Bangalore District Court
Chandra Shekar.M. S/O Mallikarjunaiah vs The Chief Secretary on 31 January, 2017
IN THE COURT OF THE III ADDL.CITY CIVIL & SESSIONS
JUDGE, BENGALURU CITY (C.C.H.No.25).
Dated: This the 31st day of January 2017
Present: Sri.Ron Vasudev, B.Com. LL.B, (Spl),
III Addl. City Civil & Sessions Judge,
Bengaluru.
O.S.No:4193/2016
Plaintiff Chandra Shekar.M. S/o Mallikarjunaiah,
Aged about 38 years, R/at No.14/1, W.A.T.
Street, Basavanagudi, Bangalore-560 004.
(By Sri.AVS, Advocate)
V/S
Defendants 1. The Chief Secretary, State of
Karnataka, Education
Department, Vidhana Soudha,
Bangalore-560001.
2. Principal Secretary, Primary
And Secondary Education,
th
Room No.641, 6 Floor, M.S.
Building, Dr.Ambedkar Veedhi,
Bangalore-01.
3. The Secretary, Karnataka
Secondary Education
Examination Board, 6th Cross,
Malleshwaram, Bangalore-560
003.
4. The Director, Department of
Pre-University Education,
th
Karnataka 18 Cross,
Malleshwaram, Sampige Road,
2 O.S.No:4193/2016
Bangalore, India-560 012.
5. The Vice Chancellor, Rajiv
Gandhi University of Health
Sciences, 4th T Block,
Jayanagar, Bengaluru,
Karnataka-560 041.
6. The Commissioner For Public
Instructions, Primary and
Secondary Education, New
Public Offices, Nrupathunga
Road, Bangalore-01.
7. Registrar Evaluation, Rajiv
Gandhi University of Health
Sciences, 4th T Block,
Jayanagar, Bangalore-41.
8. The Deputy Director of Public
Instructions, Bangalore South
District, Kalasipalyam,
Bangalore-52.
9. The Block Education Officer,
Department of Public
Instructions, South Range-II,
Janardhana Higher Primary
School Building, Gurappana
Palya, BTM Layout, I Stage,
Bangalore-29.
10. The Head Mistress, Sree
Saraswathi Vidya Mandira,
No.7, 5th Cross, Gavipuram
Extension, Bengaluru,
Karnataka 560 019.
11. The Head Master, The
Bangalore Higher Secondary
School, Near Vijaya College,
3 O.S.No:4193/2016
Rashtriya Vidyalaya Road,
Basavanagudi, Bengaluru,
Karnataka-560 004.
12. The Principal, Vijaya Pre-
University College, R.V. Road,
Basavanagudi, Bengaluru,
Karnataka-560 004.
13. The Principal, Government
Homoeopathic Medical College,
Dr.Siddaiah Puranik Road, KBH
Colony, Basaveshwar Nagar,
Bengaluru, Karnataka 560 079.
14. The Registrar, Karnataka Board
of Homeopathic System of
Medicine, Department of
AYUSH, Adm Block,
Dhanvanthri Road, Bengaluru,
Karnataka 560 009.
(D1 to D9, D12 & D13 by 4th ADGP)
(D7 - Exparte)
(D14 - In person)
Date of Institution : 10.6.2016
Nature of Suit : Suit for declaration
Date of Commencement of : 10.1.2017
evidence
Date of pronouncement of : 31.1.2017
Judgment
Total Duration : Year/s Month/s Day/s
- 7 21
(Ron Vasudev),
III Addl. City Civil & Sessions Judge,
Bengaluru.
4 O.S.No:4193/2016
JUDGEMENT
This is a suit for declaration.
2. The averments of the plaint in brief are that; the plaintiff was born on 21.3.1978 at Bangalore and he was named by his parents as "Chandra Shekar.M" and accordingly in his educational records his name has been described, but now the astrologer has advised the plaintiff and his parents to change his name from "Chandra Shekar.M." to "Rakshith Raj Bharadwaj" so that he can prosper well. Accordingly the plaintiff has changed his name as Rakshith Raj Bharadwaj and by sending legal notice on 9.2.2016 requested the defendants to make necessary corrections in their records. Amongst defendants only defendants 10 and 14 replied, whereas rest of them have not bothered to reply nor to comply it. Since it is the sentimental feelings of the plaintiff to change his name, if his prayer is not considered he will suffer loss, on the other hand no injury or loss will occasioned to the defendants. Wherefore the plaintiff prays to declare his name as Rakshith Raj Bharadwaj and direct the defendants to make necessary changes in their records in lieu of his old name Chandra Shekhar.M.
3. The defendant no.1 to 4, 6, 8, 9 and 13 appeared through 4th ADGP and filed a common written statement contending that suit is not maintainable and there is no cause of action for it. It is also contended that it is barred by time and plaintiff must be put to strict proof of change of his name. They 5 O.S.No:4193/2016 also contended that as per the circular issued by The Commissioner of Education, there is no provision to change the names of students in the school records. Thus on these grounds and other grounds they have prayed to dismiss the suit with costs.
4. The defendant no.14 appeared and submitted that he has nothing to say in the matter, whereas rest of the defendant no.7 is placed exparte.
5. Based on the said pleadings, following issues are framed;
ISSUES
1. Whether the plaintiff proves that he has changed his name from Chandrashekar to Rakshith Raj Bharadwaj?
2. Whether the plaintiff is entitled for the reliefs as prayed for?
3. What order or decree?
6. In support of his case plaintiff examined himself as PW1 and got marked 44 documents. No evidence is adduced by the contesting defendants. Heard the arguments. Perused.
7. My findings on the above issues are as under:
Issue No.1 - In the affirmative. Issue No.2 - In the affirmative 6 O.S.No:4193/2016 Issue No.3 - As per final order, for the following;
REASONS Issue No.1 & 2:
8. For the sake of convenience I have taken these two issues simultaneously.
9. In the affidavit filed in lieu of his examination chief reiterating the plaint averments the plaintiff deposed that on his birth his parents kept his name as Chandra Shekar.M. and with that name he pursued his education and completed the degree in Homeopathic Medicine, but at the advise of the astrologer his parents decided to change his name from Chandra Shekar.M. to Rakshith Raj Bharadwaj and accordingly he has changed his name and made request to all the defendants to make necessary corrections in his education records, but they have not obliged him.
10. In order to corroborate the said evidence he produced his birth certificate at Ex.P1 to show that his date of birth is 21.3.1978 and he born to parents by name Mallikarjunaiah and Smt.Jayalakshmi. The Ex.P2 is the certificate issued by the Head Master of Bangalore Higher Secondary School for having completed his higher education during the period 1991 to 1994 with name Chandra Shekar.M. The Ex.P3 is the SSLC marks card, the Ex.P4 is the I Year PUC marks card, the Ex.P5 to P8 are the statements of marks issued by Rajiv Gandhi University of Health Sciences, Bangalore showing his name as Chandra Shekar.M., the Ex.P9 is the 7 O.S.No:4193/2016 provisional degree certificate issued by the said University and Ex.P10 is the Internship Certificate, the Ex.P11 is Convocation certificate and Ex.P12 is the Certificate of Registration by Homoeopathy Board enrolling him as a Homoeopathy Doctor. Thus all these documents show his name as Chandrashekar.M.
11. In order to show that now he has changed his name as Rakshith Raj Bharadwaj, he produced the notarized copies of PAN Card, International DL, DL, Aadhaar Card and Passport at Ex.P14 to P18. They show that after changing his name to Rakshith Raj Bharadwaj he got the records in that name. In all these documents his father's name is shown as Mallikarjunaiah. The Ex.P19 is the office copy of the legal notice and Ex.P20 to P32 are the postal receipts and Ex.P33 to P42 are the postal acknowledgements. They show that before filing this suit plaintiff caused legal notice to all the defendants as required U/Sec.80 of CPC and requested them to make necessary corrections. The Ex.P43 and P44 i.e. letters of Homeopathy Board and SSVM School, Bangalore show that they expressed their inability to do necessary corrections unless order is obtained from the competent authority.
12. In the cross-examination of PW1 the 4th ADGP was not able to elicit any ill-intention or questionable motive behind the changing of his name. In a given situation I am unable to find any reason to discard or to reject his prayer. Wherefore I hold that the plaintiff is entitled for the declaration and consequently the defendants are liable to change his name in 8 O.S.No:4193/2016 their records and also in the records issued to him. Accordingly I answer this issue in the affirmative.
Issue no.3:
13. In the result, I proceed to make the following:
ORDER Suit is decreed without costs.
It is declared that plaintiff's name is altered to Rakshith Raj Bharadwaj in lieu of Chandrashekar.M. Consequently the defendants are directed to make necessary corrections in their records and also the records issued to the plaintiff.
Draw decree accordingly.
(Dictated to the Judgement Writer, transcription computerized, then corrected and pronounced by me in open court this the 31st day of January 2017).
(Ron Vasudev), III Addl. City Civil & Sessions Judge, Bengaluru.
ANNEXURE List of witnesses examined for the plaintiff side:
PW1 Chandra Shekar.M. List of documents exhibited for the plaintiff side:
Ex.P1 Birth certificate
9 O.S.No:4193/2016
Ex.P2 Certificate
Ex.P3 SSLC Marks card
Ex.P4 PUC marks card
Ex.P5 to 8 Degree marks card
Ex.P9 Provisional degree marks card
Ex.P10 Internship certificate
Ex.P11 Convocation certificate
Ex.P12 Convocation certificate
Ex.P13 Police acknowledgement
Ex.P14 Pan card
Ex.P15 International DL
Ex.P16 Diving License
Ex.P17 Aadhar Card
Ex.P18 Passport
Ex.P19 Legal notice
Ex.P20 to 32 Postal receipts
Ex.P33 to 42 Postal acknowledgements Ex.P43 Reply Ex.P44 Reply List of witness examined for the defendants side:
Nil List of documents exhibited for the defendants side: Nil (Ron Vasudev), III Addl. City Civil & Sessions Judge, Bengaluru.