Bangalore District Court
Srishti Tyagi vs State Of Karnataka, Reptd. By Chief ... on 24 October, 2024
KABC010230882024
IN THE COURT OF THE VIII ADDITIONAL CITY CIVIL
AND SESSIONS JUDGE (CCH-15) AT BENGALURU
Dated this the 24th day of October, 2024.
PRESENT:
Smt. VANI A. SHETTY, B.A.L.,L.L.B.,
VIII Additional City Civil and Sessions Judge,
Bengaluru.
ORIGINAL SUIT No.6364/2024
PLAINTIFF : Miss Srishti Tyagi,
D/o. Vishwanath Kumar,
Aged about 25 years,
Residing at W-101,
Satyagreen Apartments,
Near Thindlu Circle,
Vidyaranyapuram Post,
Bengaluru - 560 097.
(By Sri V. Muniraju, Advocate)
-VERSUS-
DEFENDANTS : 1. State of Karnataka
represented by Chief
Secretary, Vidhana Soudha,
Bengaluru - 560 001.
2. The Registrar (Evaluation),
Bengaluru University,
Jnanabharathi Campus,
Mysore Road,Bengaluru-56.
3. The Principal,
IIFT College of Fashion,
No.38/2, Jaimunirao Circle
Complex, Agrahara, Magadi
Main Road, Vijayanagar,
Bengaluru - 560 079.
-2- O.S. No.6364/2024
(Defendant No.1 by learned
District Government Pleader)
(Defendant Nos.2 and 3 : Ex-parte)
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Date of Institution of the Suit : 04-09-2024
Nature of the Suit (Suit on : Declaration.
pronote, Suit for declaration
and possession, Suit for injun-
ction etc,)
Date of the commencement : 14-10-2024
of recording of the evidence
Date on which the Judgment : 24-10-2024
was pronounced
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Year/s Month/s Day/s
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Total duration : -year/s, 1 month, 20 days
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(VANI A. SHETTY)
VIII Additional City Civil and Sessions Judge,
An&/- Bengaluru.
JUDGMENT
The plaintiff has filed the suit for declaration and mandatory injunction to direct the defendants to incorporate the name of the plaintiff as 'Srishti Tyagi' in the place of 'Srishti' in her degree marks card and convocation degree certificate.
2. The case of the plaintiff is that in all her school records i.e., SSLC marks card, PUC marks card, B.Sc. marks cards, study certificate of degree college and Cont'd..
-3- O.S. No.6364/2024 other documents, the name of the plaintiff is shown as 'Srishti Tyagi'. As against her correct name mentioned above, the defendant No.2 has erroneously written her name as 'Shristi' by deleting the suffix 'Tyagi' in her degree marks card pertaining to Bachelor of Science (FAD) (CBCS) and the same mistake is repeated in the convocation degree certificate also. The plaintiff requested for necessary corrections in the records of the defendant Nos.2 and 3 by issuing notice dated 24.6.2024. Though the defendants have received the notice, they have not complied with the demand of the plaintiff. Hence, this suit is filed by the plaintiff.
3. On service of summons, the defendant No.1 entered appearance through learned District Government Pleader. The defendant Nos.2 and 3 have not appeared before the Court and hence, they were placed ex-parte. The defendant No.1 has not filed the written statement.
4. On the basis of the above pleadings, the following points arise for consideration:-
Cont'd..
-4- O.S. No.6364/2024 (1) Whether the plaintiff has proved that the defendants have wrongly entered her name as 'Srishti' by deleting the suffix 'Tyagi' in her degree marks cards and convocation degree certificate as alleged?
(2) Whether the plaintiff is entitled for the relief as sought for?
(3) What order or decree?
5. In order to prove the case, the plaintiff got herself examined as P.W.1 and got marked Exs.P.1 to P.15 documents.
6. Heard the argument.
7. My answers to the above points are as follows:-
POINT No.1 - Affirmative;
POINT No.2 - Affirmative;
POINT No.3 - As per final order, for the following -
REASONS
8. POINT NOs.1 AND 2 : It is the case of the plaintiff that her name is 'Srishti Tyagi' and the same is Cont'd..
-5- O.S. No.6364/2024 correctly mentioned in her SSLC marks card, II PUC marks card, study certificate of degree college, passport, Aadhaar card and PAN card. It is further submitted that the defendant No.2 has erroneously written her name as 'Srishti' by deleting the suffix 'Tyagi' in all the degree marks cards pertaining to Bachelor of Science (FAD) (CBCS) and convocation degree certificate.
9. In order to prove the case, in addition to her evidence, the plaintiff has produced her SSLC marks card, PUC marks card, passport, PAN card and Aadhaar card at Exs.P.1, P.2, P.10 to P.12. In all these documents, the name of the plaintiff is mentioned as 'Srishti Tyagi'. The plaintiff has produced her Bachelor of Science (FAD) (CBCS) degree marks card and convocation degree certificate at Exs.P.4 to P.9, wherein her name is shown only as 'Srishti'. Ex.P.13 is the legal notice issued to the defendants dated 24.6.2024. Ex.P.14 is the postal receipts evidencing the issuance of Ex.P.13 notice. Ex.P.15 are the postal consignment track records evidencing the service of notice to the defendants. Hence, the plaintiff has proved that her name is wrongly mentioned as 'Srishti' without affixing Cont'd..
-6- O.S. No.6364/2024 'Tyagi' in Exs.P.4 to P.9 i.e., B.Sc. degree marks cards and convocation degree certificate. Therefore, the plaintiff is entitled for the relief to change her name in her Bachelor of Science (FAD) (CBCS) degree marks card and convocation degree certificate.
10. In view of the reasons stated above, the change of the name in no way affects the administration or cause inconvenience to any of the parties. The Court is of the opinion that the rights and feelings of the plaintiff should be respected and her name shall be corrected in the concerned records. Therefore, point Nos.1 and 2 are answered in the affirmative.
11. POINT No.3 : The defendants are the Government and public officers. While decreeing the suit, the plaintiff is not entitled for any cost from the defendants. Accordingly, the following order is passed:-
ORDER The suit is decreed.
The defendants are directed to change the name of the plaintiff as 'Srishti Tyagi' in the place of 'Srishti' in her degree marks card and convocation degree certificate bearing registration No.18X4S85030.
Cont'd..
-7- O.S. No.6364/2024 Draw decree accordingly. [Dictated to Senior Sheristedar (now under instructions to work as Stenographer Grade-I), transcribed by him, revised by me and after corrections, pronounced in open Court on this the 24 th day of October, 2024.] (VANI A. SHETTY) VIII Additional City Civil and Sessions Judge, An&/- Bengaluru.
ANNEXURE
1. WITNESS EXAMINED FOR THE PLAINTIFF:
Examined on:
P.W.1 : Srishti Tyagi 14-10-2024
2. DOCUMENTS MARKED ON BEHALF OF PLAINTIFF:
Ex.P.1 : Notarized copy of marks card of the Secondary School Examination (CBSE). Ex.P.2 : Notarized copy of Senior School Certificate Examination (CBSE).
Exs.P.3 : Notarized copies of six B.Sc., marks cards. to P.8 Ex.P.9 : Notarized copy of degree convocation certificate.
Exs.P.10 : Notarized copies of Passport, PAN card and to P.12 Aadhaar card. Ex.P.13 : Office copy of legal notice dated 24.6.2024. Ex.P.14 : Four postal receipts. Ex.P.15 : Four postal consignment track records.
3. WITNESS EXAMINED FOR THE DEFENDANTS:
Nil.
4.DOCUMENT MARKED ON BEHALF OF DEFENDANTS:
Nil.
(VANI A. SHETTY) VIII Additional City Civil and Sessions Judge, An&/- Bengaluru.
Cont'd..