Bangalore District Court
Sri. Sanjeev K Nayak vs ) The State Of Karnataka on 3 February, 2023
KABC010231572022
Govt. of Karnataka TITLE SHEET FOR JUDGMENT IN SUITS
Form No.9(Civil)
Title Sheet for
Judgment in suits
(R.P.91)
IN THE COURT OF THE VI ADDL. CITY CIVIL & SESSIONS JUDGE
AT BENGALURU CITY
(CCCH.11)
Dated this the 03rd day of February 2023
PRESENT: Sri. D.P. Kumara Swamy, B.Com., LL.M.,
(Name of the Presiding Judge)
O.S.NO. 5537/2022
PLAINTIFF Sri. Sanjeev K Nayak
S/o Keshappa Nayak Urf Lamani,
Aged about 41 years,
R/at No.66, 2nd Cross,
Kirloskar Layout,
Hesaraghatta Main Road,
Nagasandra Post,
Bengaluru North Taluk,
Bengaluru - 560 073.
[By Pleader Sri. Nataraj. H.P]
/Vs/
OS.No.5537/2022
2
DEFENDANTS 1) The State of Karnataka
Rep.by its Principal Secretary,
Department of Education,
Vidhana Soudha,
Dr. Ambedkar Veedhi,
Bengaluru - 560 001.
2) The Commissioner
Department of Education
Nrupathunga Road,
Bengaluru - 560 001.
3) The Deputy Director of Public Instructions
(DDPT) Office, Department of Education,
Bengaluru South District,
Kalasipalya,
Bengaluru - 560 002.
4) The Block Education Officer
Department of Education (BEDO)
Bengaluru South Distruct,
Majestic,
Bengaluru.
5) The Director
Karnataka Secondary Education Board,
Malleshwaram,
Bengaluru.
6) The Director
Department of Pre-University Education,
Malleshwaram,
Bengaluru.
7) The Principal
Basaveshwar High School and College,
Bagalkot - 587 101.
8) The Principal
Basaveshwar Science College,
Bagalkot - 587 101.
OS.No.5537/2022
3
9) The Veshveshwaraiah Technology
University
Machee Belagavi,
Belagum - 560 018.
10) The Registrar
Kuvempu University,
Jnanasayadhri, Shankar Ghatta,
Shimoga - 577 451.
11) The Director at National Institute
of Technology
Karnataka, NH-66, Srinivasa Nagar,
Surathkal,
Mangalore - 575 025.
[D1 to 5 - 3rd ADGP]
[D6 to 11 - Ex-parte]
Date of Institution of the suit : 24.08.2022
Nature of the Suit : Declaration
Date of commencement of recording
of evidence : 25.01.2023
Date on which the Judgment was
pronounced : 03.02.2023
Year/s Month/s Day/s
Total Duration : 00 05 10
(D.P.KUMARA SWAMY)
VI ADDL.CITY CIVIL & SESSIONS JUDGE
BENGALURU CITY
OS.No.5537/2022
4
JUDGMENT
This is a suit for declaration that the name of the plaintiff is "Sanjeev K Nayak" and for consequential relief of correction in school records and other records of the plaintiff.
2. The pleaded facts of the case of the plaintiff may be stated to the following effect :-
2.1 The plaintiff is born on 14.01.1982. One Sri. Keshappa Nayak @ Lamani is the father and one Smt. Ramanabai is the mother of the plaintiff. 2.2 The plaintiff completed his SSLC in 1988 at Basaveshwara High School and completed his PUC at Pre-University College, Bagalkote. 2.3 In the SSLC marks card of the plaintiff the name of the plaintiff is return as "Sanjeev". 2.4 The plaintiff has completed his BE in Electrical & Electronics Engineering from Basaveshwara College, Bengalkote in the year 2005. In the degree marks card and degree OS.No.5537/2022 5 certificate, the name of the plaintiff is mentioned as Sri. Sanjeev K Nayak. The plaintiff has completed PHD from National Institute of Technology, Surathkal, Karnataka. Even in the PHD certificate also the name of the plaintiff is mentioned as Sri. Sanjeev K Nayak.
2.5 The plaintiff has been working in academic as Asst/Associate Professor and in his service records the name as shows as Sri. Sanjeev K Nayak. 2.6 In the Government order No. DTE/59/EST4(A) (1)/2018/5085 dated: 30.01.2020, Bengaluru, it is brought to the notice of the plaintiff about the said discrepancies. The Department where the plaintiff has applied for post of Asst/Associate Professor has raised objection regarding the said discrepancies.
2.7 The plaintiff has approached the concerned school and colleges and Boards for correction of his name.
2.8 The above are the facts constituting the cause of action for the suit. Hence, this suit.
OS.No.5537/2022 6
3. After service of suit summons, the defendant No.1 to 5 have appeared through learned 3 rd ADGP, but not filed their written statement.
4. After service of suit summons, the defendants No.6 to 11 have not appeared before the Court. Hence, they are placed ex-parte.
5. The plaintiff has adduced by evidence and got himself as PW1 and got marked Ex.P1 to P26.
6. Heard the arguments of learned Advocate for the Plaintiff and also learned 3rd ADGP. Perused the records.
7. The following points do arise for my consideration in this judgment;
(1) Whether the Plaintiff has proved that his name is "Sanjeev K Nayak" ?
(2) Whether the Plaintiff is entitled for the relief of correction of his school records ?
(3) What Order or Decree?
OS.No.5537/2022 7
8. My findings on the Points are as follows:
Point No.1 : In the Affirmative Point No.2 : In the Affirmative Point No.3 : As per the final order for the following:
REASO NS
9. POINT NO. 1:- In his examinations-in-chief by way of his affidavit (which he has submitted on oath on entering into the witness box), the PW1(the plaintiff) has reiterated the pleaded facts of the case of the plaintiff which are noted supra.
10. Ex.P1 is the original SSCL marks card of the plaintiff. Therein, the name of the plaintiff is written as "Sri. Sanjeev S/o Keshappa Nayak". Ex.P2 is the PUC marks card of the plaintiff. Ex.P2 also the name of the plaintiff return as "Sri. Sanjeev S/o Keshappa Nayak". Ex.P3 to P10 are the BE marks card of the plaintiff. Ex.P11 is the degree certificate of the plaintiff. Ex.P12 to P15 are the M.Tec marks card of the plaintiff. Ex.P16 is the Master degree OS.No.5537/2022 8 certificate of the plaintiff. Ex.P17 is the PHD marks card of the plaintiff. Ex.P18 is the PHD certificate of the plaintiff. Ex.P19 is the study certificate of the daughter of the plaintiff. Ex.P3 to P10 the name of the plaintiff shown as "Sanjeev K Nayak" S/o Keshappa Lamani. In Ex.P11 to 19 the name of the plaintiff is shown as "Sanjeev K Nayak".
11. As already noted supra, the defendant No.1 to 5 have appeared through learned 3 rd ADGP, but not filed their written statement. The defendant No. 6 to 11 are ex-parte. The learned 3rd ADGP has not cross examined PW1. The end result is that, the pleading in the plaint, the oral evidence of PW1 and the documentary at Ex.P1 to P26 have remained unchallenged.
12. Ex.P1, as indicted supra shows that the name of the plaintiff is "Sanjeev" and he is son of "Keshappa Nayak". Ex.P2 is also to the same effect. Ex.P3 to P10 show that the name of the plaintiff "Sanjeev K Nayak" and that he is son of OS.No.5537/2022 9 "Keshappa Lamani". Ex.P11 to P19 show that the name of the plaintiff is "Sanjeev K Nayak". Ex.P19 shows that the cast of the plaintiff is Lambani. In the name "Sanjeev K Nayak" "K" stands for "Keshappa" and "Nayak" is sir name of the plaintiff. In the name "Keshappa Lamani" (being the name of the father of the plaintiff), "Lamani" stands for cast of the father of the plaintiff. In the facts and circumstances of the case on hand, I am satisfied that the name of the plaintiff is "Sanjeev K Nayak". Hence, Point No.1 is held in the Affirmative.
13. POINT NO. 2:- In view of the above conclusion, it is necessary that the school records of the plaintiff must be corrected so as to indicate that the name of the plaintiff is "Sanjeev K Nayak". Hence, the plaintiff is entitled for the consequential relief of rectification of his school records. Hence, Point No.2 is held in the Affirmative.
14. POINT NO. 3:- Hence, the following:
OS.No.5537/2022 10 ORDER (1) The suit is decreed in following terms.
(2) It is declared that the name of the plaintiff is "Sanjeev K Nayak".
(3) Issue direction to the
defendants No.5 and 6 to
correct the name of the plaintiff in his SSLC marks card bearing Register No. 240553 dated:
30.05.1998; and also in his PUC marks card bearing Register No.200353 dated: 05.06.2000 so as to mention the name of the plaintiff as "Sanjeev K Nayak" in the place of "Sanjeev".
(4) No order as to costs.
(5) Draw decree accordingly.
(Dictated to the Stenographer, transcribed and computerized by her, transcript thereof corrected and then pronounced by me in open court, on this the 03rd day of February, 2023.) (D.P. KUMARA SWAMY) VI Addl.City Civil & Sessions Judge Bengaluru City.
OS.No.5537/2022 11 ANNEXURE List of witnesses examined on behalf of :
(a) Plaintiff's side :
P.W.1 Sri. Sanjeev K Nayak - 25.01.2023
(b) Defendants' side : N I L List of documents exhibited on behalf of :
(a) Plaintiff's side :
Ex.P.1 Original SSLC marks card of PW1 Ex.P.2 Original PUC marks card of PW1 Ex.P.3 - 10 Original BE marks cards of PW1 Ex.P.11 Original BE convocation certificate of PW1 Ex.P.12 - 15 Original M.Tec marks cards of PW1 Ex.P.16 Original M.Tec convocation certificate of PW1 Ex.P.17 Original PHD grade card issued by NITK Surathkal Ex.P.18 Original PHD convocation certificate issued by NITK Surathkal Ex.P.19 Study certificate of PW1's daughter Ex.P.20 Notice dated: 23.08.2022 Ex.P.21 11 postal receipts Ex.P.22 8 postal acknowledgement Ex.P.23-25 3 requisition letters Ex.P.26 Affidavit of PW1 dated: 24.11.2021
(b) Defendants' side : NIL VI Addl.City Civil & Sessions Judge Bengaluru City.