Bangalore District Court
Lakshmi Devi P vs The Secretary on 22 May, 2023
IN THE COURT OF XLII ADDITIONAL CITY CIVIL AND
SESSIONS JUDGE, BENGALURU (CCH-43)
Present: Sri. Kengabalaiah,
B.Com., LL.B.
XLII Addl. City Civil & Sessions Judge.
Dated this 22 nd Day of Mary, 2023
O.S.No. 7729/2022
Plaintiff/s : Lakshmi Devi P.
D/o H.N.Prakash
Aged about 31 years,
R/at No.73, 1st Cross, 2nd Main,
Gangadharnagar, J.P.Nagar Post,
Bangalore - 78.
[By Sri. K.V.Naveen, Adv.]
-Vs-
Defendant/s : 1. The Secretary
The Karnataka Secondary
Education Examination Board,
6th Cross Road, Malleshwaram West,
Bengaluru - 560 003
2. The Commissioner,
Department of Pre-University
Education, Sampige Road,
18th Cross, Malleshwaram Opp. CET
Bangalore - 12.
3. The Registrar,
Bangalore University
Department of Bachelor of Arts
Mysore Road, Jhana Bharathi
Bangalore - 560 056.
4. The Registrar,
OS.No.7729/2022
2
Bangalore University
Department of Bachelor of Education
[B.Ed.], Mysore Road, Jhana Bharathi
Bangalore - 560 056.
5. The Registrar,
Karnataka State Open University
Manasagangotri, Mysore-570006
[D1 to D5 - Exparte ]
Date of institution of the suit 02.12.2022
Nature of the suit Declaration
Date of commencement of 24.1.2023
recording the evidence
Date on which the judgment 22.05.2023
was pronounced
Total duration Years Months Days
00 05 20
(Kengabalaiah),
XLII Addl. City Civil & Sessions Judge.
*********
JUDGMENT
The plaintiff has filed this suit against the defendants for declaration.
2. It is the case of the plaintiff that, at the time of her naming ceremony, named her name as Lakshmidevi P., she is also called as Neha, but her name wrongly mentioned as OS.No.7729/2022 3 Lakshmidevi P. in SSLC marks card bearing its No.397479, dated 26/04/2005, Reg No.20050666488, issued by the 1st defendant, PU Marks cards bearing No.0923170 result dated 18/05/2007, Reg No.414356, issued by the 2nd defendant, B.A. Degree marks cards and convocation certificate bearing No.201133233 dated 15/02/2011, Reg No.07DGAZ0023, issued by the 3rd defendant, B,Ed marks cards and Convocation Certificate bearing No.201252898 dated 30/11/2012, Reg No.10DBD05014 and M.A. Marks cards and Convocation dated 10/05/2014, Reg No.11012000197. Her correct name is Neha, now she wants to change her name as Neha from Lakshmidevi P., because her birth star is not to suit her name Lakshmidevi P., hence she requested the authority to change her name in the entire records issued by the defendants. In this regard, the plaintiff also got issued legal notice to the defendants on 10.5.2022. The defendants authorities did not change the name of the plaintiff and the plaintiff also issued paper publication in Kannada Prabha and Bangalore Mirror. The cause of action for the suit arose on 10.5.2022 when the defendant issued legal notice to the defendants. Hence, the suit.
OS.No.7729/2022 4
3. In pursuance of the suit summons, the defendants remained absent and placed exparte.
4. In order to prove the case of the plaintiff, the plaintiff herself examined as P.W.1 and got marked the documents at Ex.P1 to P23 and thereafter the matter was posted for arguments.
5. Heard the arguments of the plaintiff's counsel.
6. The points that would arise for my consideration are : -
1) Whether the plaintiff proves that her name is Neha ?
2) Whether the plaintiff further proves that her name is entered in her academic records and other documents of defendants as Lakshmidevi P.?
3) Whether the plaintiff is entitled to the reliefs as sought for?
4) What order or decree?
7. My findings on the above points are as under:-
Point No.1: In the affirmative Point No.2: In the affirmative Point No.3: In the affirmative Point No.4: As per final order, for the following:
OS.No.7729/2022 5 REASONS
8. Point No.1 to 3 :- I propose these points together for discussion since they are interlinked with each other to avoid the repetition of facts.
9. In order to prove the case of the plaintiff, the plaintiff herself has filed affidavit in lieu of her examination-in- chief as PW.1 by reiterating the contents of the pleadings and she has deposed in her evidence that during naming ceremony her name called as Lakshmidevi P., she is also called as Neha, but her name wrongly mentioned as Lakshmidevi P. in SSLC marks card, PU Marks cards, B.A. Degree marks cards and convocation certificate, B,Ed marks cards and Convocation Certificate and M.A. Marks cards and Convocation certificate. Now, she wants to change her name as Neha from Lakshmidevi P., because her birth star is not to suit her name Lakshmidevi P., and hence she requested the defendants authorities to change her name in the entire records issued by the defendants, but the defendants authority failed to do so. Hence, she got issued notice and also issued paper publication.
OS.No.7729/2022 6
10. In support of her evidence, she has relied upon the documents i.e., certified copy of the SSLC marks card marked at Ex.P1, certified copy of the PUC marks card marked at Ex.P2, certified copy of the BA degree marks cards marked at Ex.P3 to P8, certified copy of MA convocation certificate marked at Ex.P9, certified copy of letter marked at Ex.P10, certified copy of Aadhaar card marked at Ex.P11, copy of legal notice dated 10.5.2022 marked at Ex.P12, copy of legal notice dated 10.5.2020 marked at Ex.P13, postal receipts marked at Ex.P14 to P18, acknowledgements are marked at Ex.P19 to P22 and reply notice dated 17.5.2022 marked at Ex.P23.
11. The very contention of the plaintiff is that at the time of her naming ceremony, she was named as Lakshmidevi P. and she is also called as Neha, but in the school and college records, her name is wrongly mentioned as Lakshmidevi P., and her correct name is Neha and now she wants to change her name as Neha in place of Lakshmidevi P., in all the school and college records. In spite of legal notices as per Ex.P12 and P13, the defendants have not changed her name and hence she approached this Court.
OS.No.7729/2022 7
12. From Ex.P23, it reveals that the Director of Pr- University Education Department issued reply notice to the notice issued by the plaintiff that directing her to get changed her name in all the school records and then contact the Principal and Deputy Director of Pr-University College to change her name. By considering the facts and circumstances, it is just and necessary to direct the defendants to change her name Neha in place of Lakshmidevi P. in all the school and college records. In the light of the above discussion, I hold point No.1 to 3 in the affirmative.
13. Point No.4:- In view of the above discussions, I proceed to pass the following order:-
ORDER Suit of the plaintiff is hereby decreed declaring that the name of the plaintiff as Neha instead of Lakshmidevi P. The defendants are hereby directed to change the plaintiff's name as Neha in place of Lakshmidevi P. in all the School and College records maintained by them in respect of the plaintiff.
OS.No.7729/2022 8 No order as to costs.
Draw a decree accordingly. (Dictated to the Judgment Writer, typed by him, the transcript thereof corrected and then pronounced by me, in open court, on this the 22nd day of May, 2023).
(Kengabalaiah), XLII Addl. City Civil & Sessions Judge, Bengaluru.
ANNEXURE List of witnesses examined for plaintiff:
P.W.1 Lakshmidevi P. List of documents exhibited for plaintiff:
Ex.P1 Certified copy of SSLC marks card Ex.P2 Certified copy of PUC marks card Ex.P3 to 8 Certified copies of BA degree marks cards Ex.P9 Certified copy of MA convocation certificate Ex.P10 Certified copy of letter Ex.P11 Certified copy of Aadhaar card Ex.P12 Copy of legal notice dated 10.5.2022 Ex.P13 Copy of legal notice dated 10.5.2020 Ex.P14 to 18 Postal receipts Ex.P19 to 22 Acknowledgments Ex.P23 Reply notice List of witnesses examined for defendants:
Nil List of documents exhibited for defendants:
Nil XLII Addl. City Civil & Sessions Judge, Bengaluru.