X.Y.Z. Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Rule. Rule made returnable forthwith. With the consent of learned counsel for both the sides, taken up for final hearing at admission stage.

(2.) This petition under Articles 226 and 227 raises, at first blush, what appears to be a routine prayer for correction of a minor student's name in school records. But it also carries a second prayer of far greater constitutional and human significance; the correction of the caste entry of the minor child from "Maratha" to "Scheduled Caste Mahar" in the school record maintained by Respondent No.4 and supervised by Respondent Nos.2 and 3. In our view, the facts of the case, and the constitutional values that must govern State action when the identity, dignity and future of a child are at stake, compel relief to be granted.

(3.) Petitioner No.1 is a girl child aged about 12 years, studying in 6th Standard in the school of Respondent No.4. Petitioner No.2 is her single mother and natural guardian. The record placed before us shows that the biological father of Petitioner No.1 is the accused in a criminal case arising out of a sexual offence against Petitioner No.2, and that a DNA report during investigation confirmed paternity. The accused's name came to be reflected as"father" in the birth certificate and thereafter entered in permeated school and allied documentation.