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IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD
VIBHA KANKANWADI, HITEN S.VENEGAVKAR
X.Y.Z. – Appellant
Versus
State of Maharashtra Through its Secretary, Education Department – Respondent
JUDGMENT :
Hiten S. Venegavkar, J.
1. Rule. Rule made returnable forthwith. With the consent of learned counsel for both the sides, taken up for final hearing at admission stage.
2. This petition under Articles 226 and 227 raises, at first blush, what appears to be a routine prayer for correction of a minor student’s name in school records. But it also carries a second prayer of far greater constitutional and human significance; the correction of the caste entry of the minor child from “Maratha” to “Scheduled Caste – Mahar” in the school record maintained by Respondent No.4 and supervised by Respondent Nos.2 and 3. In our view, the facts of the case, and the constitutional values that must govern State action when the identity, dignity and future of a child are at stake, compel relief to be granted.
3. Petitioner No.1 is a girl child aged about 12 years, studying in 6th Standard in the school of Respondent No.4. Petitioner No.2 is her single mother and natural guardian. The record placed before us shows that the biological father of Petitioner No.1 is the accused in a criminal case arising out of a sexual offence against Petitioner No.2, and that a DNA report during investigation confi
Respondents are under obligation to maintain correct records and in this regard make corrections as and when detected or brought into their notice.
Compliance with mandatory requirements for altering entries in the General School Register, as per S.S. Code 26.3 and 26.4, is crucial for validating caste claims.
Academic records must align with accurate public documents, and requests for corrections should be processed without unreasonable preconditions.
Corrections to school records after a student has left are only permissible for 'obvious mistakes' as defined by the Maharashtra Secondary School Code, and the scope for such corrections is very limi....
The right to change one's name or date of birth in certificates is fundamental to identity, and restrictions imposed by CBSE's Byelaws are unconstitutional if they prevent legitimate corrections post....
Legal provisions dictate that corrections to birth certificates require evidence of error; disputes regarding paternity must be adjudicated rather than amended administratively, but courts can interv....
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