LAWS(GJH)-2006-6-35

ARCHANA RAMANBHAI PATEL Vs. STATE OF GUJARAT

Decided On June 20, 2006
ARCHANA RAMANBHAI PATEL Appellant
V/S
STATE OF GUJARAT Respondents

JUDGEMENT

(1.) With the consent of the learned Counsel appearing for the petitioner, Mr.Pandya and Mr.Mengdey, learned AGP appearing for the respondent State, the matter is finally heard today. So far as the School is concerned, it is a formal party and it has not appeared, though the notice of Rule has been served.

(2.) The short facts of the case are that the petitioner has appeared in the examination of 12th Standard and when the petition was filed, the petitioner was student of Smt. M.P. Sheth Girls' High School " respondent No.3 herein. It is the case of the petitioner that in the school record, the caste mentioned is "Hindu Patel" and the word "Dhodia" is not mentioned. The contention of the petitioner is that in the School Leaving Certificate of father and mother of the petitioner, the caste mentioned is "Dhodia", which is a scheduled tribe, whereas by mistake in the school record of the petitioner, the caste mentioned is "Patel". It has been submitted that the Vigilance Officer (Class-I), Scheduled Tribes Development, Valsad has also issued the certificate dated 30.1.2006 stating that the petitioner belongs to Hindu " Dhodia Tribe, which is a scheduled tribe and only surname is "Patel" and not the caste of the petitioner is "Patel". The case of the petitioner further is that the petitioner had applied to D.E.O., through the School, but no action is taken for correction and, therefore, this petition.

(3.) It is the contention of the petitioner that the petitioner has passed 12th Standard Examinations and, therefore, if the School record is not accordingly corrected, more particularly the School Leaving Certificate, the petitioner may have the difficulty in getting admission in the reserved seat for further study and, therefore, there is urgency. Mr.Pandya, learned Counsel appearing for the petitioner, submitted that though the prayer is made in the petition for insertion of Sub-caste "Dhodia", the word "Patel" to be deleted and "Hindu " Dhodia" is to be mentioned as per the School Leaving Certificates of the father and mother of the petitioner.