Quashed¶19

Rashmi Suresh Thakur v. Education Officer Primary Zilla Parishad Jalgaon

Bombay HC5 Aug 2024WP/3521/2019

Case brief

AI extract

What is this about?

School record correction; caste correction in school record; Rule 26.4 Secondary School Code 1977; correction barred once pupil leaves school; Education Officer Primary Zilla Parishad Jalgaon; order dated 06.03.2017; issue no longer res integra; Janabai d/o. Himmatrao Thakur Vs. State of Maharashtra 2019 (6) Mh.L.J. 769; impugned order unsustainable; quashed; remanded/relegated for fresh decision; four weeks; Aurangabad Bench; Writ Petition 3521 of 2019.

What did the court decide?

Impugned order dated 06.03.2017 quashed; matter relegated/remanded to the Education Officer (Primary), Zilla Parishad, Jalgaon, for fresh decision in accordance with the parameters laid down in Janabai d/o. Himmatrao Thakur Vs. State of Maharashtra, 2019 (6) Mh.L.J. 769, with the decision to be taken within four weeks. ¶19

Rashmi Suresh Thakur Vs Education Officer Primary Zilla Parishad Jalgaon — Bombay HC (2024) — LawSathi Research

What the court decided

AI extract

Outcome

¶19

Issue for consideration

Whether the Education Officer rightly rejected the petitioner's application for correction of the caste entry in his school record on the sole ground that Rule 26.4 of the Secondary School Code, 1977 does not permit correction once the pupil leaves the school.

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Court's answer

The issue raised by the rejection is no longer res integra: the legal position stands settled by Janabai d/o. Himmatrao Thakur Vs. State of Maharashtra (2019 (6) Mh.L.J. 769), and accordingly the impugned order rejecting the correction application is unsustainable.

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Ratio / Principle

The writ petition is disposed of by quashing the impugned order and relegating the matter to the Education Officer to decide afresh in view of the parameters laid down in Janabai d/o. Himmatrao Thakur (supra); the fresh decision shall be taken within a period of four weeks.

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Detailed headnote1 paragraphs

Writ Petition No. 3521 of 2019 (Bombay HC, Aurangabad Bench; order dated 05.08.2024 by Shailesh P. Brahme, J., bench incl. Mangesh S. Patil, J.). The petitioner's application to correct a caste entry wrongly recorded in his school record was rejected by the Education Officer (Primary), Zilla Parishad Jalgaon, by order dated 06.03.2017, solely on the ground that Rule 26.4 of the Secondary School Code, 1977 forbids any correction once the pupil has left the school. Holding the issue settled ('no more res integra') by Janabai d/o. Himmatrao Thakur Vs. State of Maharashtra, 2019 (6) Mh.L.J. 769, this Court found the impugned order unsustainable, quashed it, and remitted the matter to the Education Officer for a fresh decision in view of the parameters laid down in that precedent, to be taken within four weeks.

Rashmi Suresh Thakur v. Education Officer Primary Zilla Parishad Jalgaon

Case brief

What is this about?

What did the court decide?

Rashmi Suresh Thakur v. Education Officer Primary Zilla Parishad Jalgaon

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Cases cited

Statutes considered

Procedural history

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Coram

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