2026 Supreme(Online)(Guj) 11152
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
Hemant M. Prachchhak, J
Rakeshkumar Saileshbhai Surani – Appellant
Versus
Gujarat Secondary and Higher Secondary Education Board – Respondent
R/SPECIAL CIVIL APPLICATION NO. 11890 of 2025|C/SCA/11890/2025
For the Appellants/Petitioners: Mehul P. Pandya, Ashutoshsingh S Rajput
For the Respondents: Angesh Panchal, Yashvi R Shah, AD Oza
A school authority is required to correct a student's caste in the School Leaving Certificate if a previous educational institution has already verified and corrected the same, ensuring factual accuracy in official records.
Headnote:(A) Education Law - School Leaving Certificate - Correction of Caste/Sub-caste - Where a previous educational institution had already corrected the caste entry in the records, a subsequent institution cannot refuse to make the same correction based on administrative directions from the District Education Officer. (Para 8)
Issues: Whether the respondent school authority is obligated to correct the caste entry in the School Leaving Certificate when a prior correction had already been made by a previous school.
JUDGMENT
1. Rule returnable forthwith. Ms. Yashvi Shah, learned counsel appearing on behalf of Mr. A.D. Oza, waives service of notice of Rule for and on behalf of the respondent No.1 and Mr. Angesh Panchal learned Assistant Government Pleader, waives service of notice of Rule for and on behalf of the respondent No.2.
2. With the consent of the learned counsel appearing for the respective parties, the petition has been taken up for final hearing today.
3. By way of present petition under Article 226 & 227 of the Constitution of India read with the provisions of the Regulation 12(A) (6) of the Gujarat Secondary Education Regulations, 1974 , petitioner has prayed for the following reliefs :
(A) Your Lordships, be pleased to admit and allow this Application under the facts and circumstances of the case and in the interest of justice. And,
(B) Your Lordships, be pleased to pass appropriate writ/order/direction to respondents, in particular respondent No.4, to carryout necessary correction in School Leaving Certificate/Records of Petitioner and issue fresh School Leaving Certificate showing correct sub-cast/Cast as “HINDU-BHAT” to the petitioner.
Or in Alternative,
(B.1) Your Lordships, be pleased to allow the petitioner to file necessary application along with all the relevant documents before the concerned Judicial Magistrate First Class, VERAVAL in GIR SOMNATH District or in Vadodara City and upon receiving such application, the concerned Judicial Magistrate First Class shall make a detailed inquiry to ascertain the correct sub-cast/ cast of the petitioner and shall issue certificate accordingly as early as possible and preferably within one month from the date of the application. And,
(B.2) Your Lordships, be pleased to pass appropriate writ/order/direction to respondents to mandatorily carryout necessary correction in School Leaving Certificate/ Records of Petitioner in production to then the certificate issued by concerned learned Judicial Magistrate First Class and issue fresh School Leaving Certificate to the petitioner.
(C) Your Lordships, be pleased to pass such other and further order/direction or relief as may be deemed necessary by this Hon’ble Court of Justice in the facts and circumstances of the case to do Complete Justice.”
4. It is the case of the petitioner that, the petitioner belongs to ‘Bhat’ community but, due to oversight, while issuing School Leaving Certificate, the respondent No.3 – Principal, Kodinar Kumar Shala No.1, Kodinar, wrote sub-caste / caste of the petitioner as ‘Hindu- Kanojiya Brahman’ instead of ‘Hindu-Bhat’, however, the same was corrected and amended by the school authorities and marked foot note of amendment on certificate and recorded original sub-caste / caste of the petitioner as ‘Hindu-Bhat’ in School Leaving Certificate issued on 15.06.1987 on the ground “Due to change of place”. It is further the case of the petitioner that. Successively, the petitioner had taken admission in Maniben Kalyanji Kotak High School – respondent No.4 herein on 17.07.1993 and the School Leaving Certificate was issued by the respondent No.4 on 26.10.1998 on the ground “Going for 12th Science Exam”, however, while issuing School Leaving Certificate, the said respondent No.4 wrote sub-caste / caste of the petitioner as ‘Hindu-Kanojiya Brahman’ instead of original sub-caste / caste of the petitioner as ‘Hindu-Bhat’. That, in the month of June, 2025, oral representation was made by the petitioner to the respondent No.4 for issuance of School Leaving Certificate with correct factual details, however, the respondent No.4 informed to the petitioner that, as per directions of the District Education OfÏcer, the school authority was not empowered to make any changes in the School Leaving Certificate once the student has passed 12th Board Examination.
5. Being aggrieved and dissatisfied with the inaction on the part of the respondent authority, the petitioner has preferred this petition.
6. Heard