JARADI DILIP RATI LAL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) RULE. Ms. Patel, learned AGP appears for respondents Nos. 1, 2 and 4 and waives notice of Rule. Respondent No. 3 has not appeared inspite of the notice served.

(2.) THE short facts of the case appears to be that in the school record of Sheth Chimanlal Nagindas Vidhyalay, the name of the daughter of the petitioner "riddhi", the religion and caste is mentioned as Hindu Soni. It is the case of the petitioner Dilipbhai, father of Riddhi that, he is belonging to Mochi caste and for such purpose, Certificate has also been issued by the Social Welfare Officer. A copy of the Certificate dated 03. 08. 1994 is produced at Annexure-C. Even in the School Leaving Certificate, Jaradi Dilip Ratilal who is father of Riddhi, race and caste with sub-caste is mentioned as Hindu Mochi. A copy of the School Leaving Certificate of the father dated 01. 06. 1967 is also produced at Annexure-D. Further, the mother of Riddhi is Indiraben and her caste is also shown as Mochi vide Certificate of the Social Welfare Officer dated 30. 05. 1979, copy whereof is produced at Annexure-E and even in the School Leaving Certificate of the mother Indiraben, the religion and caste is shown as Mochi vide School Leaving Certificate dated 02. 06. 1969, copy whereof is produced at Annexure-F. Therefore, as per the petitioner, even in the School leaving Certificate of his daughter Riddhi, the caste should be mentioned as Mochi and not Soni. The petitioner applied to the school for correction in the School Leaving Certificate vide application No. 26. 12. 2007, but as no action was taken by the School, copy was submitted to the District Education Officer and the school also forwarded the application to the DEO. The DEO rejected the same on the ground that the public examination of SSC is passed and therefore, no permission can be granted. It is under these circumstances, the present petition.

(3.) HEARD Mr. Bhavsar for the petitioner and Ms. Patel, learned AGP for the State Authorities.