Bangalore District Court
Parvathi.S vs The Chief Secretary on 24 February, 2023
KABC010174292022
TITLE SHEET FOR JUDGEMENTS IN SUITS
IN THE COURT OF V ADDL.CITY CIVIL COURT
AT BENGALURU
(CCH.No.13)
Present: Sri. ONKARAPPA.R, B.Sc., LL.B.
V ADDL.CITY CIVIL & SESSIONS JUDGE,
BENGALURU
Dated this the 24th day of February, 2023
O.S.4152/2022
PLAINTIFF:- : Parvathi.S
D/o Shivaswamy,
Aged about 31 years,
R/at No.1834, 12th Cross,
5th Main Road,
RPC Layout,
Vijayanagar 2nd stage,
Bengaluru-40.
(By Sri. N.C, Advocate)
-Versus-
DEFENDANTS:- : 1. The Chief Secretary,
Government of Karnataka,
Vidhana Soudha,
Bengaluru-01.
2. The Director,
Karnataka Secondary Education
Examination Board,
6th Cross, Malleshwaram,
Bengaluru-03.
3. The Secretary,
Karnataka Secondary Education
Examination Board,
6th Cross, Malleshwaram,
Bengaluru-03.
4. The Dy. Director of Public
Instructions, Bengaluru South,
Kalasipalya, Bengaluru-02.
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O.S. No.4152/2022
5. The Head Mistress,
The New Cambridge High School,
RPC Layout, Vijayanagar,
Bengaluru-40.
6. The Principal,
Bunts Sangha,
RNS Vidyaniketana,
Composite PU College,
Bunts Sangha Complex,
No.324, Chord Road,
Vijayanagar,
Bengaluru-40.
7. The Secretary,
PUC Board,
Palace Ground,
K.R. Circle,
Bengaluru-09.
8. The Director,
PUC Board,
18th Cross,
Sampige Road,
Malleshwaram,
Bengaluru-12.
9. The Principal,
MES College of Arts,
Commerce & Science,
15th Cross, Professor MPL
Sastry Road, Malleshwaram,
Bengaluru-03.
10. The Vice Chancellor,
Bengaluru University,
Mysore Road,
Jnana Bharathi,
Bengaluru-56.
11. The Principal,
Bharathidasan University,
Palkalaiperur,
Tiruchirappalli,
Tamil Nadu.
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O.S. No.4152/2022
12. The Vice Chancellor,
Bharathidasan University,
Palkalaiperur,
Tiruchirappalli,
Tamil Nadu.
13. Director,
Center of Distance and
Online Education,
Bharathidasan University,
Tiruchirappalli,
Tamil Nadu.
(D.1 to 4 -DGP
D.5 to 12- Ex-parte
D.13 - Sri. RGR., advocate )
Date of institution of the Suit : 27/06/2022
Declaration & Mandatory
Nature of the Suit :
Injunction
Date of commencement of recording of 08/02/2023
:
evidence
Date on which the Judgment was 24/02/2023
:
pronounced
Total Duration Year Months Days
:
00 07 27
[ ONKARAPPA.R ]
V ADDL.CITY CIVIL & SESSIONS JUDGE
BENGALURU
4
O.S. No.4152/2022
-: J U D G M E N T :-
Suit has filed by the plaintiff against the defendants for the
relief of declaration of her name. Further consequential relief of
mandatory injunction sought an direction to the defendants to
change the name of the plaintiff in all the records as
"POOJITHA.S" instead of "PARVATHI.S in all her school/college
records.
2. Brief facts are as under:-
That, in all the records and testimonials, marks card of
plaintiff from 1st to 10th standard and PUC, B.Com to MBA the
plaintiff name is known, shown, called,read, recorded, recognized
and corresponded as Parvathi.S. The plaintiff has changed her
name as Poojitha.S due to horoscope reasons as per the advice
of her astrologer. As such the plaintiff requested the defendants to
change her name as Poojitha.S by deleting the name of
Parvathi.S. But the defendants refused to heed to the requests.
The plaintiff has studied from 1st to 10th standard in 5th defendant
school from the year 1997 to 2006 and studied PUC in 6 th
defendant college from 2007 to 2008 and studied B.com at 9 th
defendant college from 2008 to 2022 and studied MBA in 11th
defendant college from 2012 to 2014. With regard to change of
name of the plaintiff in the school/college records she has issued
legal notice dated 25/03/2022 to the defendants, but only
defendant No.8 and 13 have given untenable reply by refusing to
change her name and other defendants have not replied. Cause
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O.S. No.4152/2022
of action for the suit arose on 25/03/2022 legal notice date and
other subsequent dates. On these grounds prayed for decreeing
the suit.
3. Records reveal that, despite service of suit summons
defendant No.5 to 12 remained absent at before the court.
Hence, they were placed ex-parte as per order sheet dated
11/08/2022, 15/09/2022 and 21/01/2023. Though defendant No.1
to 4 appeared through learned DGP but not chosen to filed their
written statement. Defendant No.13 appeared through its counsel
and filed their written statement, wherein they contended that,
suit of the plaintiff is not maintainable either in law or on facts.
The plaintiff had impleaded the Principal, Bharathidasan
University as 11th defendant. There is no such designation or
authority in the Bharatidasan University hence, the name of the
said defendant is to be deleted from the cause title. 12 Th
defendant is not a proper party to this proceedings. The Registrar
of Bharathidasan University is the proper and necessary party to
any suit filed against the university and since the Registrar is not
impleaded the suit is bad for non joinder of necessary parties.
The plaintiff had joined for MBA course in the Bangalore Center
under Distance Education Program from the year 2012-2014 and
completed her MBA course by obtaining provisional certificate.
Thereafter for the last eight years the plaintiff had not contacted
the university for any purpose. But the plaintiff contacted this
university through her letter dated 21/02/2022 stating that she has
changed her name from Paravthi.S to Poojitha.S and requested
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O.S. No.4152/2022
to change her name in all record available with them without
submission of any supporting records, as such the plaintiff was
advised to follow the legal requirements for effecting any change
of name. This defendant is not the competent authority to effect
any change in the name of a student. The plaintiff has not made
out any specific reason for effecting change of name in the
records of this university. She has approached them after lapse of
8 years without any bonafides and she has not produced any
document to prove that she is entitled to the relief of declaration.
Any person who intends to change his/her name has to do so by
swearing affidavits before Judicial Magistrate First Class or
Notary public and giving advertisement in the daily news papers
and official gazettes published by the State Government, but the
plaintiff approached this Court without complying with the above
requirements, as such she is not entitled for any remedy. The
averments made in para 3 and 4 of the plaint is not true and
correct as far as this defendant is concerned. The averments
made in para 5 of the plaint are not within the knowledge of this
defendant. The averments of para 8 of the plaint are not admitted
by this defendant. The Hon'ble Supreme Court in Jigya Yadav
Vs. CBSE and others (Civil Appeal No.3905/2011) has held that
where the change is to be effected on the basis of new acquired
name without any supporting school record or public document,
that request may be entertained upon insisting for prior
permission/declaration by a court of law. On these grounds
prayed to dispose the above suit with costs.
7
O.S. No.4152/2022
4. On the basis of the above narrated pleadings my
predecessor in office has framed the issues as follow:
1) Whether the plaintiff proves that her correct
name is 'Poojitha.S' and not as 'Parvathi.S' ?
2) Whether the plaintiff is entitled for the relief of
declaration and mandatory injunction as
sought for ?
3) Whether the plaintiff is entitled for suit reliefs
as sought for ?
4) What order or decree?
5. In order to prove her case the plaintiff examined
herself as PW-1 and got marked the documents at Ex.P.1 to
P.18. No oral or documentary evidence adduced on behalf of the
defendants.
6. Heard and perused the material on record.
7. My findings on the above issues are as under:-
Issue No.1: In the affirmative,
Issue No.2: In the affirmative,
Issue No.3: In the affirmative,
Issue No.4 : As per final order
for the following:
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O.S. No.4152/2022
-: R E A S O N S :-
8. Issue Nos.1 to 3:- The Issues No.1 to 3 are
overlapping with the each. Hence, Issue No.1 to 3 that I taken for
my common discussion to avoid repetition of the facts.
9. The plaintiff herself examined at before the court as
P.W. 1. In lieu of examination-in-chief P.W. 1 filed an affidavit,
wherein the affidavit P.W. 1 reiterated the above all plaint
averments. It is the specific case of the plaintiff that, in all the
records and testimonials, marks card of plaintiff from 1st to 10th
standard and PUC, B.Com to MBA the plaintiff name is known,
shown, called,read, recorded, recognized and corresponded as
Parvathi.S. The plaintiff has changed her name as Poojitha.S
due to horoscope reasons as per the advice of her astrologer. As
such the plaintiff requested the defendants to change her name
as Poojitha.S by deleting the name of Parvathi.S. But the
defendants refused to heed to the requests. The plaintiff has
studied from 1st to 10th standard in 5th defendant school from the
year 1997 to 2006 and studied PUC in 6 th defendant college from
2007 to 2008 and studied B.com at 9th defendant college from
2008 to 2022 and studied MBA in 11th defendant college from
2012 to 2014. With regard to change of name of the plaintiff in
the school/college records she has issued legal notice dated
25/03/2022 to the defendants, but only defendant No.8 and 13
have given untenable reply by refusing to change her name and
other defendants have not replied.
9
O.S. No.4152/2022
10. The plaintiff to substantiate her case she also got
marked as many as 18 documents as per Exs.P.1 to P.18. Among
all documents Ex.P.1 birth certificate pertains to the plaintiff.
Ex.P.2 Aadhar card, Ex.P.3 SSLC marks card. Ex.P.4 PUC marks
card. Ex.P.5 all degree marks cards. Ex.P.6 degree certificate of
the plaintiff. Ex.P.7 statement of marks cards pertains to post
graduation of the plaintiff. Ex.P.8 certificate issued by the college
of post graduation. Ex.P.9 statement of marks card pertains to
the plaintiff. Ex.P.10 election I.D. card. Ex.P.11 PAN card. Ex.P.12
passport. On going through Ex.P.1 to P.12 documents the same
all documents herein disclosed name of the plaintiff as Parvathi.S.
On the other hand on going through Ex.P.13 astrological report,
the same document herein disclosed that it need to change the
name of the plaintiff as Poojitha.S. No doubt, case on record no
such astrologer got examined by the plaintiff in her favour. As the
plaintiff need to change her name from Parvathi.S to Poojitha.S
the plaintiff issued Ex.P.14 legal notice to all defendants and
demanded all the defendants to got change her name in all
educational records of plaintiff. Despite service of same legal
notice all defendants are failed to carried out the change of name
in her school records and issued endorsement as per Ex.P.18. It
pertinent to note here that, case on record though defendants are
all represented through their counsel neither of the defendants
chosen to cross-examine the P.W.1. Accordingly, the contents of
Ex.P.13 document and say of the plaintiff that due to horoscope
reason and as per the advise of the astrologer of the plaintiff that
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O.S. No.4152/2022
the plaintiff need to change her name from Parvathi.S to
Poojitha.S. remains as unchallenged. It also worth to note herein
that, the plaintiff neither sworn an affidavit at before the notary
and issued a public notification with respect to change of her
name. The same procedure may also be complied even disposal
of the suit. Present suit of the plaintiff too also considered with
that background, the same can be rectified with the specific
direction to the plaintiff in that connection.
11. It is not in dispute that the plaintiff is not a government
servant. The plaintiff has produced Astrologer certificate at
Ex.P.13 issued by the Astrologer, the anxiety and hastiness of the
plaintiff to make change her name is here evident that the plaintiff
required to change of her name from Parvathi.S to Poojitha.S. Further,
the law settled by the Hon'ble High Court of Karnataka with respect to
faith and honour upon Astrological advise to the parties in an judgment
observed in RFA No.322/2013 dated 10/12/2013 (Gunda Naika.P.S Vs.
The State of Karnataka) that there is no impediment to pass the
decree in favour of the plaintiff stating that, the efficacy of the
astrological advice cannot be tested in the courts of law.
12. So, in the circumstances of the case, the name of the
plaintiff has to be rectified by the defendants in her all
school/college records as Poojitha.S instead of Parvathi.S.
This view has also been supported by the judgment of our
Hon'ble High Court passed in RFA No.284/2014 (DEC) dated
02/09/2016. Therefore, having regard to facts and circumstances
11
O.S. No.4152/2022
of the cases, I am of the opinion that the plaintiff is entitled for the
relief of declaration and mandatory Injunction as observed supra.
Hence, I answer Issue No.1 to 3 are in the affirmative.
13. Issue No.4 :- For the foregoing reasons, I proceed to
pass the following;
ORDER
The suit of the
plaintiff hereby decreed.
That hereby
declared the name of the plaintiff Poojitha.S instead of Parvathi.S Further it is made clear that plaintiff should swear before the notary public regarding her correct spelled name and to get the same published in a daily local news paper within 30 days from the date of receipt of certified copy of judgment and decree from this office.
Consequently, if
plaintiff comply the
aforesaid condition the
defendants shall rectify
the same in all her
school/college records
accordingly.
12
O.S. No.4152/2022
There shall be no order as to costs.
Draw decree accordingly.
(Dictated to the Stenographer directly on computer, typed by her, corrected and signed by me and pronounced in the open Court this the 24th day of February, 2023) [ ONKARAPPA.R ] V ADDL.CITY CIVIL & SESSIONS JUDGE BENGALURU ANNEXURE List of witnesses examined on behalf of Plaintiff :
PW.1 Parvathi.S List of witnesses examined on behalf of Defendants:
- Nil -
List of documents marked on behalf of Plaintiff:
Ex. P1 Birth certificate Ex. P2 Aadhar card Ex. P3 SSLC marks card Ex. P4 PUC marks card Ex. P5 6 marks cards pertaining to I B.Com Ex. P6 Commerce degree certificate Ex. P7 4 marks cards of MBA Ex. P8 MBA certificate Ex. P9 PDC pertaining to MBA Ex. P10 Election I.D card Ex. P11 PAN card Ex. P12 Passport 13 O.S. No.4152/2022 Ex. P13 Astrological certificate Ex. P14 Legal notice Ex. P15 Postal receipts Ex. P16 9 postal acknowledgements Ex. P17 Copy of reply notice Ex. P18 Endorsement given by Karnataka government List of documents marked on behalf of Defendants:
- Nil -
[ ONKARAPPA.R ] V ADDL.CITY CIVIL & SESSIONS JUDGE BENGALURU 14 O.S. No.4152/2022 Operative portion of the judgment pronounced in open court vide separate judgment:-
ORDER The suit of the plaintiff hereby decreed.
That hereby declared the name of the plaintiff Poojitha.S instead of Parvathi.S Further it is made clear that plaintiff should swear before the notary public regarding her correct spelled name and to get the same published in a daily local news paper within 30 days from the date of receipt of certified copy of judgment and decree from this office.
Consequently, if plaintiff comply the aforesaid condition the defendants shall rectify the same in in all her school/college records accordingly.
There shall be no order as to costs. Draw decree accordingly.
[ ONKARAPPA.R ] V ADDL.CITY CIVIL & SESSIONS JUDGE BENGALURU 15 O.S. No.4152/2022 16 O.S. No.4152/2022 17 O.S. No.4152/2022