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Judgment
Jayant Patel, J.—Rule. Ms. Patel, learned AGP appears for respondents Nos. 1, 2 & 4 and waives notice of Rule. Respondent No. 3 has
not appeared inspite of the notice served. The short facts of the case appears to be that in the school record of Sheth Chimanlal Nagindas
Vidhyalay, the name of the daughter of the petitioner ""Riddhi"", the religion and caste is mentioned as Hindu Soni. It is the case of the petitioner
Dilipbhai, father of Riddhi that, he is belonging to Mochi caste and for such purpose, Certificate has also been issued by the Social Welfare
Officer. A copy of the Certificate dated 03.08.1994 is produced at Annexure-C. Even in the School Leaving Certificate, Jaradi Dilip Ratilal who is
father of Riddhi, race and caste with sub-caste is mentioned as Hindu Mochi. A copy of the School Leaving Certificate of the father dated
01.06.1967 is also produced at Annexure-D. Further, the mother of Riddhi is Indiraben and her caste is also shown as Mochi vide Certificate of
the Social Welfare Officer dated 30.05.1979, copy whereof is produced at Annexure-E and even in the School Leaving Certificate of the mother
Indiraben, the religion and caste is shown as Mochi vide School Leaving Certificate dated 02.06.1969, copy whereof is produced at Annexure-F.
Therefore, as per the petitioner, even in the School leaving Certificate of his daughter Riddhi, the caste should be mentioned as Mochi and not
Soni. The petitioner applied to the school for correction in the School Leaving Certificate vide application No. 26.12.2007, but as no action was
taken by the School, copy was submitted to the District Education Officer and the school also forwarded the application to the DEO. The DEO
rejected the same on the ground that the public examination of SSC is passed and therefore, no permission can be granted. It is under these
circumstances, the present petition.
Heard Mr. Bhavar for the petitioner and Ms. Patel, learned AGP for the State Authorities.
Upon hearing the learned advocate appearing for both the sides, it appears that the matter is as such covered by the decision of this Court in the
case of Archana Ramanbhai Patel v. State of Gujarat reported at 2006(0) GLHEL 216781, wherein, this Court had an occasion to consider
similar question for correction in the School record based on the tribe of the father of the girl. This Court in the said decision observed at para 5 to
7 as under:
It appears that, as stated by the petitioner, up till now the School Leaving Certificate is not issued, since the petitioner has studied in 12th
Standard and the petitioner has passed recently. Therefore, the District Education Officer can direct for alteration in the record of the school in
case he is satisfied on merits of such alteration.
As regards the satisfaction of the claim of the petitioner is concerned, in normal circumstances a child, born out of a wedlock of father and
mother, would be entitled to have the record based on the caste or tribe of the father. Since, in the present case, the certificate is issued, copy
whereof is produced in the present petition, ultimately it will be for the District Education Officer - Respondent No. 2 to examine the genuineness
of the claim made by the petitioner that she belongs to ""Hindu - Dhodia"" tribe and not ""Patel"" caste and if respondent No. 2 is satisfied that the
claim is genuine, the necessary direction can be given by respondent No. 2 to respondent No. 3 - School for correcting the record of the School.
In view of the above, it is hereby directed that respondent No. 2 shall examine the genuineness of the claim for alteration of the tribe of the
petitioner, as early as possible, preferably within a period of two weeks from the date of receipt of the order of this Court and shall decide the
matter as to whether claim of the petitioner is genuine or not. In the event respondent No. 2 is satisfied about the claim of the petitioner for
alteration in the school record, necessary consequential direction shall be given by respondent No. 2 to respondent No. 3 for alteration of the
record.
More or less, similar fact situation arise even in the present case. If the caste of the father, petitioner herein, and mother of Riddhi is mochi, the
daughter of the petitioner, as a natural corollary would belong to Mochi caste and therefore, if in the school record, the caste is not correctly
mentioned, it will be for the DEO to examine the genuineness of the documents produced for showing the caste of the father and mother and if it is
found that the caste of the father and mother is Mochi, the daughter of the petitioner would be entitled to have the correction in the school record
as Hindu Mochi in place of Hindu Soni.
The learned AGP relying upon the regulation 12.5, attempted to submit that all the requirements are not satisfied and therefore, the direction
may not be issued and it was also submitted that the petitioner may be relegated to the remedy of approaching before the judicial magistrate first
class for such purpose.
As such, as per the said regulation, so long as the student is in the school, there are powers with the authority to correct the school record. The
regulation speaks for various correction. In the present case, the correction is pertaining to correction of caste. It may be that the affidavit may be
required to be filed by the petitioner together with the documentary evidence for his caste certificate and also of his wife, the mother of Riddhi, but
thereby, it cannot be said that there is no power. Further as the petitioner has uptil now not left the school after completing 12th standard, the
directions can be issued for considering the case and to correct the record accordingly, if the genuineness is found for such purpose.
Hence, similar directions as were given in the above referred decision deserves to be issued in the present case.
In view of the above, it is hereby directed that the DEO shall examine the genuineness of the application as well as the relevant documents for
alteration of the caste of the daughter of the petitioner as early as possible preferably within a period of two weeks from the receipt of the order of
this Court and in the event the DEO is satisfied about the claim of the petitioner for alteration in the school record, necessary consequential
direction shall be given by him to the school for alteration of the record. Petition is allowed to the aforesaid extent. Rule made absolute accordingly.
No order as to costs. D.S.