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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
| Table of Content |
|---|
| 1. child seeks name and caste correction due to single maternal custody. (Para 1 , 2 , 3 , 4 , 5) |
| 2. name corrections permitted as obvious mistakes; mother's name aligns with dignity. (Para 6 , 7 , 8 , 9 , 10 , 11) |
| 3. caste presumption rebuttable; follows mother's in exclusive custody cases. (Para 12 , 13 , 14 , 15 , 16) |
| 4. records must protect child's social identity and constitutional dignity. (Para 17 , 18 , 19) |
| 5. subsequent events render paternal entries obvious mistakes rectifiable. (Para 20 , 21 , 22 , 23) |
| 6. balance child welfare with caste verification safeguards. (Para 24 , 25 , 26) |
| 7. single motherhood fully validates child's civic identity. (Para 27 , 28 , 29) |
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 “Schedule
School records of child in exclusive single mother custody correctable to mother's name and Scheduled Caste based on upbringing, not rigid paternal presumption; upholds dignity (Art.21), equality (Ar....
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.
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