Bangalore District Court
Munirathna R vs The Chief Secretary, Government Of ... on 4 January, 2025
KABC010028952024
IN THE COURT OF THE VII ADDL. CITY CIVIL AND
SESSIONS JUDGE, (CCH-19) AT BENGALURU.
DATED: THIS THE 4TH DAY OF JANUARY, 2025
PRESENT: SRI. K.S. VIJAYA, B.com, LLM.,
VII Addl. City Civil & Sessions Judge,
Bengaluru.
O.S. NO.844/2024
PLAINTIFF Ms. Munirathna.R.
Aged about 29 years
(Ms. Parinaya.R.)
D/o Sri. Raja.N.Achari
R/at No.77, 1st Main, 4th Cross,
New Bank Colony, Konanakunte,
VIT Bengaluru South District,
Bengaluru-560 062.
(By Sri.Manjunath Reddy.V.K.,
Advocate)
V/S
DEFENDANTS 1. The Chief Secretary
Government of Karnataka
Vidhana Soudha
Bengaluru-560 001.
2. The Secretary
Karnataka Secondary Education
Examination Board
Malleshwaram, Bengaluru-560 003.
3. The Director
Department of Pre-University
Education, 8th Cross Road,
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O.S.NO.844/2024
Sampige Road, Malleshwaram,
Bengaluru-560 003.
4. The Head Master
J.S.S. High School
8th Block, Jayanagar,
Bengaluru South,
Bengaluru-560 062.
5. The Principal
Silicon City PU College
Kumar Nursery,
New Bank Colony,
Konanakunte, Bengaluru-560 062.
6. The Principal
Silicon City College of Management
Commerce
Kumar Nursery,
New Bank Colony,
Konanakunte, Bengaluru-560 062.
7. Visvesvaraya Technological
University
Belagavi, Jnana Sangama,
VTU Main Road, Machhe
Belagavi-590 018.
By its Registrar
8. The Principal
R.N.S. Institute of Technology
Dr.Vishnuvardhana Road Post,
Channasandra, Rajarajeshwari
Nagar, Bengaluru-560 098.
(D1 to D3-DGP., Advocate)
(D4, D5, D7 and D8-Exparte)
Date of institution of Suit 01-02-2024
Nature of the Suit Declaration
Date of commencement 04-12-2024
of recording of evidence
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O.S.NO.844/2024
Date on which Judgment 04-01-2025
was pronounced
Total duration Year/s Month/s Day/s
01 01 03
(K.S. VIJAYA)
VII ADDL. CITY CIVIL AND
SESSIONS JUDGE, BENGALURU.
JUDGMENT
The Plaintiff has filed this suit for the relief of declaration to declare her name as "PARINAYA.R." instead of "MUNIRATHNA.R." and sought for direction to the concerned authorities to change her name as "PARINAYA.R." in her SSLC, PUC, B.B.M. and MBA Marks Cards and Convocation Certificate of B.B.M. and M.B.A.
2. The brief facts of the Plaintiff's case is that she is a permanent resident of Bengaluru City and she completed her SSLC with the school of Defendant No.4, PUC with the college of Defendant No.5, B.B.M. with the college of Defendant No.6, M.B.A. with the college of Defendant No.7 which is affiliated to Defendant No.8. In her Marks Cards as well as in Convocation Certificate, her name was entered as "MUNIRATHNA.R.". 4
O.S.NO.844/2024
3. Further it is submitted by the Plaintiff that as per the advise of elders and the family members, she decided to change her name as "PARINAYA.R." from "MUNIRATHNA.R.". In this regard, she had sworn to an affidavit before the Notary Public on 08.09.2023. She had declared herself to be called as "PARINAYA.R." in the place of "MUNIRATHNA.R.". After swearing to such affidavit before the Notary Public, she has also caused paper publication regarding her change of name in Kannada as well as English Newspapers Kannada Prabha and The New Indian Express respectively dated 09.09.2023.
4. Further it is submitted by the Plaintiff that after swearing to such affidavit and causing public notice in that regard, she had approached the concerned authorities to change her name as "PARINAYA.R." in her SSLC, PUC, B.B.M. and M.B.A. Marks Card and Convocation Certificate of B.B.M. and M.B.A. But as they did not change her name, she had issued legal notice dated 08.09.2023. Inspite of service of such notice, the Defendants did not change her name in her Marks Cards, hence she has filed the present suit for the above said reliefs.
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5. Upon service of summons, the Defendants No.1 to 3 have appeared through the learned D.G.P. The Defendants No.4 to 8 remained absent and they were placed Exparte. The Defendant No.2 has filed written statement and the same was adopted by the Defendants No.1 and 3.
6. In the written statement, it is contended by the Defendants No.1 to 3 that the school authorities have entered the name of the Plaintiff as per the information given by her parents, hence there was no mistake crept from the side of the Defendants. The Plaintiff has not arraigned/arrayed necessary parties to the present suit. There is delay in approaching the Court for getting change of her name in the Marks Cards. Hence prayed for dismissal of the suit on the said grounds.
7. Apart from that, it is contended by the Defendants No.1 to 3 that as per the circular issued by the Commissioner of Education, there is no provision to change the name of the Plaintiff in her school records. Hence prayed for dismissal of the suit.
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8. After going through the pleadings and other materials available on record, the following Issues were framed:-
1. Whether the Plaintiff is entitled for the relief of Declaration as sought ?
2. What order or decree ?
9. In order to prove the above said issues, the Plaintiff got examined herself as PW.1 and got marked 25 documents as per Ex.P1 to Ex.P.25. Though PW.1 was cross examined by the learned D.G.P. for Defendants No.1 to 3, none of the Defendants opted to lead evidence from their side.
10. Heard arguments. After considering oral as well as documentary evidence and also after hearing arguments, my answer to the above Issues are:-
ISSUE NO.1 : In the Affirmative.
ISSUE NO.2 : As per final order;-
REASONS
11. ISSUE NO.1: The Plaintiff while examined before the Court as PW.1 has produced her SSLC Marks Card as per Ex.P1, PUC Marks Cad as per Ex.P2, Marks Cards of 7 O.S.NO.844/2024 B.B.M. as per Ex.P3 to Ex.P8, Marks Cards of M.B.A. as per Ex.P10 to Ex.P13, Convocation Certificates of B.B.M. and M.B.A. as per Ex.P9 and Ex.P14 respectively.
12. As per the documents marked as Ex.P1 to Ex.P14, it is clearly forthcoming that such documents are related to the Plaintiff and her name was entered in the school records as "Munirathna.R.". No doubt, such name was entered as per the information given by the parents of the Plaintiff/Plaintiff herself. It is also admitted fact that no mistake was committed by the authorities in entering the name of the Plaintiff in the above said records.
13. it is the definite case of the Plaintiff that she is intending to change her name as "PARINAYA.R." in the place of "MUNIRATHNA.R." In this regard, the Plaintiff had sworn to before the Notary Public declaring herself that she was to be called as "R.PARINAYA". The affidavit sworn before the Notary Public is produced before the Court as per Ex.P15. Basing on such declaration of the Plaintiff before the Notary Public, she has caused publication of such intention to change her name in Kannada Daily Newspaper-Kannada Prabha and English Daily 8 O.S.NO.844/2024 Newspaper-The New Indian Express. Both are dated 09.09.2023. The same are marked as Ex.P24 and Ex.P25 respectively. The concerned publications are marked as Ex.P24(a) and Ex.P25(a) respectively.
14. After going through the Ex.P15, Ex.P24(a) and Ex.P25(a), it is clearly forthcoming that the Plaintiff voluntarily as per her will and wish is intending to change her name as "R.PARINAYA" in the place of "MUNIRATHNA.R.". As per such her will and wish, she has already got changed her name in the Aadhar Card, Driving License and PAN Card, Notarized copies of which are marked as Ex.P16 to Ex.P18 respectively.
15. The Plaintiff has also produced copy of Legal Notice, Postal Receipts, Postal Acknowledgment, Postal Track Consignment Report as per Ex.P19 to Ex.P23 respectively.
16. After considering the above said pleadings as well as documents tendered by the Plaintiff, it is clearly forthcoming that it is not the case of the correction of name of the Plaintiff due to mistake committed by any of the authorities, but it is the case of the Plaintiff that as per her will and wish, she is 9 O.S.NO.844/2024 intending to get change her name as "PARINAYA.R." in the place of "MUNIRATHNA.R.".
17. In this regard, I would like to rely on the decision of the Hon'ble Apex Court in Civil Appeal No.3905/2011 between Jigya Yadav (Minor) through her guardian father Harisingh V/s CBSC and others, the Hon'ble Apex Court was pleased to direct the CBSC to amend its bye-law with regard to change/correction of name of the students in case of need. By the said judgment, it is made clear by the Hon'ble Apex Court that persons intending to get change the name can do so and such request is to be entertained.
18. By relying on the said judgment, the Hon'ble High Court of Allahabad in Writ-C No.16056/2021 between Rashmi Srivastava v/s State of U.P through Principal Secretary, Secondary Education and others and other judgments, was pleased to hold that the right to change the name is considered as a right guaranteed under Article 19(1)(a) of the Constitution of India.
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19. As per the said judgment of the Hon'ble Apex Court as well as of the Hon'ble High Court of Allahabad, the person may get change his/her name if there is no prejudice is caused to any person or to the Government or public at large. No such circumstances are brought to the knowledge of this Court.
20. Considering the above said facts and circumstances, I am of the opinion that the Plaintiff is entitled for the relief as sought, hence I proceed to hold the Point No.1 in the Affirmative.
21. ISSUE NO.2: For the foregoing reasons, I proceed to pass the following:-
ORDER The suit of the Plaintiff is hereby decreed.
The name of the Plaintiff is hereby declared as "PARINAYA.R." in the place of "MUNIRATHNA.R.".
The Defendants are hereby directed to rectify the name of the Plaintiff as "PARINAYA.R." in the place of "MUNIRATHNA.R." in her SSLC, 11 O.S.NO.844/2024 PUC, B.B.M. and M.B.A. Marks Cards and also in Convocation Certificates of B.B.M. and M.B.A. and any other records maintained by them.
Office is directed to draw decree accordingly.
(Dictated to the Stenographer transcribed by him and print out taken by him, revised, corrected and then pronounced by me in open Court today the 4th day of January, 2025).
(K.S. VIJAYA) VII ADDL. CITY CIVIL AND SESSIONS JUDGE, BENGALURU.
ANNEXURE Witnesses examined on behalf of Plaintiff:
PW.1 : Ms.Munirathna.R. Documents marked on behalf of Plaintiff:
Ex.P.1 SSLC Marks Card of Plaintiff (Laminated) Ex.P.2 PUC Marks Card of the Plaintiff (Laminated) Ex.P.3 Marks Cards of BBM.
to Ex.P8
Ex.P.9 Convocation Certificate of BBM
Ex.P.10 Marks Cards of MBA.
to Ex.P.13
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Ex.P.14 Convocation Certificate of MBA
Ex.P.15 Affidavit sworn to before Notary Public regarding
change of name
Ex.P.16 Notarized copy of Aadhar Card of the Plaintiff
(Compared with the original and original is returned to the witness) Ex.P.17 Notarized copy of Driving License of the Plaintiff (Compared with the original and original is returned to the witness) Ex.P.18 Notarized copy of PAN Card of the Plaintiff (Compared with the original and original is returned to the witness) Ex.P.19 Office Copy of the Legal Notice dated 08.09.2023 Ex.P.20 Postal receipts - 8 in Nos. Ex.P.21 Postal acknowledgments - 6 in Nos. Ex.P.22 Delivery slip of registered post (2 pages) Ex.P.23 Delivery slip of registered post (2 pages) Ex.P.24 Kannada Daily Newspaper - Kannada Prabha dated 09.09.2023 Ex.P.24(a) Concerned publication Ex.P.25 English Daily Newspaper -Indian Express dated 09.09.2023 Ex.P.25(a) Concerned publication 13 O.S.NO.844/2024 Witnesses examined and Documents marked on behalf of Defendants:
- Nil -
VII ADDL. CITY CIVIL AND SESSIONS JUDGE, BENGALURU.