Bangalore District Court
Ajith K vs State Of Karnataka on 7 February, 2020
C.R.P.67 Govt. of Karnataka
Form No.9 (Civil)
Title Sheet for
Judgments in Suits
(R.P.91)
TITLE SHEET FOR JUDGMENTS IN SUITS
IN THE COURT OF THE VIII ADDITIONAL CITY CIVIL
AND SESSIONS JUDGE (CCH-15) AT BENGALURU
Dated this the 7th day of February, 2020.
PRESENT:
Sri MALLANAGOUDA, B.Com.,LL.M.,
VIII Additional City Civil and Sessions Judge (CCH-15),
Bengaluru.
ORIGINAL SUIT No.4275/2018
PLAINTIFF : Ajith K.,
Aged about 15 years,
S/o. Y.H. Krishna,
Residing at No.67, 1st Main
Road, Mysore Road,
Avalahalli, Bengaluru - 560
026, since minor,
represented by his father
and natural guardian - Y.H.
Krishna.
(By Sri K.M. Mallesha, Advocate)
-VERSUS-
DEFENDANTS : 1. State of Karnataka,
Represented by its Chief
Secretary, Vidhana Soudha,
Bangalore.
2. The Secretary,
Educational Department,
Government of Karnataka,
Vidhana Soudha,Bangalore.
3. The Registrar of Birth and
Deaths, City Municipal
Council, Mandya.
-2- O.S. No.4275/2018
4. The Block Education
Officer, Block Education
Officer, Bangalore South
Range-1, Shankarmutt
Road, Shankarapuram,
Bangalore-04.
5. The Block Education
Officer, Mangalore,
Dakshina Kannada District,
Mangalore.
6. The Head Master,
Vijaya Bharathi Vidyalaya,
Girinagar II Phase,
Bengaluru - 560 085.
7. The Head Master,
Martin Luther English
th
School, 15 Main,
Nagendra Block, BSK 3rd
Stage, Girinagar Extension,
Bengaluru - 560 050.
8. The Head Master,
Alvas English Medium
School, Higher Primary and
High School, Vivekananda
Nagara, Puttige, Sampige
Post, Mudabidare - 574227.
9. The Head Master,
Excellent English Medium
School, Kallabettu,
Moodbidri - 574 227.
(Defendants 1, 2, 4 and 5 : By
Additional District Government
Pleader)
(Defendants 3 and 6 to 9 :
Placed ex-parte)
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Date of Institution of the Suit : 18-06-2018
Nature of the Suit (Suit on : Declaration.
pronote, Suit for declaration
and possession, Suit for injun-
Cont'd..
-3- O.S. No.4275/2018
ction etc,)
Date of the commencement : 23-04-2019
of recording of the evidence
Date on which the Judgment : 07-02-2020
was pronounced
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Year/s Month/s Day/s
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Total duration : 1 year, 7 months, 19 days
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(MALLANAGOUDA)
VIII Additional City Civil and Sessions Judge,
An&/- Bengaluru.
JUDGMENT
This suit is filed by the plaintiff seeking to declare the plaintiff's name as 'Ajith Krishna' instead of 'Ajith K.' and for mandatory injunction to direct the defendants to enter the plaintiff's changed name in the school records.
2. The brief facts of the plaintiff's case are as under-
Plaintiff has born on 25.6.2003. His parents are Y.H. Krishna and Smt. Hemavathi. He has studied first to fifth standards in the sixth defendant school; sixth Cont'd..
-4- O.S. No.4275/2018 to eighth standards in the seventh defendant school and from ninth standard, he has studied in ninth defendant school and now, he is in tenth standard. In the birth certificate and school records, plaintiff's name is entered as 'Ajith K.' But, as per the advice of the astrologers, plaintiff's parents have changed his name from 'Ajith K.' to 'Ajith Krishna'. Thereafter, plaintiff's parents had approached the defendants and requested them to change the plaintiff's name in the school records, but they informed to approach the Court of law and obtain decree and then only they will rectify the name of the plaintiff. Thereafter, plaintiff's parents got issued notice dated 2.3.2018 to the defendant. In spite of service of notice, defendants have not complied with the demand made in the notice and defendant No.7 has sent untenable reply. Therefore, plaintiff is constrained to file suit for declaration and mandatory injunction.
3. After service of summons, defendants 1, 2, 4 and 5 have appeared through IV Additional District Government Pleader and the other defendants are placed ex-parte. Defendant No.4 has filed written Cont'd..
-5- O.S. No.4275/2018 statement, and defendants 1, 2 and 5 have adopted the same. The averments of the written statement of defendant No.4 are as under -
Suit of the plaintiff is not maintainable either in law or on facts. Averments of Paras 3 to 9 of the plaint that plaintiff has born on 26.5.2003; his parents are Y.H. Krishna and Smt. Hemavathi; he has studied sixth to eighth standards in the eighth defendant school - may be true, but the plaintiff is put to strict proof of the same. Averments that in the birth certificate and school records, plaintiff's name is mentioned as 'Ajith K.', but in view of the advice of the astrologers, plaintiff changed his name as 'Ajith Krishna'; plaintiffs parents approached the defendants requesting them to change the name of the plaintiff, are not known to the fourth defendant and hence, the same are denied and the plaintiff is put to strict proof of the same. Averments regarding issuance of legal notice may be true. At the time of admitting student to the first standard, the school authorities will enter the particulars given by the parents and the same will be continued in the Cont'd..
-6- O.S. No.4275/2018 educational records and there is no fault of fourth defendant. As per the Circular issued by the Commissioner for Education Department, there is no provision for change of name in the school records and hence, the suit is not maintainable. There is no cause of action to file the suit.
4. On the basis of the above facts, this Court framed the following -
ISSUES (1) Whether plaintiff proves that his name is 'Ajith K.' and that as per the advice of the astrologer, he has changed his name from 'Ajith K.' to 'Ajith Krishna'?
(2) Whether plaintiff proves that he is entitled for change of his name from 'Ajith K.' to 'Ajith Krishna' in all his educational records?
(3) Whether plaintiff is entitled for declaration and mandatory injunction as claimed?
Cont'd..
-7- O.S. No.4275/2018 (4) What decree or order?
5. In support of his case, plaintiff examined his next friend who is none other than the natural father of the plaintiff as P.W.1 and got marked documents as per Exs.P.1 to P.18 on his behalf.
6. On the other hand, defendants have not produced any evidence on their behalf.
7. Heard arguments. Perused the records.
8. My findings on the above Issues are as follows -
ISSUE No.1 - Affirmative;
ISSUE No.2 - Affirmative;
ISSUE No.3 - Affirmative;
ISSUE No.4 - As per final order, for the following -
REASONS
9. ISSUE Nos.1 TO 3 : Since all these Issues are inter-related to each other, they are being taken up together for discussion at a stretch in order to avoid repetitive discussion of facts.
Cont'd..
-8- O.S. No.4275/2018
10. It is the case of the plaintiff that plaintiff has born on 26.6.2003 to his parents viz., Y.H. Krishna and Smt. Hemavathi; in his birth certificate and school records, his name is mentioned as 'Ajith K.'; but, subsequently, in view of advice of the astrologer, plaintiff has changed his name as 'Ajith Krishna'; but, when plaintiff's parents requested the defendants to change the plaintiff's name in the school records, they refused for the same and advised for obtaining Court decree; during evidence also, P.W.1, who is the next friend and natural father of the plaintiff, has filed his affidavit as examination-in-chief - in which, he has once again reiterated the facts alleged in the plaint as discussed above. In addition to oral evidence of P.W.1, plaintiff has produced documents like birth certificate, school progress cards, notice copy, postal recepts, acknowledgements, affidavit dated 18.10.2019 and copies of newspapers about publication of the information regarding change of name of the plaintiff.
11. On perusal of the oral and documentary evidence produced by the plaintiff, it appears that there Cont'd..
-9- O.S. No.4275/2018 is sufficient evidence to show that immediately after birth, plaintiff was named as 'Ajith K.', but subsequently, as per advice of the astrologer, plaintiff's parents have changed his name from 'Ajith K.' to 'Ajith Krishna'. Further, as held by the Hon'ble High Court of Kanrataka in a judgment in R.F.A. No.284/2014 (DEC) (Smt. Dorasanamma -versus- State of Karnataka and others), up to secondary level, student's name can be changed as per his/her wish through a judgment and decree of the jurisdictional Court. In view of the judgment referred to above, here in this case also, as the plaintiff's father has sworn to an affidavit regarding change of name of the plaintiff and got the said information published in two local newspapers, the school authorities ought to have responded for the request of the plaintiff's parents and changed the name of the plaintiff in the school records. Therefore, as there is sufficient evidence to show that plaintiff has changed his name and defendants have refused for effecting the changed name in the plaintiff's school records, it is proper and necessary to declare the plaintiff's name as 'Ajith Krishna' instead of 'Ajith K.' Cont'd..
- 10 - O.S. No.4275/2018 and direct the defendants to enter the plaintiff's changed ame in the school records. Hence, Issue Nos.1 to 3 are answered as above.
12. ISSUE No.4 : For my reasons and discussion on the above Issues , I proceed to pass the following -
ORDER Suit of the plaintiff is decreed.
It is declared that the plaintiff's name is 'Ajith Krishna' instead of 'Ajith K.' Defendants are directed to change the plaintiff's name as 'Ajith Krishna' instead of 'Ajith K.' in all the educational records of the plaintiff.
No order as to cost.
Draw decree accordingly.
(Dictated to Judgment Writer, transcribed by him, revised by me and after corrections, pronounced in open Court on this the 7th day of February, 2020.) (MALLANAGOUDA) VIII Additional City Civil and Sessions Judge, An&/- Bengaluru.
Cont'd..
- 11 - O.S. No.4275/2018
ANNEXURE
1. WITNESS EXAMINED FOR THE PLAINTIFF:
Examined on:
P.W.1 : Y.H. Krishna 23-04-2019
2. DOCUMENTS MARKED ON BEHALF OF PLAINTIFF:
Ex.P.1 : Birth certificate. Exs.P.2 : Performance profile of plaintiff. and P.3 Exs.P.4 : Office copies of legal notices. and P.5 Ex.P.6 : Nine postal receipts (together).
Exs.P.7 to : Postal acknowledgements.
P.14 Ex.P.15 : Reply.
Ex.P.16 : Affidavit regarding change of name.
Exs.P.17 : Two newspapers. and P.18
3. WITNESS/ES EXAMINED FOR THE DEFENDANTS:
Nil.
4.DOCUMENT/S MARKED ON BEHALF OF DEFENDANTS:
Nil.
(MALLANAGOUDA) VIII Additional City Civil and Sessions Judge, An&/- Bengaluru.
Cont'd..