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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 : 7^th 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