HIGH COURT OF BOMBAY
SANTOSH KAILAS JADHAV – Appellant
Versus
THE STATE OF MAHARASHTRA AND OTHERS – Respondent
WP 2478/2019
['BHOSALE MAHESH K', 'PULKUNDWAR SANTOSH B', '', 'COPY SERVED ON GP', 'GP', 'SALOK AMOL M']
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IN THE HIGH COURT OF JUDICATURE OF BOMBAY
BENCH AT AURANGABAD
WRIT PETITION NO. 2463 OF 2019
Anil Kailas Jadhav
Age 32 years, occ. Labour
R/o Plot No. 64, Naik Nagar
Beed Bypass
Aurangabad
Tq. & Dist. Aurangabad
Petitioner
Versus
1.
State of Maharashtra
Through its Secretary for Primary Education
Mantralaya, Mumbai.
2.
Education Offcer (Primary)
Zilla Parishad, Education Department
Nanded.
3.
Head Master
Zilla Parishad Primary School
Bhosi, Tq. Bhokar
Dist. Nanded.
Respondents
Respondents
WITH
WRIT PETITION NO. 2478 OF 2019
Santosh Kailas Jadhav
Age 29 years, occ. Labour
R/o Plot No. 64, Naik Nagar
Beed Bypass
Aurangabad
Tq. & Dist. Aurangabad
Petitioner
Versus
1.
State of Maharashtra
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Through its Secretary for Primary Education
Mantralaya, Mumbai.
2.
Education Offcer (Primary)
Zilla Parishad, Education Department
Nanded.
3.
Head Master
Zilla Parishad Primary School
Sinchan Colony, Bhosi, Tq. Bhokar
Dist. Nanded.
Respondents
Respondents
Shri Mahesh K. Bhosale, Advocate for the petitioners.
Mrs. V.S. Choudhary, AGP for respondent No. 1.
Shri Santosh B. Pulkundwar, Advocate for respondent No. 2.
Shri A.M. Solak, Advocate for respondent No. 3.
CORAM : UJJAL BHUYAN &
M.G. SEWLIKAR, JJ.
DATE : 7th April, 2021.
JUDGMENT : ( Per M.G. Sewlikar, J.)
1.
Rule. Rule made returnable forthwith.
2.
By consent, heard both the sides for fnal disposal at
admission stage.
3.
Both these writ petitions are being disposed of by
common order as a common question of law and fact is involved.
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4.
Facts giving rise to these two writ petitions are as
under :-
WRIT PETITION NO. 2463/2019
It is petitioner’s case that he did his schooling from
Mahatma Phule High School, Nanded. He left the school on account
of passing matriculation on 31.05.2002.
At the time of admission in
the school, inadvertently, caste of petitioner was mentioned as ‘Gadi
Lohar’ whereas his caste is ‘Carpenter’.
Father of petitioner did his
education mentioning his caste as ‘Carpenter’ and for proof of that he
has produced a bonafde certifcate and a School Leaving Certifcate
of his father mentioning his caste as ‘Sutar’. Executive Magistrate,
Kannad, has issued caste certifcate in the name of the mother of
petitioner, Sulochanabai Kantarao Jadhav, mentioning therein her
caste as ‘Sutar’. When petitioner realised this mistake, he
approached respondent No. 3-school for making necessary correction
in his caste. Respondent No. 3 by communication dated 30.01.2019,
communicated to petitioner that in terms of Rule 26.4, if correction is
required to be made, it can be corrected whilst the student is/was
taking education. Since petitioner is alumni, his application cannot
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be considered. This communication is impugned in this writ petition.
WRIT PETITION NO. 2478/2019
Similar are the facts of Writ Petition No. 2478/2019 as it
appears that petitioner in Writ Petition No. 2478/2019 is the brother
of petitioner in Writ Petition No. 2463/2019. In this writ petition
also, it is contended that caste of petitioner has been wrongly
mentioned in School Leaving Certifcate issued by respondent No. 3
as ‘Gadi Lohar’ whereas his caste is ‘Sutar’. He has also annexed
bonafde certifcate and a School Leaving Certifcate of his father
mentioning caste as ‘Sutar’. He has also annexed caste certifcate
issued by Executive Magistrate, Kannad in favour of his mother
Sulochana Jadhav mentioning her caste as ‘Sutar’.
5.
None of the respondents fled their affdavit in reply.
6.
Heard Shri Bhosale, learned counsel for petitioners in
both the writ petitions, Mrs. V.S. Choudhary, learned AGP for
respondent No. 1, Shri Santosh Pulkundwar, learned counsel for
respondent No. 2 and Mr. Solak, learned counsel for respondent No.
3.
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7.
Shri Bhosale, learned counsel for petitioners submitted
that caste of petitioners has been