SHAIKH YOUSUF SHAIKH YOUNUS v. THE STATE OF MAHARASHTRA THR ITS SECRETARY AND OTHERS
WP/11100/2026 · 2026-09-02
body2026
DailyLaw.ai
[ 2026 DAILYLAW 7920 (BOM) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 7920 (BOM) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
1 34-WP-11100-26.odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 11100 OF 2026 MR. SHAIKH YOUSUF SHAIKH YOUNUS VERSUS THE STATE OF MAHARASHTRA THROUGH ITS SECRETARY AND OTHERS ... Mr. Saeed S. Shaikh, Advocate a/w Mr. Vishal Thorave, Advocate for the Petitioner Mr. M. K. Goyanka, AGP for Respondents/State ...
CORAM : NITIN B. SURYAWANSHI AND ABASAHEB D. SHINDE, JJ.
DATE : 02nd SEPTEMBER, 2026 PER COURT :
1. By this petition, petitioner challenges the communication dated 20.07.2026 issued by Respondent No.3 and the letter dated 22.07.2026, issued by respondent No.4, thereby rejecting the proposal of petitioner for correction in the school record in respect of his Sub-caste from ‘Gaundi’ to ‘Open/General-Nil’.
2. The Headmaster has sent proposal of the Petitioner for correction in the school record in respect of his sub-caste to Respondent Nos. 3 and 4. The said proposal is disposed of by Respondent Nos. 3 and 4 on the ground that petitioner has already left the school, therefore, his proposal cannot be considered. Being aggrieved by said order, the petitioner is before this Court.
3. Heard learned Advocate for the Petitioner and learned AGP for SVH 2026:BHC-AUG:40309-DB
2 34-WP-11100-26.odt State.
4. It is settled legal position that even if the student has left the school, his proposal for correction of entry in the school record, has to be considered on merits. The impugned order rejecting the proposal of petitioner on the ground that he is no more student of the School, therefore, cannot be sustained.
5. In the result, Writ Petition is allowed.
6. Impugned communications dated 20.07.2026 and 22.07.2026, issued by Respondent Nos. 3 and 4 respectively, are quashed and set aside.
7. The matter is remanded back to Respondent No. 2 for
consideration of proposal of the petitioner on merits and in the light of decision in Janabai Himmatrao Thakur vs. The State of Maharashtra and others; 2019(6) Mh.L.J. 769. Petitioner shall appear before the Education Officer on 15/09/2026. Respondent No. 3 shall decide the said proposal within a period of four weeks from the date of first appearance of the petitioner. The Education Officer shall not reject the proposal of petitioner on the same ground.
(ABASAHEB D. SHINDE, J.) (NITIN B. SURYAWANSHI, J.)
SVH