{1} wp10959-26.doc drp IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD WRIT PETITION NO.10959 OF 2026 Arbaj Khan Jamir Khan Pathan PETITIONER VERSUS The Education Officer Primary and Others RESPONDENTS ....... Mr. Shaikh Wajeed Ahmed, Advocate for the Petitioner Ms. Neha B. Kamble, AGP for Respondent - State Mr. S. R. Yadav Lonikar, Advocate for Respondent No.1 ....... [CORAM : NITIN B. SURYAWANSHI, & ABASAHEB D. SHINDE, J. J.] DATE : 31 st AUGUST, 2026 ORDER : 1. Leave to amend and add State as party Respondent. 2. This Petition challenges order passed by the Head Master – Respondent No.2, thereby rejecting proposal of the Petitioner to correct the school record in respect of his caste from “Muslim Waghwale” to “Muslim”. 3. This Court has consistently taken a view that, as per the Regulation 26.4 of Secondary School Code, 1997, it is imperative for the Head Master to forward the application for such correction to the Education Officer instead of rejecting the same. 2026:BHC-AUG:39641-DB {2} wp10959-26.doc 4. In that view of the matter, the impugned order cannot be sustained. In the result, following order: ORDER a. The Writ Petition is allowed. b. The impugned order dated 24th July, 2026 passed by Respondent No.2 Head Master is quashed and set aside. c. The Petitioner to file fresh application to Respondent No.2 - Head Master. d. Respondent No.2 – Head Maser is directed to forward the said application of the Petitioner to Respondent No.1 for further action, within a period of one week of its receipt. e. Respondent No.1 shall decide the application on its own merits, in the light of the law laid down in the matter of “Janabai Himmatrao Thakur V/s State of Maharashtra and Others” 2019 (6) Mh.L.J. 769, within a period of four weeks from the date of receipt of said application. [ ABASAHEB D. SHINDE ] [ NITIN B. SURYAWANSHI ] JUDGE JUDGE drp/wp10959-26.doc