Bangalore District Court
Mr. Sagar S.L vs Chief Secretary on 15 July, 2022
KABC010049562022
IN THE COURT OF THE VII ADDL. CITY CIVIL AND
SESSIONS JUDGE, (CCH No.19), BENGALURU.
Dated : This the 15 th day of July, 2022.
PRESENT: SMT. S.G.SUNITHA, B.Sc. , LLB.,
VII Addl. City Civil & Sessions Judge,
Bengaluru.
O.S. No.1255/2022
Plaintiff : Mr. Sagar S.L.
S/o Shivalingaiah S
Aged about 25 years,
R/at No.500, New Kavika Layout,
Bapujinagar, Mysore Road,
Bengaluru - 560 026.
(By Sri.Manjunath B., Advocate)
V/S
Defendants : 1. Chief Secretary
Government of Karnataka
Department of Education,
Vidhana Soudha,
Bengaluru - 560 001.
2. The Commissioner for
Public Instructions
Nrupathunga Road,
Bengaluru - 560 001.
3. Deputy Director
Public Instructions
Bengaluru South,
Parvathipuram,
Opp. To KIMS Hospital,
Kalasipalyam,
Bengaluru - 560 002.
2
O.S.No.1255/2022
4. Block Education Officer
South Range,
Shankarapuram,
Bengaluru - 560 004.
5. The New Cambridge High School
No.7, 2nd Main, 11th Cross,
RPC Layout, Vijayanagar,
Bengaluru - 560 040.
6. The Director
Karnataka Secondary Education
Examination Board
6th Cross Road,
Malleshwaram,
Bengaluru - 560 003.
7. Vijaya Pre-University College
R.V. Road, Basavanagudi,
South End Circle,
Bengaluru - 560 004.
8. The Director
Pre-University Board,
Sampige Road, 18th Cross,
Malleshwaram,
Bengaluru - 560 003.
9. The East-West Institute of
Technology
No.63, Magadi Main Road,
Vishwaneedam Post,
Bengaluru - 560 003.
10. The Director/Registrar
Visvesvaraya Technological
University
V.T.U. Main Road,
Jnana Sangama Machhe,
Belgavi - 590 018.
(D1 to 4, 6 to 8 By Smt. Shantha B
Mullur., Advocate)
(D5, 7, 9 and 10 - Ex.Parte)
3
O.S.No.1255/2022
Date of institution of Suit 17-02-2022
Nature of the Suit Declaration
Date of commencement 30-06-2022
of recording of evidence
Date on which Judgment 15-07-2022
was pronounced
Total duration Years Months Days
00 05 02
JUDGMENT
This is a suit filed by the plaintiff against defendants seeking declaration that name of the plaintiff to be called as "LAKSHMI SAGAR S" instead of "SAGAR S.L." and mandatory injunction directing the defendants to change the name of plaintiff from "SAGAR S.L." to "LAKSHMI SAGAR S" in the records issued by them such as, marks card, convocation, transfer certificate and study certificate etc.,
2. In brief, the case of the plaintiff as stated in the Plaint as follows;
He was born on 02/09/1996 and he was named has SAGAR.S.L and the same is reflected in the SSLC Marks Card, PUC Marks Card and in Engineering Certificates. At the time of admission of the plaintiff, his name has been registered as SAGAR.S.L in the 5th defendant school. He completed his SSLC before the 5th defendant during March 2012 and 6th defendant have issued the marks card to that effect vide Register No. 20120783641. In the school admission records maintained by 5th defendant school, such as admission register, cumulative record, marks cards etc., his name is entered as SAGAR.S.L and the same as to be rectified as LAKSHMI SAGAR.S. The plaintiff has thereafter admitted to the 4 O.S.No.1255/2022 defendant No.7 Pre-university college for his further studies and completed during the March 2014 and the Defendant No.8 have issued Marks card to that effect vide Register No. 715975. The plaintiff had further joined the 9th defendant for his higher studies and the 10th defendant has issued the marks cards and convocation to that effect vide Register No.1EW14ME117. In all the above said Marks cards, Study Certificate and Convocation Certificates the plaintiff name is mentioned as SAGAR.S.L. The plaintiff is willing to name from change his SAGAR.S.L into LAKSHMI SAGAR.S as per the astrologer opinion, and the name of LAKSHMI SAGAR.S has to be entered in all records and documents. The plaintiff was facing difficulties in his life astrologer said because of his name he is facing difficulties and suggested him to change his name as LAKSHMI SAGAR.S instead of SAGAR.S.L. Hence the plaintiff desires to renounce / relinquish and abandon the use of his name SAGAR.S.L and in place thereof do hereby assume the name as LAKSHMI SAGAR.S. From the astrology point of view he has changed his name from SAGAR.S.L, to LAKSHMI SAGAR.S and in this regard the plaintiff has sworn to an affidavit before the Notary on 05/08/2021. He had approached all the defendants with a request to change his name in the above said documents from SAGAR.S.L to LAKSHMI SAGAR.S but the defendants have instructed the plaintiff to approach the court of law and to obtain a decree from the court and also expressed their inability to rectify the name as stated above in spite of request made by the plaintiff and hence has issued Legal Notice to the Defendant No.1 to 10 on 13/08/2021 calling upon them to change the new name of the Plaintiff as LAKSHMI SAGAR.S. The Defendants have received the legal notice. The defendant No.8 have given 5 O.S.No.1255/2022 a reply that, they have no objection to comply the demand made in the notice after the correction in S.S.L.C Marks card. Thereafter, the receipt of the legal notice from the plaintiff the defendants failed to comply the section 80 of Code of Civil Procedure nor replied the same. Hence, the Plaintiff has no further alternative remedy except to file this suit before this Hon'ble Court for appropriate directions. The suit is filed for declaratory relief and mandatory injunction defendants to delete the old name of the Plaintiff as SAGAR.S.L, and to substitute/Issue a fresh marks card by entering the new name of the plaintiff as LAKSHMI SAGAR.S for the future purpose of plaintiff. If the name of the plaintiff is changed from SAGAR.S.L to LAKSHMI SAGAR.S in all his school records, and above said documents no prejudice will caused to the defendants. On the other hand, if the Plaint is not allowed, the Plaintiff will be put to great hardship and injury which cannot be compensated in terms of money. The cause of action to this suit arose on 13.08.2021 when the plaintiff issued the legal notice to the defendants and when the defendants received the legal notices, thereafter, when the defendants fail to change the new name of the plaintiff and within the territorial jurisdiction of this Court.
3. On issuance of summons, the defendant No.3 appeared through his counsel and filed written statement by contending as follows;
The suit filed by the plaintiff is not maintainable either in law or on facts of the case. The allegations made against the defendant authority are all false and the plaintiff must be put to strict proof of the same. The defendants cannot act to the whims and fancies of the plaintiff. The above said defendants are abide by the rules and regulations followed by the 6 O.S.No.1255/2022 department. The particulars furnished by the parents of the student, which were supported by documents will be entered in school records during admission and the same will be continued and reflected in student's school and educational records. As per the circular issued by the commissioner of education department, there is no provision to change name of the student in the school 3022 records. On this ground also the above suit is not maintainable. The averments made in the plaint, in para No. 2 to 18 has no legal relevancy, are all false and plaintiff is put to strict proof of the same. The plaintiff's is changing his name in school records, there is no mistake or fault of the above defendants. The Parents given the details of the Student during the time of admission will be taken to the records and maintained by the defendants. As per the rules of Education department, the particulars furnished by the parents of the student, which were supported by documents will be entered in the school record during admission to 1st standard in the primary school and the same will be continued and reflected in students school and other educational records. Admittedly, there is no fault of the defendants in the above case, as plaintiff's himself willing to changing his Name, as per the plaint averments and prayer. Therefore, without any fault of these defendant are dragged to court and made to bear heavy litigation expenses. It is submitted that, the above said defendants are abide by the rules and regulations followed by the Education Department. If the suit is allowed then the above defendants department will be put to lot of hardships and changing of the name, in the school and educational records involves laborious procedures to be followed by the Department and unnecessarily consumes the precious public time and 7 O.S.No.1255/2022 money of the defendants departments which were meant to be devoted for the purpose of Education. To satisfy the personal interest, whims and fancies of the plaintiff. The litigation expenses spent by the government and the defendants department must be borne by the plaintiff, in the above case. The other averments which were not specifically traversed herein are denied as false and the plaintiff must be put to strict proof of all the averments made. The plaintiff, have not specified any reasons for the change of his name and date of birth, they also not disclosed in which records they want change of name in the plaint, hence suit is not maintainable, on this ground is also liable to be dismissed. The suit is barred by limitation as the suit is filed by the plaintiff after a lapse of considerable time, and further submitted that the plaintiff has not given any reasons to change the name. On this ground also the suit is liable to be dismissed and non-joinder of the necessary party on this ground also the suit is liable to be dismissed. Plaintiff has not followed any legal procedures of changing the his name and by swearing affidavit and by giving paper publication. On this grounds also the suit is liable to be dismissed. Under Order 7 rule 7 of C.P.C. "Relief to be specifically stated,- Every plaint shall state specifically the relief which the plaintiff claims either simply or in the alternative and it shall not be necessary to ask for general or other relief which may always be given as the court may think just to the same extent as if it had been ask for." But the plaintiff has not specified the particulars. Hence on this ground also the suit is liable to be dismissed. There is no cause of action for the suit and the alleged cause of action is imaginary. Hence, prayed to dismiss the suit with cost, in the interest of justice and equity.
8O.S.No.1255/2022
4. Based on these pleadings, This court has framed issues as under:
1. Whether the plaintiff proves that he is entitled for relief of declaration as sought against defendants ?
2. What Order or Decree ?
5. The plaintiff got examined himself as P.W.1 and got marked as many as 17 documents as per Exs.P1 to P17 and closed his side. The defendants did not adduce their side of evidence and did not exhibit any documents on their behalf.
6. Heard the arguments and perused the records. The plaintiff has field memo of citation.
7. My findings on the above issues are:
Issue No.1 : In the Affirmative; Issue No.2 : As per Final Order below, for the following:
REASONS
8. ISSUES NO.1: Plaintiff, in order to prove his case, stepped into the witness box and got examined as PW1 and he filed his Affidavit in lieu of oral evidence, wherein he reiterated the plaint averments and in order to corroborate his testimony, got produced, in support of his claim, 17 documents marked as per Exs.P1 to P17. Ex.P1 is the notarized copy of SSLC marks card, Ex.P2 is the notarized copy of 2 nd PUC marks card, Ex.P3 is the notarized copy of statement of marks of 1st semester B.E, Ex.P4 is the notarized copy of statement of marks of 2nd semester B.E, Ex.P5 is the notarized copy of statement of marks of 3rd semester B.E, Ex.P6 is the notarized copy of statement of marks of 4th semester B.E, Ex.P7 is the 9 O.S.No.1255/2022 notarized copy of statement of marks of 5th semester B.E, Ex.P8 is the notarized copy of statement of marks of 6th semester B.E, Ex.P9 is the notarized copy of statement of marks of 7 th semester B.E, Ex.P10 is the notarized copy of statement of marks of 8th semester B.E, Ex.P11 is the notarized copy of B.C. Convocation certificate, Ex.P12 is the astrologer letter, Ex.P13 is the name change affidavit, Ex.P14 is the reply by defendant No.8, Ex.P15 is the office copy of legal notice dated 13.08.2021 with 10 postal receipts and 4 acknowledgments, Ex.P16 is the paper publication as to change of name - 2 in Nos., Ex.P17 is the notarized copy of aadhar card of plaintiff.
9. Upon consideration of above facts and documents it is seen that as per EXP12 on astrologer advice, for his future prospects plaintiff seeking the relief of declaration and change of name as "LAKSHMI SAGAR S" instead of "SAGAR S.L. and in pursuance of the same he has got done Ex.P13 name change affidavit dated 05.08.2021 and EXP16 paper publication's in Kannada Prabha and The New Indian Express dated 06.08.2021 which are requirements under law and these were prior to filing of this suit in 2022. Further defendant's would not be prejudiced if relief is granted, on the other hand plaintiff would be put to lot of hardship if the said relief is not granted. Under such circumstances issue No.1 is answered in the affirmative.
10. ISSUE NO.2: In view of my findings on issue No.1, I proceed to pass the following:
10O.S.No.1255/2022 ORDER The suit filed by the plaintiff is hereby decreed.
Further declared that name of the plaintiff to be called as "LAKSHMI SAGAR S" instead of "SAGAR S.L."
Further defendants directed to change the name of plaintiff from "SAGAR S.L." to "LAKSHMI SAGAR S" in the records issued by them such as, marks card, convocation, transfer certificate and study certificate etc., on collection of necessary fee.
No Order as to costs.
Draw Decree accordingly.
*** (Dictated to the Stenographer on Computer and print out taken thereof is revised, corrected, signed and then pronounced by me in Open Court on this the 15 th day of July, 2022).
(S.G.SUNITHA) VII Addl. City Civil & Sessions Judge, Bengaluru.
ANNEXURE Witnesses examined on behalf of Plaintiff:
P.W.1 - Mr. Sagar S.L. Documents marked on behalf of Plaintiff :
Ex.P.1 Notarized copy of SSLC marks card Ex.P.2 Notarized copy of 2nd PUC marks card 11 O.S.No.1255/2022 Ex.P.3 Notarized copy of statement of marks of 1st Semester B.E Ex.P.4 Notarized copy of statement of marks of 2nd Semester B.E Ex.P.5 Notarized copy of statement of marks of 3rd Semester B.E Ex.P.6 Notarized copy of statement of marks of 4th Semester B.E Ex.P.7 Notarized copy of statement of marks of 5th Semester B.E Ex.P.8 Notarized copy of statement of marks of 6th Semester B.E Ex.P.9 Notarized copy of statement of marks of 7th Semester B.E Ex.P.10 Notarized copy of statement of marks of 8th Semester B.E Ex.P.11 Notarized copy of B.E Convocation Certificate Ex.P.12 Astrologer letter Ex.P.13 Name change affidavit Ex.P.14 Reply by Defendant No.8 Ex.P.15 Office copy of legal notice dated 13.08.2021 with 10 postal receipts and 4 acknowledgments Ex.P.16 Paper publication as to change of name-2 in Nos.
Ex.P.17 Notarized copy of Aadhar card of Plaintiff Witness examined and Documents marked on behalf of Defendants:
-Nil-
(S.G.SUNITHA) VII Addl. City Civil & Sessions Judge, Bengaluru.