Maratha'. He further contends that old record pertaining to his father, uncle and other near relatives show that they belong to 'Bhavsar Kehstriya caste'. The petitioner has also been issued caste certificate by the competent authority. The son of the petitioner has also been issued caste certificate by the competent authority certifying that he belongs to 'Bhavsar Kshetriya caste' and his caste claim has been validated by the competent Committee. The petitioner, therefore, tendered application to school where he was studying for onward transmission to the Education Officer (Primary), Zilla Parishad, Osmanabad for issuing directions for affecting necessary corrections. The school authority forwarded the application with favourable recommendation to the Education Officer. The Education Officer (Primary) by his order dated 1st November, 2011 was pleased to reject the application recording that since the petitioner has left the school, the application is not maintainable.',
	(int) 3 => '<p> 3. The petitioner tendered appeal to the Deputy Director of Education, Latur Division, Latur,which was heard and disposed of by Deputy Director of Education, Latur Division, Latur on 30th January, 2012 and appeal came to be dismissed. The appellate authority has recorded in the order that rule 26.4, Appendix-Six of the Secondary Schools Code-2006 does not permit to make correction in the entries in respect of caste in the school record after pupil has left the school. According to the petitioner, reasons recorded by both the authorities for turning down his claim are erroneous and against the provisions of Secondary Schools Code, 2006. Rule 26.4 of the Secondary Schools Code, 2006 prescribe that application for change or correction of date of birth, name, surname, caste etc., as entered in the General Register shall be entertained from or on behalf of a pupil who is attending a school. It further provide that such application shall not be entertained from or on behalf of a pupil, who has left the school, as the same amounts not only to a change in the entries in the General Register but also to a change in the School Leaving Certificate. It has been further prescribed that, however, for the purposes like an admission to another educational institution the School Leaving certificate is relied upon as an evidence for name, surname, caste, date of birth etc., and in bonafide cases where wrong spelling of a word or an obvious mistake of the type mentioned in sub-rule 3 above is noticed any time after issue of the School Leaving Certificate and the same is required to be corrected so as to be consistent with the corresponding entries in the General Register of the school or those in the School Leaving Certificate issued by the previous school, such applications shall be entertained. The procedure to be followed in such cases is laid down in Appendix Six.',
	(int) 4 => '<p> 4. Rule 26.4 of the Secondary Schools Code, 2006 has been interpreted by the Division Bench of this Court in the matter of Shaikh Shafi Ahmed Khadarsab vs. The State of Maharashtra and others in Writ Petition No. 1138 of 2009 decided on 13<sup>th</sup> March, 2012. In paragraph-11 of the judgment cited supra, the Division Bench of this Court has observed thus:',
	(int) 5 => '<p> "11. For all these reasons, we hold that the instructions contained in para 26.4 of the S.S.Code that an application for change of an entry in the General Register of a school shall be entertained only on behalf of the pupil who is attending the school meaning thereby that it shall not be entertained on behalf of the pupil who has left the school, are directory and not mandatory. In our view, such an application can be entertained even after the pupil has left the school, provided the application is bona-fide and the pupil is able to satisfy that the original entry in the General Register of the school is erroneous. The application can be rejected if the entry is not shown to be erroneous and wrong. It, however, cannot be rejected without it being considered on merits, only on the technical ground that the application has been made after the pupil has left the school."',
	(int) 6 => '<p> 5. Appendix Six of the Secondary Schools Code, 2006 lays down the procedure in respect of making correction and change in names, surnames, caste/sub-caste, date of birth etc., Paragraph Nos.12 to 15 of Appendix Six reads thus:',
	(int) 7 => '<p> "<strong>Change in Caste or Sub-Caste (in respect of B.C. pupils only):</strong>',
	(int) 8 => '<p> (12) For making changes in caste or sub-caste of Backward Class pupils the guardian of the pupil shall make an application in Form No. 3 accompanying these rules.',
	(int) 9 => '<p> (13) Permission may be given to change the entries in the General Register of the school in respect of "caste" or "sub-caste" of Backward Class pupils in the following circumstances.',
	(int) 10 => '<p> (i) due to wrong entries made initially;',
	(int) 11 => '<p> (ii) due to change in religion;',
	(int) 12 => '<p> (iii) if the caste previously treated as non-backward was subsequently declared by Government as Backward or vice-versa.',
	(int) 13 => '<p> (iv) due to adoption;',
	(int) 14 => '<p> (v) due to inter-caste or inter-religion marriage;',
	(int) 15 => '<p> (14) For this purpose, the necessary certificates from the following authorities must accompany the application for change of caste or sub-caste:',
	(int) 16 => '<p> <strong>(a) For Reasons</strong>, (i),(ii) and (iii) above:',
	(int) 17 => '<p> In Greater Bombay (a) The Chief Presidency Magistrate or the Presidency Magistrate authorised by him;',
	(int) 18 => '<p> Or',
	(int) 19 => '<p> (b) Justice of Peace; or (Deleted)',
	(int) 20 => '<p> (c) Social, Welfare Officer, Greater Bombay, Bombay.',
	(int) 21 => '<p> In other areas (d) The District Magistrates or Executive Magistrates authorized by them;',
	(int) 22 => '<p> or',
	(int) 23 => '<p> (e) Honorary Magistrates; or (Deleted)',
	(int) 24 => '<p> (f) The Social Welfare Officer of the district concerned.',
	(int) 25 => '<p> (<strong>b) Due to adoption </strong>:',
	(int) 26 => '<p> The original adoption-deed or a certified copy of that deed or a certificate from stipendiary Magistrate showing the change in name (if any) and the caste or sub-caste changed as a result of adoption should accompany the application for change in caste or sub-caste.',
	(int) 27 => '<p> <strong>(c) Due to inter-caste or inter-religion marriage </strong>:',
	(int) 28 => '<p> A declaration by the parent or guardian attested by two witnesses and the student himself/herself or certified copy of the certificate of registration of marriage should accompany the application for change in caste or sub-caste along with the certificate from the concerned competent authority mentioned in (a) above showing that the caste or sub-caste has changed as a result of the marriage.',
	(int) 29 => '<p> <strong>(d) Due to any other reason </strong>:',
	(int) 30 => '<p> An affidavit made before a stipendiary Magistrate by the parent or guardian should accompany the application for change in caste of sub-caste.',
	(int) 31 => '<p> <strong>N.B</strong>.: The term "Backward Class" means and includes the following categories.',
	(int) 32 => '<table><tbody><tr><td>1<td>Scheduled castes and Schedule Caste converts to Buddhism.<td>As per Scheduled Castes and Scheduled Tribes Lists Modification Order, 1956, as adopted for Maharashtra State.</tr><tr><td>2<td>Scheduled Tribes including those outside specified areas.<td>Vide Part VII-A of the Seventh and Eighth Schedule of the Bombay Reorganisation Act, 1960 and orders issued by Government in this behalf from time to time.</tr><tr><td>3<td>DenotifiedTribes and Nomadic Tribes.<td>As per Government Resolution, Education and Social Welfare Deptt. No. CBC. 1361-M, dated 21<sup>st</sup> November 1961 and Government from time to time.</tr><tr><td>4<td>Other Classes.<td>Backward Castes which have been declared as belonging to the other Backward Classes by Government from time to time.</tr></tbody></table><strong>General</strong>:-<p> (Please also see Annexure 36).',
	(int) 33 => '<p> 15. An appeal against the decision of the Educational Inspector, Greater Bombay or as the case may be, the Education Officer, Zilla Parishad concerned, who has not sanctioned the change shall be submitted to the Deputy Director concerned within 30 days of the receipt of the order."',
	(int) 34 => '<p> 6. On fulfillment of requirements laid down under Appendix Six, the application tendered for effecting change in the entries recorded in school record can be entertained. Respondents were therefore not justified in turning down the application tendered by the petitioner on the ground that the entries recorded in the school record cannot be corrected after pupil has left school. The petition, therefore, deserves to be allowed and Education Officer (Primary), Zilla Parishad, Osmanabad is required to be directed to consider the application tendered by the petitioner to the school authorities and which has been forwarded to the Education Officer (Primary), Zilla Parishad, Osmanabad, in accordance with provisions of Secondary Schools Code, 2006. The orders passed by respondent Nos. 2 and 3 impugned in this petition, are quashed and set aside and the matter is remitted back to the Education Officer (Primary), Zilla Parishad, Osmanabad for reconsideration. The Education Officer (Primary), Zilla Parishad, Osmanabad shall proceed to take decision on the application in accordance with provisions of Secondary Schools Code, 2006 and the observations made in this judgment. The petitioner shall cause appearance before the Education Officer (Primary), Zilla Parishad, Osmanabad on 29th October, 2012 and as such, no separate notice requiring petitioner's appearance before respondent No. 3 shall be essential. Respondent No. 3 shall decide the application, as expeditiously as possible, preferably within eight (8) weeks from date of appearance of petitioner before him. Rule is accordingly made absolute. No order as to costs.',
	(int) 35 => '<p> 7. Pending civil application, if any, does not survive, same stands disposed of.',
	(int) 36 => ''
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6. On fulfillment of requirements laid down under Appendix Six, the application tendered for effecting change in the entries recorded in school record can be entertained. Respondents were therefore not justified in turning down the application tendered by the petitioner on the ground that the entries recorded in the school record cannot be corrected after pupil has left school. The petition, therefore, deserves to be allowed and Education Officer (Primary), Zilla Parishad, Osmanabad is required to be directed to consider the application tendered by the petitioner to the school authorities and which has been forwarded to the Education Officer (Primary), Zilla Parishad, Osmanabad, in accordance with provisions of Secondary Schools Code, 2006. The orders passed by respondent Nos. 2 and 3 impugned in this petition, are quashed and set aside and the matter is remitted back to the Education Officer (Primary), Zilla Parishad, Osmanabad for reconsideration. The Education Officer (Primary), Zilla Parishad, Osmanabad shall proceed to take decision on the application in accordance with provisions of Secondary Schools Code, 2006 and the observations made in this judgment. The petitioner shall cause appearance before the Education Officer (Primary), Zilla Parishad, Osmanabad on 29th October, 2012 and as such, no separate notice requiring petitioner's appearance before respondent No. 3 shall be essential. Respondent No. 3 shall decide the application, as expeditiously as possible, preferably within eight (8) weeks from date of appearance of petitioner before him. Rule is accordingly made absolute. No order as to costs.

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			'judgement' => '<p style="text-align: justify;"><strong>Oral Judgment : [ R.M. Borde, J.]</strong><p style="text-align: justify;"> Rule. Rule made returnable forthwith.</p><p style="text-align: justify;"> With consent of the parties, the petition is taken up for final disposal at admission stage.</p><p style="text-align: justify;"> 2. The petitioner claims to be belonging to Bhavsar Kshetriya caste which is included in Other Backward Class category. The petitioner is serving as Conductor in Maharashtra State Road Transport Corporation. The school record of the petitioner records caste as 'Hindu Maratha'. According to the petitioner, while securing admission in school, his father has erroneously recorded the entry as 'Hindu Maratha'. He further contends that old record pertaining to his father, uncle and other near relatives show that they belong to 'Bhavsar Kehstriya caste'. The petitioner has also been issued caste certificate by the competent authority. The son of the petitioner has also been issued caste certificate by the competent authority certifying that he belongs to 'Bhavsar Kshetriya caste' and his caste claim has been validated by the competent Committee. The petitioner, therefore, tendered application to school where he was studying for onward transmission to the Education Officer (Primary), Zilla Parishad, Osmanabad for issuing directions for affecting necessary corrections. The school authority forwarded the application with favourable recommendation to the Education Officer. The Education Officer (Primary) by his order dated 1st November, 2011 was pleased to reject the application recording that since the petitioner has left the school, the application is not maintainable.</p><p style="text-align: justify;"> 3. The petitioner tendered appeal to the Deputy Director of Education, Latur Division, Latur,which was heard and disposed of by Deputy Director of Education, Latur Division, Latur on 30th January, 2012 and appeal came to be dismissed. The appellate authority has recorded in the order that rule 26.4, Appendix-Six of the Secondary Schools Code-2006 does not permit to make correction in the entries in respect of caste in the school record after pupil has left the school. According to the petitioner, reasons recorded by both the authorities for turning down his claim are erroneous and against the provisions of Secondary Schools Code, 2006. Rule 26.4 of the Secondary Schools Code, 2006 prescribe that application for change or correction of date of birth, name, surname, caste etc., as entered in the General Register shall be entertained from or on behalf of a pupil who is attending a school. It further provide that such application shall not be entertained from or on behalf of a pupil, who has left the school, as the same amounts not only to a change in the entries in the General Register but also to a change in the School Leaving Certificate. It has been further prescribed that, however, for the purposes like an admission to another educational institution the School Leaving certificate is relied upon as an evidence for name, surname, caste, date of birth etc., and in bonafide cases where wrong spelling of a word or an obvious mistake of the type mentioned in sub-rule 3 above is noticed any time after issue of the School Leaving Certificate and the same is required to be corrected so as to be consistent with the corresponding entries in the General Register of the school or those in the School Leaving Certificate issued by the previous school, such applications shall be entertained. The procedure to be followed in such cases is laid down in Appendix Six.</p><p style="text-align: justify;"> 4. Rule 26.4 of the Secondary Schools Code, 2006 has been interpreted by the Division Bench of this Court in the matter of Shaikh Shafi Ahmed Khadarsab vs. The State of Maharashtra and others in Writ Petition No. 1138 of 2009 decided on 13<sup>th</sup> March, 2012. In paragraph-11 of the judgment cited supra, the Division Bench of this Court has observed thus:</p><p style="text-align: justify;"> "11. For all these reasons, we hold that the instructions contained in para 26.4 of the S.S.Code that an application for change of an entry in the General Register of a school shall be entertained only on behalf of the pupil who is attending the school meaning thereby that it shall not be entertained on behalf of the pupil who has left the school, are directory and not mandatory. In our view, such an application can be entertained even after the pupil has left the school, provided the application is bona-fide and the pupil is able to satisfy that the original entry in the General Register of the school is erroneous. The application can be rejected if the entry is not shown to be erroneous and wrong. It, however, cannot be rejected without it being considered on merits, only on the technical ground that the application has been made after the pupil has left the school."</p><p style="text-align: justify;"> 5. Appendix Six of the Secondary Schools Code, 2006 lays down the procedure in respect of making correction and change in names, surnames, caste/sub-caste, date of birth etc., Paragraph Nos.12 to 15 of Appendix Six reads thus:</p><p style="text-align: justify;"> "<strong>Change in Caste or Sub-Caste (in respect of B.C. pupils only):</strong></p><p style="text-align: justify;"> (12) For making changes in caste or sub-caste of Backward Class pupils the guardian of the pupil shall make an application in Form No. 3 accompanying these rules.</p><p style="text-align: justify;"> (13) Permission may be given to change the entries in the General Register of the school in respect of "caste" or "sub-caste" of Backward Class pupils in the following circumstances.</p><p style="text-align: justify;"> (i) due to wrong entries made initially;</p><p style="text-align: justify;"> (ii) due to change in religion;</p><p style="text-align: justify;"> (iii) if the caste previously treated as non-backward was subsequently declared by Government as Backward or vice-versa.</p><p style="text-align: justify;"> (iv) due to adoption;</p><p style="text-align: justify;"> (v) due to inter-caste or inter-religion marriage;</p><p style="text-align: justify;"> (14) For this purpose, the necessary certificates from the following authorities must accompany the application for change of caste or sub-caste:</p><p style="text-align: justify;"> <strong>(a) For Reasons</strong>, (i),(ii) and (iii) above:</p><p style="text-align: justify;"> In Greater Bombay (a) The Chief Presidency Magistrate or the Presidency Magistrate authorised by him;</p><p style="text-align: justify;"> Or</p><p style="text-align: justify;"> (b) Justice of Peace; or (Deleted)</p><p style="text-align: justify;"> (c) Social, Welfare Officer, Greater Bombay, Bombay.</p><p style="text-align: justify;"> In other areas (d) The District Magistrates or Executive Magistrates authorized by them;</p><p style="text-align: justify;"> or</p><p style="text-align: justify;"> (e) Honorary Magistrates; or (Deleted)</p><p style="text-align: justify;"> (f) The Social Welfare Officer of the district concerned.</p><p style="text-align: justify;"> (<strong>b) Due to adoption </strong>:</p><p style="text-align: justify;"> The original adoption-deed or a certified copy of that deed or a certificate from stipendiary Magistrate showing the change in name (if any) and the caste or sub-caste changed as a result of adoption should accompany the application for change in caste or sub-caste.</p><p style="text-align: justify;"> <strong>(c) Due to inter-caste or inter-religion marriage </strong>:</p><p style="text-align: justify;"> A declaration by the parent or guardian attested by two witnesses and the student himself/herself or certified copy of the certificate of registration of marriage should accompany the application for change in caste or sub-caste along with the certificate from the concerned competent authority mentioned in (a) above showing that the caste or sub-caste has changed as a result of the marriage.</p><p style="text-align: justify;"> <strong>(d) Due to any other reason </strong>:</p><p style="text-align: justify;"> An affidavit made before a stipendiary Magistrate by the parent or guardian should accompany the application for change in caste of sub-caste.</p><p style="text-align: justify;"> <strong>N.B</strong>.: The term "Backward Class" means and includes the following categories.</p><table border="1" cellpadding="0" cellspacing="0"><tbody><tr><td style="width: 43px">1<td style="width: 251px">Scheduled castes and Schedule Caste converts to Buddhism.<td style="width: 282px">As per Scheduled Castes and Scheduled Tribes Lists Modification Order, 1956, as adopted for Maharashtra State.</tr><tr><td style="width: 43px">2<td style="width: 251px">Scheduled Tribes including those outside specified areas.<td style="width: 282px">Vide Part VII-A of the Seventh and Eighth Schedule of the Bombay Reorganisation Act, 1960 and orders issued by Government in this behalf from time to time.</tr><tr><td style="width: 43px">3<td style="width: 251px">DenotifiedTribes and Nomadic Tribes.<td style="width: 282px">As per Government Resolution, Education and Social Welfare Deptt. No. CBC. 1361-M, dated 21<sup>st</sup> November 1961 and Government from time to time.</tr><tr><td style="width: 43px">4<td style="width: 251px">Other Classes.<td style="width: 282px">Backward Castes which have been declared as belonging to the other Backward Classes by Government from time to time.</tr></tbody></table><strong>General</strong>:-<p style="text-align: justify;"> (Please also see Annexure 36).</p><p style="text-align: justify;"> 15. An appeal against the decision of the Educational Inspector, Greater Bombay or as the case may be, the Education Officer, Zilla Parishad concerned, who has not sanctioned the change shall be submitted to the Deputy Director concerned within 30 days of the receipt of the order."</p><p style="text-align: justify;"> 6. On fulfillment of requirements laid down under Appendix Six, the application tendered for effecting change in the entries recorded in school record can be entertained. Respondents were therefore not justified in turning down the application tendered by the petitioner on the ground that the entries recorded in the school record cannot be corrected after pupil has left school. The petition, therefore, deserves to be allowed and Education Officer (Primary), Zilla Parishad, Osmanabad is required to be directed to consider the application tendered by the petitioner to the school authorities and which has been forwarded to the Education Officer (Primary), Zilla Parishad, Osmanabad, in accordance with provisions of Secondary Schools Code, 2006. The orders passed by respondent Nos. 2 and 3 impugned in this petition, are quashed and set aside and the matter is remitted back to the Education Officer (Primary), Zilla Parishad, Osmanabad for reconsideration. The Education Officer (Primary), Zilla Parishad, Osmanabad shall proceed to take decision on the application in accordance with provisions of Secondary Schools Code, 2006 and the observations made in this judgment. The petitioner shall cause appearance before the Education Officer (Primary), Zilla Parishad, Osmanabad on 29th October, 2012 and as such, no separate notice requiring petitioner's appearance before respondent No. 3 shall be essential. Respondent No. 3 shall decide the application, as expeditiously as possible, preferably within eight (8) weeks from date of appearance of petitioner before him. Rule is accordingly made absolute. No order as to costs.</p><p style="text-align: justify;"> 7. Pending civil application, if any, does not survive, same stands disposed of.</p>',
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		'judgement' => '<p><strong>Oral Judgment : [ R.M. Borde, J.]</strong><p> Rule. Rule made returnable forthwith.</p><p> With consent of the parties, the petition is taken up for final disposal at admission stage.</p><p> 2. The petitioner claims to be belonging to Bhavsar Kshetriya caste which is included in Other Backward Class category. The petitioner is serving as Conductor in Maharashtra State Road Transport Corporation. The school record of the petitioner records caste as 'Hindu Maratha'. According to the petitioner, while securing admission in school, his father has erroneously recorded the entry as 'Hindu Maratha'. He further contends that old record pertaining to his father, uncle and other near relatives show that they belong to 'Bhavsar Kehstriya caste'. The petitioner has also been issued caste certificate by the competent authority. The son of the petitioner has also been issued caste certificate by the competent authority certifying that he belongs to 'Bhavsar Kshetriya caste' and his caste claim has been validated by the competent Committee. The petitioner, therefore, tendered application to school where he was studying for onward transmission to the Education Officer (Primary), Zilla Parishad, Osmanabad for issuing directions for affecting necessary corrections. The school authority forwarded the application with favourable recommendation to the Education Officer. The Education Officer (Primary) by his order dated 1st November, 2011 was pleased to reject the application recording that since the petitioner has left the school, the application is not maintainable.</p><p> 3. The petitioner tendered appeal to the Deputy Director of Education, Latur Division, Latur,which was heard and disposed of by Deputy Director of Education, Latur Division, Latur on 30th January, 2012 and appeal came to be dismissed. The appellate authority has recorded in the order that rule 26.4, Appendix-Six of the Secondary Schools Code-2006 does not permit to make correction in the entries in respect of caste in the school record after pupil has left the school. According to the petitioner, reasons recorded by both the authorities for turning down his claim are erroneous and against the provisions of Secondary Schools Code, 2006. Rule 26.4 of the Secondary Schools Code, 2006 prescribe that application for change or correction of date of birth, name, surname, caste etc., as entered in the General Register shall be entertained from or on behalf of a pupil who is attending a school. It further provide that such application shall not be entertained from or on behalf of a pupil, who has left the school, as the same amounts not only to a change in the entries in the General Register but also to a change in the School Leaving Certificate. It has been further prescribed that, however, for the purposes like an admission to another educational institution the School Leaving certificate is relied upon as an evidence for name, surname, caste, date of birth etc., and in bonafide cases where wrong spelling of a word or an obvious mistake of the type mentioned in sub-rule 3 above is noticed any time after issue of the School Leaving Certificate and the same is required to be corrected so as to be consistent with the corresponding entries in the General Register of the school or those in the School Leaving Certificate issued by the previous school, such applications shall be entertained. The procedure to be followed in such cases is laid down in Appendix Six.</p><p> 4. Rule 26.4 of the Secondary Schools Code, 2006 has been interpreted by the Division Bench of this Court in the matter of Shaikh Shafi Ahmed Khadarsab vs. The State of Maharashtra and others in Writ Petition No. 1138 of 2009 decided on 13<sup>th</sup> March, 2012. In paragraph-11 of the judgment cited supra, the Division Bench of this Court has observed thus:</p><p> "11. For all these reasons, we hold that the instructions contained in para 26.4 of the S.S.Code that an application for change of an entry in the General Register of a school shall be entertained only on behalf of the pupil who is attending the school meaning thereby that it shall not be entertained on behalf of the pupil who has left the school, are directory and not mandatory. In our view, such an application can be entertained even after the pupil has left the school, provided the application is bona-fide and the pupil is able to satisfy that the original entry in the General Register of the school is erroneous. The application can be rejected if the entry is not shown to be erroneous and wrong. It, however, cannot be rejected without it being considered on merits, only on the technical ground that the application has been made after the pupil has left the school."</p><p> 5. Appendix Six of the Secondary Schools Code, 2006 lays down the procedure in respect of making correction and change in names, surnames, caste/sub-caste, date of birth etc., Paragraph Nos.12 to 15 of Appendix Six reads thus:</p><p> "<strong>Change in Caste or Sub-Caste (in respect of B.C. pupils only):</strong></p><p> (12) For making changes in caste or sub-caste of Backward Class pupils the guardian of the pupil shall make an application in Form No. 3 accompanying these rules.</p><p> (13) Permission may be given to change the entries in the General Register of the school in respect of "caste" or "sub-caste" of Backward Class pupils in the following circumstances.</p><p> (i) due to wrong entries made initially;</p><p> (ii) due to change in religion;</p><p> (iii) if the caste previously treated as non-backward was subsequently declared by Government as Backward or vice-versa.</p><p> (iv) due to adoption;</p><p> (v) due to inter-caste or inter-religion marriage;</p><p> (14) For this purpose, the necessary certificates from the following authorities must accompany the application for change of caste or sub-caste:</p><p> <strong>(a) For Reasons</strong>, (i),(ii) and (iii) above:</p><p> In Greater Bombay (a) The Chief Presidency Magistrate or the Presidency Magistrate authorised by him;</p><p> Or</p><p> (b) Justice of Peace; or (Deleted)</p><p> (c) Social, Welfare Officer, Greater Bombay, Bombay.</p><p> In other areas (d) The District Magistrates or Executive Magistrates authorized by them;</p><p> or</p><p> (e) Honorary Magistrates; or (Deleted)</p><p> (f) The Social Welfare Officer of the district concerned.</p><p> (<strong>b) Due to adoption </strong>:</p><p> The original adoption-deed or a certified copy of that deed or a certificate from stipendiary Magistrate showing the change in name (if any) and the caste or sub-caste changed as a result of adoption should accompany the application for change in caste or sub-caste.</p><p> <strong>(c) Due to inter-caste or inter-religion marriage </strong>:</p><p> A declaration by the parent or guardian attested by two witnesses and the student himself/herself or certified copy of the certificate of registration of marriage should accompany the application for change in caste or sub-caste along with the certificate from the concerned competent authority mentioned in (a) above showing that the caste or sub-caste has changed as a result of the marriage.</p><p> <strong>(d) Due to any other reason </strong>:</p><p> An affidavit made before a stipendiary Magistrate by the parent or guardian should accompany the application for change in caste of sub-caste.</p><p> <strong>N.B</strong>.: The term "Backward Class" means and includes the following categories.</p><table><tbody><tr><td>1<td>Scheduled castes and Schedule Caste converts to Buddhism.<td>As per Scheduled Castes and Scheduled Tribes Lists Modification Order, 1956, as adopted for Maharashtra State.</tr><tr><td>2<td>Scheduled Tribes including those outside specified areas.<td>Vide Part VII-A of the Seventh and Eighth Schedule of the Bombay Reorganisation Act, 1960 and orders issued by Government in this behalf from time to time.</tr><tr><td>3<td>DenotifiedTribes and Nomadic Tribes.<td>As per Government Resolution, Education and Social Welfare Deptt. No. CBC. 1361-M, dated 21<sup>st</sup> November 1961 and Government from time to time.</tr><tr><td>4<td>Other Classes.<td>Backward Castes which have been declared as belonging to the other Backward Classes by Government from time to time.</tr></tbody></table><strong>General</strong>:-<p> (Please also see Annexure 36).</p><p> 15. An appeal against the decision of the Educational Inspector, Greater Bombay or as the case may be, the Education Officer, Zilla Parishad concerned, who has not sanctioned the change shall be submitted to the Deputy Director concerned within 30 days of the receipt of the order."</p><p> 6. On fulfillment of requirements laid down under Appendix Six, the application tendered for effecting change in the entries recorded in school record can be entertained. Respondents were therefore not justified in turning down the application tendered by the petitioner on the ground that the entries recorded in the school record cannot be corrected after pupil has left school. The petition, therefore, deserves to be allowed and Education Officer (Primary), Zilla Parishad, Osmanabad is required to be directed to consider the application tendered by the petitioner to the school authorities and which has been forwarded to the Education Officer (Primary), Zilla Parishad, Osmanabad, in accordance with provisions of Secondary Schools Code, 2006. The orders passed by respondent Nos. 2 and 3 impugned in this petition, are quashed and set aside and the matter is remitted back to the Education Officer (Primary), Zilla Parishad, Osmanabad for reconsideration. The Education Officer (Primary), Zilla Parishad, Osmanabad shall proceed to take decision on the application in accordance with provisions of Secondary Schools Code, 2006 and the observations made in this judgment. The petitioner shall cause appearance before the Education Officer (Primary), Zilla Parishad, Osmanabad on 29th October, 2012 and as such, no separate notice requiring petitioner's appearance before respondent No. 3 shall be essential. Respondent No. 3 shall decide the application, as expeditiously as possible, preferably within eight (8) weeks from date of appearance of petitioner before him. Rule is accordingly made absolute. No order as to costs.</p><p> 7. Pending civil application, if any, does not survive, same stands disposed of.</p>',
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	(int) 1 => '<p> With consent of the parties, the petition is taken up for final disposal at admission stage.',
	(int) 2 => '<p> 2. The petitioner claims to be belonging to Bhavsar Kshetriya caste which is included in Other Backward Class category. The petitioner is serving as Conductor in Maharashtra State Road Transport Corporation. The school record of the petitioner records caste as 'Hindu Maratha'. According to the petitioner, while securing admission in school, his father has erroneously recorded the entry as 'Hindu Maratha'. He further contends that old record pertaining to his father, uncle and other near relatives show that they belong to 'Bhavsar Kehstriya caste'. The petitioner has also been issued caste certificate by the competent authority. The son of the petitioner has also been issued caste certificate by the competent authority certifying that he belongs to 'Bhavsar Kshetriya caste' and his caste claim has been validated by the competent Committee. The petitioner, therefore, tendered application to school where he was studying for onward transmission to the Education Officer (Primary), Zilla Parishad, Osmanabad for issuing directions for affecting necessary corrections. The school authority forwarded the application with favourable recommendation to the Education Officer. The Education Officer (Primary) by his order dated 1st November, 2011 was pleased to reject the application recording that since the petitioner has left the school, the application is not maintainable.',
	(int) 3 => '<p> 3. The petitioner tendered appeal to the Deputy Director of Education, Latur Division, Latur,which was heard and disposed of by Deputy Director of Education, Latur Division, Latur on 30th January, 2012 and appeal came to be dismissed. The appellate authority has recorded in the order that rule 26.4, Appendix-Six of the Secondary Schools Code-2006 does not permit to make correction in the entries in respect of caste in the school record after pupil has left the school. According to the petitioner, reasons recorded by both the authorities for turning down his claim are erroneous and against the provisions of Secondary Schools Code, 2006. Rule 26.4 of the Secondary Schools Code, 2006 prescribe that application for change or correction of date of birth, name, surname, caste etc., as entered in the General Register shall be entertained from or on behalf of a pupil who is attending a school. It further provide that such application shall not be entertained from or on behalf of a pupil, who has left the school, as the same amounts not only to a change in the entries in the General Register but also to a change in the School Leaving Certificate. It has been further prescribed that, however, for the purposes like an admission to another educational institution the School Leaving certificate is relied upon as an evidence for name, surname, caste, date of birth etc., and in bonafide cases where wrong spelling of a word or an obvious mistake of the type mentioned in sub-rule 3 above is noticed any time after issue of the School Leaving Certificate and the same is required to be corrected so as to be consistent with the corresponding entries in the General Register of the school or those in the School Leaving Certificate issued by the previous school, such applications shall be entertained. The procedure to be followed in such cases is laid down in Appendix Six.',
	(int) 4 => '<p> 4. Rule 26.4 of the Secondary Schools Code, 2006 has been interpreted by the Division Bench of this Court in the matter of Shaikh Shafi Ahmed Khadarsab vs. The State of Maharashtra and others in Writ Petition No. 1138 of 2009 decided on 13<sup>th</sup> March, 2012. In paragraph-11 of the judgment cited supra, the Division Bench of this Court has observed thus:',
	(int) 5 => '<p> "11. For all these reasons, we hold that the instructions contained in para 26.4 of the S.S.Code that an application for change of an entry in the General Register of a school shall be entertained only on behalf of the pupil who is attending the school meaning thereby that it shall not be entertained on behalf of the pupil who has left the school, are directory and not mandatory. In our view, such an application can be entertained even after the pupil has left the school, provided the application is bona-fide and the pupil is able to satisfy that the original entry in the General Register of the school is erroneous. The application can be rejected if the entry is not shown to be erroneous and wrong. It, however, cannot be rejected without it being considered on merits, only on the technical ground that the application has been made after the pupil has left the school."',
	(int) 6 => '<p> 5. Appendix Six of the Secondary Schools Code, 2006 lays down the procedure in respect of making correction and change in names, surnames, caste/sub-caste, date of birth etc., Paragraph Nos.12 to 15 of Appendix Six reads thus:',
	(int) 7 => '<p> "<strong>Change in Caste or Sub-Caste (in respect of B.C. pupils only):</strong>',
	(int) 8 => '<p> (12) For making changes in caste or sub-caste of Backward Class pupils the guardian of the pupil shall make an application in Form No. 3 accompanying these rules.',
	(int) 9 => '<p> (13) Permission may be given to change the entries in the General Register of the school in respect of "caste" or "sub-caste" of Backward Class pupils in the following circumstances.',
	(int) 10 => '<p> (i) due to wrong entries made initially;',
	(int) 11 => '<p> (ii) due to change in religion;',
	(int) 12 => '<p> (iii) if the caste previously treated as non-backward was subsequently declared by Government as Backward or vice-versa.',
	(int) 13 => '<p> (iv) due to adoption;',
	(int) 14 => '<p> (v) due to inter-caste or inter-religion marriage;',
	(int) 15 => '<p> (14) For this purpose, the necessary certificates from the following authorities must accompany the application for change of caste or sub-caste:',
	(int) 16 => '<p> <strong>(a) For Reasons</strong>, (i),(ii) and (iii) above:',
	(int) 17 => '<p> In Greater Bombay (a) The Chief Presidency Magistrate or the Presidency Magistrate authorised by him;',
	(int) 18 => '<p> Or',
	(int) 19 => '<p> (b) Justice of Peace; or (Deleted)',
	(int) 20 => '<p> (c) Social, Welfare Officer, Greater Bombay, Bombay.',
	(int) 21 => '<p> In other areas (d) The District Magistrates or Executive Magistrates authorized by them;',
	(int) 22 => '<p> or',
	(int) 23 => '<p> (e) Honorary Magistrates; or (Deleted)',
	(int) 24 => '<p> (f) The Social Welfare Officer of the district concerned.',
	(int) 25 => '<p> (<strong>b) Due to adoption </strong>:',
	(int) 26 => '<p> The original adoption-deed or a certified copy of that deed or a certificate from stipendiary Magistrate showing the change in name (if any) and the caste or sub-caste changed as a result of adoption should accompany the application for change in caste or sub-caste.',
	(int) 27 => '<p> <strong>(c) Due to inter-caste or inter-religion marriage </strong>:',
	(int) 28 => '<p> A declaration by the parent or guardian attested by two witnesses and the student himself/herself or certified copy of the certificate of registration of marriage should accompany the application for change in caste or sub-caste along with the certificate from the concerned competent authority mentioned in (a) above showing that the caste or sub-caste has changed as a result of the marriage.',
	(int) 29 => '<p> <strong>(d) Due to any other reason </strong>:',
	(int) 30 => '<p> An affidavit made before a stipendiary Magistrate by the parent or guardian should accompany the application for change in caste of sub-caste.',
	(int) 31 => '<p> <strong>N.B</strong>.: The term "Backward Class" means and includes the following categories.',
	(int) 32 => '<table><tbody><tr><td>1<td>Scheduled castes and Schedule Caste converts to Buddhism.<td>As per Scheduled Castes and Scheduled Tribes Lists Modification Order, 1956, as adopted for Maharashtra State.</tr><tr><td>2<td>Scheduled Tribes including those outside specified areas.<td>Vide Part VII-A of the Seventh and Eighth Schedule of the Bombay Reorganisation Act, 1960 and orders issued by Government in this behalf from time to time.</tr><tr><td>3<td>DenotifiedTribes and Nomadic Tribes.<td>As per Government Resolution, Education and Social Welfare Deptt. No. CBC. 1361-M, dated 21<sup>st</sup> November 1961 and Government from time to time.</tr><tr><td>4<td>Other Classes.<td>Backward Castes which have been declared as belonging to the other Backward Classes by Government from time to time.</tr></tbody></table><strong>General</strong>:-<p> (Please also see Annexure 36).',
	(int) 33 => '<p> 15. An appeal against the decision of the Educational Inspector, Greater Bombay or as the case may be, the Education Officer, Zilla Parishad concerned, who has not sanctioned the change shall be submitted to the Deputy Director concerned within 30 days of the receipt of the order."',
	(int) 34 => '<p> 6. On fulfillment of requirements laid down under Appendix Six, the application tendered for effecting change in the entries recorded in school record can be entertained. Respondents were therefore not justified in turning down the application tendered by the petitioner on the ground that the entries recorded in the school record cannot be corrected after pupil has left school. The petition, therefore, deserves to be allowed and Education Officer (Primary), Zilla Parishad, Osmanabad is required to be directed to consider the application tendered by the petitioner to the school authorities and which has been forwarded to the Education Officer (Primary), Zilla Parishad, Osmanabad, in accordance with provisions of Secondary Schools Code, 2006. The orders passed by respondent Nos. 2 and 3 impugned in this petition, are quashed and set aside and the matter is remitted back to the Education Officer (Primary), Zilla Parishad, Osmanabad for reconsideration. The Education Officer (Primary), Zilla Parishad, Osmanabad shall proceed to take decision on the application in accordance with provisions of Secondary Schools Code, 2006 and the observations made in this judgment. The petitioner shall cause appearance before the Education Officer (Primary), Zilla Parishad, Osmanabad on 29th October, 2012 and as such, no separate notice requiring petitioner's appearance before respondent No. 3 shall be essential. Respondent No. 3 shall decide the application, as expeditiously as possible, preferably within eight (8) weeks from date of appearance of petitioner before him. Rule is accordingly made absolute. No order as to costs.',
	(int) 35 => '<p> 7. Pending civil application, if any, does not survive, same stands disposed of.',
	(int) 36 => ''
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7. Pending civil application, if any, does not survive, same stands disposed of.

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			'appealno' => 'Writ Petition No.3266 of 2012 ',
			'appellant' => 'Vilas S/O Dattatraya Ransubhe',
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			'casename' => 'Vilas S/O Dattatraya Ransubhe Vs. the State of Maharashtra, Through the Secretary, School Education and Sports Department and Others',
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			'judgement' => '<p style="text-align: justify;"><strong>Oral Judgment : [ R.M. Borde, J.]</strong><p style="text-align: justify;"> Rule. Rule made returnable forthwith.</p><p style="text-align: justify;"> With consent of the parties, the petition is taken up for final disposal at admission stage.</p><p style="text-align: justify;"> 2. The petitioner claims to be belonging to Bhavsar Kshetriya caste which is included in Other Backward Class category. The petitioner is serving as Conductor in Maharashtra State Road Transport Corporation. The school record of the petitioner records caste as 'Hindu Maratha'. According to the petitioner, while securing admission in school, his father has erroneously recorded the entry as 'Hindu Maratha'. He further contends that old record pertaining to his father, uncle and other near relatives show that they belong to 'Bhavsar Kehstriya caste'. The petitioner has also been issued caste certificate by the competent authority. The son of the petitioner has also been issued caste certificate by the competent authority certifying that he belongs to 'Bhavsar Kshetriya caste' and his caste claim has been validated by the competent Committee. The petitioner, therefore, tendered application to school where he was studying for onward transmission to the Education Officer (Primary), Zilla Parishad, Osmanabad for issuing directions for affecting necessary corrections. The school authority forwarded the application with favourable recommendation to the Education Officer. The Education Officer (Primary) by his order dated 1st November, 2011 was pleased to reject the application recording that since the petitioner has left the school, the application is not maintainable.</p><p style="text-align: justify;"> 3. The petitioner tendered appeal to the Deputy Director of Education, Latur Division, Latur,which was heard and disposed of by Deputy Director of Education, Latur Division, Latur on 30th January, 2012 and appeal came to be dismissed. The appellate authority has recorded in the order that rule 26.4, Appendix-Six of the Secondary Schools Code-2006 does not permit to make correction in the entries in respect of caste in the school record after pupil has left the school. According to the petitioner, reasons recorded by both the authorities for turning down his claim are erroneous and against the provisions of Secondary Schools Code, 2006. Rule 26.4 of the Secondary Schools Code, 2006 prescribe that application for change or correction of date of birth, name, surname, caste etc., as entered in the General Register shall be entertained from or on behalf of a pupil who is attending a school. It further provide that such application shall not be entertained from or on behalf of a pupil, who has left the school, as the same amounts not only to a change in the entries in the General Register but also to a change in the School Leaving Certificate. It has been further prescribed that, however, for the purposes like an admission to another educational institution the School Leaving certificate is relied upon as an evidence for name, surname, caste, date of birth etc., and in bonafide cases where wrong spelling of a word or an obvious mistake of the type mentioned in sub-rule 3 above is noticed any time after issue of the School Leaving Certificate and the same is required to be corrected so as to be consistent with the corresponding entries in the General Register of the school or those in the School Leaving Certificate issued by the previous school, such applications shall be entertained. The procedure to be followed in such cases is laid down in Appendix Six.</p><p style="text-align: justify;"> 4. Rule 26.4 of the Secondary Schools Code, 2006 has been interpreted by the Division Bench of this Court in the matter of Shaikh Shafi Ahmed Khadarsab vs. The State of Maharashtra and others in Writ Petition No. 1138 of 2009 decided on 13<sup>th</sup> March, 2012. In paragraph-11 of the judgment cited supra, the Division Bench of this Court has observed thus:</p><p style="text-align: justify;"> "11. For all these reasons, we hold that the instructions contained in para 26.4 of the S.S.Code that an application for change of an entry in the General Register of a school shall be entertained only on behalf of the pupil who is attending the school meaning thereby that it shall not be entertained on behalf of the pupil who has left the school, are directory and not mandatory. In our view, such an application can be entertained even after the pupil has left the school, provided the application is bona-fide and the pupil is able to satisfy that the original entry in the General Register of the school is erroneous. The application can be rejected if the entry is not shown to be erroneous and wrong. It, however, cannot be rejected without it being considered on merits, only on the technical ground that the application has been made after the pupil has left the school."</p><p style="text-align: justify;"> 5. Appendix Six of the Secondary Schools Code, 2006 lays down the procedure in respect of making correction and change in names, surnames, caste/sub-caste, date of birth etc., Paragraph Nos.12 to 15 of Appendix Six reads thus:</p><p style="text-align: justify;"> "<strong>Change in Caste or Sub-Caste (in respect of B.C. pupils only):</strong></p><p style="text-align: justify;"> (12) For making changes in caste or sub-caste of Backward Class pupils the guardian of the pupil shall make an application in Form No. 3 accompanying these rules.</p><p style="text-align: justify;"> (13) Permission may be given to change the entries in the General Register of the school in respect of "caste" or "sub-caste" of Backward Class pupils in the following circumstances.</p><p style="text-align: justify;"> (i) due to wrong entries made initially;</p><p style="text-align: justify;"> (ii) due to change in religion;</p><p style="text-align: justify;"> (iii) if the caste previously treated as non-backward was subsequently declared by Government as Backward or vice-versa.</p><p style="text-align: justify;"> (iv) due to adoption;</p><p style="text-align: justify;"> (v) due to inter-caste or inter-religion marriage;</p><p style="text-align: justify;"> (14) For this purpose, the necessary certificates from the following authorities must accompany the application for change of caste or sub-caste:</p><p style="text-align: justify;"> <strong>(a) For Reasons</strong>, (i),(ii) and (iii) above:</p><p style="text-align: justify;"> In Greater Bombay (a) The Chief Presidency Magistrate or the Presidency Magistrate authorised by him;</p><p style="text-align: justify;"> Or</p><p style="text-align: justify;"> (b) Justice of Peace; or (Deleted)</p><p style="text-align: justify;"> (c) Social, Welfare Officer, Greater Bombay, Bombay.</p><p style="text-align: justify;"> In other areas (d) The District Magistrates or Executive Magistrates authorized by them;</p><p style="text-align: justify;"> or</p><p style="text-align: justify;"> (e) Honorary Magistrates; or (Deleted)</p><p style="text-align: justify;"> (f) The Social Welfare Officer of the district concerned.</p><p style="text-align: justify;"> (<strong>b) Due to adoption </strong>:</p><p style="text-align: justify;"> The original adoption-deed or a certified copy of that deed or a certificate from stipendiary Magistrate showing the change in name (if any) and the caste or sub-caste changed as a result of adoption should accompany the application for change in caste or sub-caste.</p><p style="text-align: justify;"> <strong>(c) Due to inter-caste or inter-religion marriage </strong>:</p><p style="text-align: justify;"> A declaration by the parent or guardian attested by two witnesses and the student himself/herself or certified copy of the certificate of registration of marriage should accompany the application for change in caste or sub-caste along with the certificate from the concerned competent authority mentioned in (a) above showing that the caste or sub-caste has changed as a result of the marriage.</p><p style="text-align: justify;"> <strong>(d) Due to any other reason </strong>:</p><p style="text-align: justify;"> An affidavit made before a stipendiary Magistrate by the parent or guardian should accompany the application for change in caste of sub-caste.</p><p style="text-align: justify;"> <strong>N.B</strong>.: The term "Backward Class" means and includes the following categories.</p><table border="1" cellpadding="0" cellspacing="0"><tbody><tr><td style="width: 43px">1<td style="width: 251px">Scheduled castes and Schedule Caste converts to Buddhism.<td style="width: 282px">As per Scheduled Castes and Scheduled Tribes Lists Modification Order, 1956, as adopted for Maharashtra State.</tr><tr><td style="width: 43px">2<td style="width: 251px">Scheduled Tribes including those outside specified areas.<td style="width: 282px">Vide Part VII-A of the Seventh and Eighth Schedule of the Bombay Reorganisation Act, 1960 and orders issued by Government in this behalf from time to time.</tr><tr><td style="width: 43px">3<td style="width: 251px">DenotifiedTribes and Nomadic Tribes.<td style="width: 282px">As per Government Resolution, Education and Social Welfare Deptt. No. CBC. 1361-M, dated 21<sup>st</sup> November 1961 and Government from time to time.</tr><tr><td style="width: 43px">4<td style="width: 251px">Other Classes.<td style="width: 282px">Backward Castes which have been declared as belonging to the other Backward Classes by Government from time to time.</tr></tbody></table><strong>General</strong>:-<p style="text-align: justify;"> (Please also see Annexure 36).</p><p style="text-align: justify;"> 15. An appeal against the decision of the Educational Inspector, Greater Bombay or as the case may be, the Education Officer, Zilla Parishad concerned, who has not sanctioned the change shall be submitted to the Deputy Director concerned within 30 days of the receipt of the order."</p><p style="text-align: justify;"> 6. On fulfillment of requirements laid down under Appendix Six, the application tendered for effecting change in the entries recorded in school record can be entertained. Respondents were therefore not justified in turning down the application tendered by the petitioner on the ground that the entries recorded in the school record cannot be corrected after pupil has left school. The petition, therefore, deserves to be allowed and Education Officer (Primary), Zilla Parishad, Osmanabad is required to be directed to consider the application tendered by the petitioner to the school authorities and which has been forwarded to the Education Officer (Primary), Zilla Parishad, Osmanabad, in accordance with provisions of Secondary Schools Code, 2006. The orders passed by respondent Nos. 2 and 3 impugned in this petition, are quashed and set aside and the matter is remitted back to the Education Officer (Primary), Zilla Parishad, Osmanabad for reconsideration. The Education Officer (Primary), Zilla Parishad, Osmanabad shall proceed to take decision on the application in accordance with provisions of Secondary Schools Code, 2006 and the observations made in this judgment. The petitioner shall cause appearance before the Education Officer (Primary), Zilla Parishad, Osmanabad on 29th October, 2012 and as such, no separate notice requiring petitioner's appearance before respondent No. 3 shall be essential. Respondent No. 3 shall decide the application, as expeditiously as possible, preferably within eight (8) weeks from date of appearance of petitioner before him. Rule is accordingly made absolute. No order as to costs.</p><p style="text-align: justify;"> 7. Pending civil application, if any, does not survive, same stands disposed of.</p>',
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		'casename' => 'Vilas S/O Dattatraya Ransubhe Vs. the State of Maharashtra, Through the Secretary, School Education and Sports Department and Others',
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		'judgement' => '<p><strong>Oral Judgment : [ R.M. Borde, J.]</strong><p> Rule. Rule made returnable forthwith.</p><p> With consent of the parties, the petition is taken up for final disposal at admission stage.</p><p> 2. The petitioner claims to be belonging to Bhavsar Kshetriya caste which is included in Other Backward Class category. The petitioner is serving as Conductor in Maharashtra State Road Transport Corporation. The school record of the petitioner records caste as 'Hindu Maratha'. According to the petitioner, while securing admission in school, his father has erroneously recorded the entry as 'Hindu Maratha'. He further contends that old record pertaining to his father, uncle and other near relatives show that they belong to 'Bhavsar Kehstriya caste'. The petitioner has also been issued caste certificate by the competent authority. The son of the petitioner has also been issued caste certificate by the competent authority certifying that he belongs to 'Bhavsar Kshetriya caste' and his caste claim has been validated by the competent Committee. The petitioner, therefore, tendered application to school where he was studying for onward transmission to the Education Officer (Primary), Zilla Parishad, Osmanabad for issuing directions for affecting necessary corrections. The school authority forwarded the application with favourable recommendation to the Education Officer. The Education Officer (Primary) by his order dated 1st November, 2011 was pleased to reject the application recording that since the petitioner has left the school, the application is not maintainable.</p><p> 3. The petitioner tendered appeal to the Deputy Director of Education, Latur Division, Latur,which was heard and disposed of by Deputy Director of Education, Latur Division, Latur on 30th January, 2012 and appeal came to be dismissed. The appellate authority has recorded in the order that rule 26.4, Appendix-Six of the Secondary Schools Code-2006 does not permit to make correction in the entries in respect of caste in the school record after pupil has left the school. According to the petitioner, reasons recorded by both the authorities for turning down his claim are erroneous and against the provisions of Secondary Schools Code, 2006. Rule 26.4 of the Secondary Schools Code, 2006 prescribe that application for change or correction of date of birth, name, surname, caste etc., as entered in the General Register shall be entertained from or on behalf of a pupil who is attending a school. It further provide that such application shall not be entertained from or on behalf of a pupil, who has left the school, as the same amounts not only to a change in the entries in the General Register but also to a change in the School Leaving Certificate. It has been further prescribed that, however, for the purposes like an admission to another educational institution the School Leaving certificate is relied upon as an evidence for name, surname, caste, date of birth etc., and in bonafide cases where wrong spelling of a word or an obvious mistake of the type mentioned in sub-rule 3 above is noticed any time after issue of the School Leaving Certificate and the same is required to be corrected so as to be consistent with the corresponding entries in the General Register of the school or those in the School Leaving Certificate issued by the previous school, such applications shall be entertained. The procedure to be followed in such cases is laid down in Appendix Six.</p><p> 4. Rule 26.4 of the Secondary Schools Code, 2006 has been interpreted by the Division Bench of this Court in the matter of Shaikh Shafi Ahmed Khadarsab vs. The State of Maharashtra and others in Writ Petition No. 1138 of 2009 decided on 13<sup>th</sup> March, 2012. In paragraph-11 of the judgment cited supra, the Division Bench of this Court has observed thus:</p><p> "11. For all these reasons, we hold that the instructions contained in para 26.4 of the S.S.Code that an application for change of an entry in the General Register of a school shall be entertained only on behalf of the pupil who is attending the school meaning thereby that it shall not be entertained on behalf of the pupil who has left the school, are directory and not mandatory. In our view, such an application can be entertained even after the pupil has left the school, provided the application is bona-fide and the pupil is able to satisfy that the original entry in the General Register of the school is erroneous. The application can be rejected if the entry is not shown to be erroneous and wrong. It, however, cannot be rejected without it being considered on merits, only on the technical ground that the application has been made after the pupil has left the school."</p><p> 5. Appendix Six of the Secondary Schools Code, 2006 lays down the procedure in respect of making correction and change in names, surnames, caste/sub-caste, date of birth etc., Paragraph Nos.12 to 15 of Appendix Six reads thus:</p><p> "<strong>Change in Caste or Sub-Caste (in respect of B.C. pupils only):</strong></p><p> (12) For making changes in caste or sub-caste of Backward Class pupils the guardian of the pupil shall make an application in Form No. 3 accompanying these rules.</p><p> (13) Permission may be given to change the entries in the General Register of the school in respect of "caste" or "sub-caste" of Backward Class pupils in the following circumstances.</p><p> (i) due to wrong entries made initially;</p><p> (ii) due to change in religion;</p><p> (iii) if the caste previously treated as non-backward was subsequently declared by Government as Backward or vice-versa.</p><p> (iv) due to adoption;</p><p> (v) due to inter-caste or inter-religion marriage;</p><p> (14) For this purpose, the necessary certificates from the following authorities must accompany the application for change of caste or sub-caste:</p><p> <strong>(a) For Reasons</strong>, (i),(ii) and (iii) above:</p><p> In Greater Bombay (a) The Chief Presidency Magistrate or the Presidency Magistrate authorised by him;</p><p> Or</p><p> (b) Justice of Peace; or (Deleted)</p><p> (c) Social, Welfare Officer, Greater Bombay, Bombay.</p><p> In other areas (d) The District Magistrates or Executive Magistrates authorized by them;</p><p> or</p><p> (e) Honorary Magistrates; or (Deleted)</p><p> (f) The Social Welfare Officer of the district concerned.</p><p> (<strong>b) Due to adoption </strong>:</p><p> The original adoption-deed or a certified copy of that deed or a certificate from stipendiary Magistrate showing the change in name (if any) and the caste or sub-caste changed as a result of adoption should accompany the application for change in caste or sub-caste.</p><p> <strong>(c) Due to inter-caste or inter-religion marriage </strong>:</p><p> A declaration by the parent or guardian attested by two witnesses and the student himself/herself or certified copy of the certificate of registration of marriage should accompany the application for change in caste or sub-caste along with the certificate from the concerned competent authority mentioned in (a) above showing that the caste or sub-caste has changed as a result of the marriage.</p><p> <strong>(d) Due to any other reason </strong>:</p><p> An affidavit made before a stipendiary Magistrate by the parent or guardian should accompany the application for change in caste of sub-caste.</p><p> <strong>N.B</strong>.: The term "Backward Class" means and includes the following categories.</p><table><tbody><tr><td>1<td>Scheduled castes and Schedule Caste converts to Buddhism.<td>As per Scheduled Castes and Scheduled Tribes Lists Modification Order, 1956, as adopted for Maharashtra State.</tr><tr><td>2<td>Scheduled Tribes including those outside specified areas.<td>Vide Part VII-A of the Seventh and Eighth Schedule of the Bombay Reorganisation Act, 1960 and orders issued by Government in this behalf from time to time.</tr><tr><td>3<td>DenotifiedTribes and Nomadic Tribes.<td>As per Government Resolution, Education and Social Welfare Deptt. No. CBC. 1361-M, dated 21<sup>st</sup> November 1961 and Government from time to time.</tr><tr><td>4<td>Other Classes.<td>Backward Castes which have been declared as belonging to the other Backward Classes by Government from time to time.</tr></tbody></table><strong>General</strong>:-<p> (Please also see Annexure 36).</p><p> 15. An appeal against the decision of the Educational Inspector, Greater Bombay or as the case may be, the Education Officer, Zilla Parishad concerned, who has not sanctioned the change shall be submitted to the Deputy Director concerned within 30 days of the receipt of the order."</p><p> 6. On fulfillment of requirements laid down under Appendix Six, the application tendered for effecting change in the entries recorded in school record can be entertained. Respondents were therefore not justified in turning down the application tendered by the petitioner on the ground that the entries recorded in the school record cannot be corrected after pupil has left school. The petition, therefore, deserves to be allowed and Education Officer (Primary), Zilla Parishad, Osmanabad is required to be directed to consider the application tendered by the petitioner to the school authorities and which has been forwarded to the Education Officer (Primary), Zilla Parishad, Osmanabad, in accordance with provisions of Secondary Schools Code, 2006. The orders passed by respondent Nos. 2 and 3 impugned in this petition, are quashed and set aside and the matter is remitted back to the Education Officer (Primary), Zilla Parishad, Osmanabad for reconsideration. The Education Officer (Primary), Zilla Parishad, Osmanabad shall proceed to take decision on the application in accordance with provisions of Secondary Schools Code, 2006 and the observations made in this judgment. The petitioner shall cause appearance before the Education Officer (Primary), Zilla Parishad, Osmanabad on 29th October, 2012 and as such, no separate notice requiring petitioner's appearance before respondent No. 3 shall be essential. Respondent No. 3 shall decide the application, as expeditiously as possible, preferably within eight (8) weeks from date of appearance of petitioner before him. Rule is accordingly made absolute. No order as to costs.</p><p> 7. Pending civil application, if any, does not survive, same stands disposed of.</p>',
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	(int) 0 => '<p><strong>Oral Judgment : [ R.M. Borde, J.]</strong><p> Rule. Rule made returnable forthwith.',
	(int) 1 => '<p> With consent of the parties, the petition is taken up for final disposal at admission stage.',
	(int) 2 => '<p> 2. The petitioner claims to be belonging to Bhavsar Kshetriya caste which is included in Other Backward Class category. The petitioner is serving as Conductor in Maharashtra State Road Transport Corporation. The school record of the petitioner records caste as 'Hindu Maratha'. According to the petitioner, while securing admission in school, his father has erroneously recorded the entry as 'Hindu Maratha'. He further contends that old record pertaining to his father, uncle and other near relatives show that they belong to 'Bhavsar Kehstriya caste'. The petitioner has also been issued caste certificate by the competent authority. The son of the petitioner has also been issued caste certificate by the competent authority certifying that he belongs to 'Bhavsar Kshetriya caste' and his caste claim has been validated by the competent Committee. The petitioner, therefore, tendered application to school where he was studying for onward transmission to the Education Officer (Primary), Zilla Parishad, Osmanabad for issuing directions for affecting necessary corrections. The school authority forwarded the application with favourable recommendation to the Education Officer. The Education Officer (Primary) by his order dated 1st November, 2011 was pleased to reject the application recording that since the petitioner has left the school, the application is not maintainable.',
	(int) 3 => '<p> 3. The petitioner tendered appeal to the Deputy Director of Education, Latur Division, Latur,which was heard and disposed of by Deputy Director of Education, Latur Division, Latur on 30th January, 2012 and appeal came to be dismissed. The appellate authority has recorded in the order that rule 26.4, Appendix-Six of the Secondary Schools Code-2006 does not permit to make correction in the entries in respect of caste in the school record after pupil has left the school. According to the petitioner, reasons recorded by both the authorities for turning down his claim are erroneous and against the provisions of Secondary Schools Code, 2006. Rule 26.4 of the Secondary Schools Code, 2006 prescribe that application for change or correction of date of birth, name, surname, caste etc., as entered in the General Register shall be entertained from or on behalf of a pupil who is attending a school. It further provide that such application shall not be entertained from or on behalf of a pupil, who has left the school, as the same amounts not only to a change in the entries in the General Register but also to a change in the School Leaving Certificate. It has been further prescribed that, however, for the purposes like an admission to another educational institution the School Leaving certificate is relied upon as an evidence for name, surname, caste, date of birth etc., and in bonafide cases where wrong spelling of a word or an obvious mistake of the type mentioned in sub-rule 3 above is noticed any time after issue of the School Leaving Certificate and the same is required to be corrected so as to be consistent with the corresponding entries in the General Register of the school or those in the School Leaving Certificate issued by the previous school, such applications shall be entertained. The procedure to be followed in such cases is laid down in Appendix Six.',
	(int) 4 => '<p> 4. Rule 26.4 of the Secondary Schools Code, 2006 has been interpreted by the Division Bench of this Court in the matter of Shaikh Shafi Ahmed Khadarsab vs. The State of Maharashtra and others in Writ Petition No. 1138 of 2009 decided on 13<sup>th</sup> March, 2012. In paragraph-11 of the judgment cited supra, the Division Bench of this Court has observed thus:',
	(int) 5 => '<p> "11. For all these reasons, we hold that the instructions contained in para 26.4 of the S.S.Code that an application for change of an entry in the General Register of a school shall be entertained only on behalf of the pupil who is attending the school meaning thereby that it shall not be entertained on behalf of the pupil who has left the school, are directory and not mandatory. In our view, such an application can be entertained even after the pupil has left the school, provided the application is bona-fide and the pupil is able to satisfy that the original entry in the General Register of the school is erroneous. The application can be rejected if the entry is not shown to be erroneous and wrong. It, however, cannot be rejected without it being considered on merits, only on the technical ground that the application has been made after the pupil has left the school."',
	(int) 6 => '<p> 5. Appendix Six of the Secondary Schools Code, 2006 lays down the procedure in respect of making correction and change in names, surnames, caste/sub-caste, date of birth etc., Paragraph Nos.12 to 15 of Appendix Six reads thus:',
	(int) 7 => '<p> "<strong>Change in Caste or Sub-Caste (in respect of B.C. pupils only):</strong>',
	(int) 8 => '<p> (12) For making changes in caste or sub-caste of Backward Class pupils the guardian of the pupil shall make an application in Form No. 3 accompanying these rules.',
	(int) 9 => '<p> (13) Permission may be given to change the entries in the General Register of the school in respect of "caste" or "sub-caste" of Backward Class pupils in the following circumstances.',
	(int) 10 => '<p> (i) due to wrong entries made initially;',
	(int) 11 => '<p> (ii) due to change in religion;',
	(int) 12 => '<p> (iii) if the caste previously treated as non-backward was subsequently declared by Government as Backward or vice-versa.',
	(int) 13 => '<p> (iv) due to adoption;',
	(int) 14 => '<p> (v) due to inter-caste or inter-religion marriage;',
	(int) 15 => '<p> (14) For this purpose, the necessary certificates from the following authorities must accompany the application for change of caste or sub-caste:',
	(int) 16 => '<p> <strong>(a) For Reasons</strong>, (i),(ii) and (iii) above:',
	(int) 17 => '<p> In Greater Bombay (a) The Chief Presidency Magistrate or the Presidency Magistrate authorised by him;',
	(int) 18 => '<p> Or',
	(int) 19 => '<p> (b) Justice of Peace; or (Deleted)',
	(int) 20 => '<p> (c) Social, Welfare Officer, Greater Bombay, Bombay.',
	(int) 21 => '<p> In other areas (d) The District Magistrates or Executive Magistrates authorized by them;',
	(int) 22 => '<p> or',
	(int) 23 => '<p> (e) Honorary Magistrates; or (Deleted)',
	(int) 24 => '<p> (f) The Social Welfare Officer of the district concerned.',
	(int) 25 => '<p> (<strong>b) Due to adoption </strong>:',
	(int) 26 => '<p> The original adoption-deed or a certified copy of that deed or a certificate from stipendiary Magistrate showing the change in name (if any) and the caste or sub-caste changed as a result of adoption should accompany the application for change in caste or sub-caste.',
	(int) 27 => '<p> <strong>(c) Due to inter-caste or inter-religion marriage </strong>:',
	(int) 28 => '<p> A declaration by the parent or guardian attested by two witnesses and the student himself/herself or certified copy of the certificate of registration of marriage should accompany the application for change in caste or sub-caste along with the certificate from the concerned competent authority mentioned in (a) above showing that the caste or sub-caste has changed as a result of the marriage.',
	(int) 29 => '<p> <strong>(d) Due to any other reason </strong>:',
	(int) 30 => '<p> An affidavit made before a stipendiary Magistrate by the parent or guardian should accompany the application for change in caste of sub-caste.',
	(int) 31 => '<p> <strong>N.B</strong>.: The term "Backward Class" means and includes the following categories.',
	(int) 32 => '<table><tbody><tr><td>1<td>Scheduled castes and Schedule Caste converts to Buddhism.<td>As per Scheduled Castes and Scheduled Tribes Lists Modification Order, 1956, as adopted for Maharashtra State.</tr><tr><td>2<td>Scheduled Tribes including those outside specified areas.<td>Vide Part VII-A of the Seventh and Eighth Schedule of the Bombay Reorganisation Act, 1960 and orders issued by Government in this behalf from time to time.</tr><tr><td>3<td>DenotifiedTribes and Nomadic Tribes.<td>As per Government Resolution, Education and Social Welfare Deptt. No. CBC. 1361-M, dated 21<sup>st</sup> November 1961 and Government from time to time.</tr><tr><td>4<td>Other Classes.<td>Backward Castes which have been declared as belonging to the other Backward Classes by Government from time to time.</tr></tbody></table><strong>General</strong>:-<p> (Please also see Annexure 36).',
	(int) 33 => '<p> 15. An appeal against the decision of the Educational Inspector, Greater Bombay or as the case may be, the Education Officer, Zilla Parishad concerned, who has not sanctioned the change shall be submitted to the Deputy Director concerned within 30 days of the receipt of the order."',
	(int) 34 => '<p> 6. On fulfillment of requirements laid down under Appendix Six, the application tendered for effecting change in the entries recorded in school record can be entertained. Respondents were therefore not justified in turning down the application tendered by the petitioner on the ground that the entries recorded in the school record cannot be corrected after pupil has left school. The petition, therefore, deserves to be allowed and Education Officer (Primary), Zilla Parishad, Osmanabad is required to be directed to consider the application tendered by the petitioner to the school authorities and which has been forwarded to the Education Officer (Primary), Zilla Parishad, Osmanabad, in accordance with provisions of Secondary Schools Code, 2006. The orders passed by respondent Nos. 2 and 3 impugned in this petition, are quashed and set aside and the matter is remitted back to the Education Officer (Primary), Zilla Parishad, Osmanabad for reconsideration. The Education Officer (Primary), Zilla Parishad, Osmanabad shall proceed to take decision on the application in accordance with provisions of Secondary Schools Code, 2006 and the observations made in this judgment. The petitioner shall cause appearance before the Education Officer (Primary), Zilla Parishad, Osmanabad on 29th October, 2012 and as such, no separate notice requiring petitioner's appearance before respondent No. 3 shall be essential. Respondent No. 3 shall decide the application, as expeditiously as possible, preferably within eight (8) weeks from date of appearance of petitioner before him. Rule is accordingly made absolute. No order as to costs.',
	(int) 35 => '<p> 7. Pending civil application, if any, does not survive, same stands disposed of.',
	(int) 36 => ''
)
$paragraphAfter = (int) 1
$cnt = (int) 37
$i = (int) 36
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