SHAIKH SHAFI AHMED KHADARSAB Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Rule, returnable forthwith. Learned A.G.P. waives for respondent Nos. 1, 2 and 4. Mr. G.R. Ingole Patil, waives for respondent No. 3. Learned Counsel for the petitioner does not press the petition as against respondent Nos. 5 to 8. Petition against respondent Nos. 5 to 8 is disposed of as not pressed.

(2.) Petitioner joined the respondent No. 5 school conducted by Zilla Parishad, Nanded, in December, 1996 in the 3rd standard and passed out on passing Secondary School Certificate Examination in the year 2004. He, thereafter, joined Rajrshi Mahavidyalaya, a Junior College under respondent No. 8.

(3.) At the time of his entry in the respondent No. 5 school the petitioner's father had mentioned his caste to be "Takankhar" and an entry to that effect was made in the General Register of the school. After joining the respondent No. 8 school, petitioner made an application to the respondent No. 3 Education Officer (Primary), on 4th September, 2006 for permission to change the entry of his caste in the General School Register from Takankhar" to "Tadvi". By an order dated 4th September, 2006 the Education Officer (Primary) rejected the application. Aggrieved by the refusal, the petitioners challenged the order by filing Writ Petition No. 7138 of 2006 in this Court. By an order dated 19th June, 2007 this Court dismissed the petition on the ground that the petitioner had an adequate alternate remedy of an appeal before the Deputy Director of Education-the respondent No. 2 herein. The petitioner, thereafter, filed an appeal before the Deputy Director of Education. By an order dated 27th December, 2008 the respondent No. 2 rejected the appeal of the petitioner on the ground that an amendment to an entry in the school register can be made only while the petitioner was taking education in the same school and not after he had left it. That decision is impugned in the present writ petition.