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2012 Supreme(Bom) 549

D.G.KARNIK, S.B.DESHMUKH
Shaikh Shafi Ahmed Khadarsab – Appellant
Versus
State of Maharashtra – Respondent


Advocates Appeared:
For the Petitioner:S.B. Gastgar, Advocate.
For the Respondents:R1, R2 & R4, B.V. Wagh, A.G.P., R3, G.R. Ingole Patil, Advocate.

Judgment

D.G. Karnik, J.

Rule, returnable forthwith. Learned A.G.P. waives for Respondent Nos.1, 2 and 4. Mr. G.R. Ingole Patil, waives for Respondent No.3.

2. Learned counsel for the Petitioner does not press the petition as against respondent Nos.5 to 8. Petition against respondent Nos.5 to 8 is disposed of as not pressed.

3. Petitioner joined the Respondent No.5 school conducted by Zilla Parishad, Nanded, in December, 1996 in the 3rd standard and passed out on passing Secondary School Certificate Examination in the year 2004. He, thereafter, joined Rajrshi Mahvidyalaya, a Junior College under Respondent No.8.

4. At the time of his entry in the Respondent No.5 school the petitioner's father had mentioned his caste to be "Takankhar" and an entry to that effect was made in the General Register of the school. After joining the Respondent No.8 school, petitioner made an application to the Respondent No.3-Education Officer (Primary), on 4th September, 2006 for permission to change the entry of his caste in the General School Register from "Takankhar" to "Tadvi". By an order dated 4th September, 2006 the Education Officer (Primary) rejected the application. Aggrieved by the refusal, the













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