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Bangalore District Court

Sunil Kumar N vs The State Of Karnataka By Its Principal ... on 18 November, 2025

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                                                           O S No.3785/2025

KABC010134502025




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 XIX ADDL. CITY CIVIL &
     SESSIONS JUDGE AT BENGALURU CITY : (CCH-18)
                              ::Present::
             Smt. Gomati Raghavendra, LL.M., DIPR, DCL.,
                XIX Addl. City Civil & Sessions Judge,
                          Bengaluru City.
                Dated this the 18th day of November, 2025.
                               O.S. No.3785/2025
PLAINTIFF                       :: Sunil Kumar.N, S/o. Nemichand
                                   Kumawat, Aged about 23 years,
                                   Residing at No.8, 2nd Floor, 1st Main
                                   Road, K.H. Ranganatha Colony,
                                   Near Pride Enchanta Apartment,
                                   Deepanjalinagar, Bangalore 560 026

                                              (By Sri J.T.V., Advocate)

                                      V/s.
DEFENDANTS                      :: 1. The State of Karnataka,
                                   By its Principal Secretary, Vidhana
                                   Soudha, Dr. Ambedkar Beedhi
                                   Bangalore 560 001
      2
                      O S No.3785/2025

2. The State of Karnataka, By its
Secretary, Department of Education,
Vidhana Soudha, Bangalore.
3. The Deputy Director of Public
Instructions, Bangalore    North
Range, K.G. Road, Bangalore 560
001
4. The Block Education Officer
(BEO) No.30, J.M. Lane, Upparpet,
Chickpet, Bangalore 560 053

5. The Secretary, The Pre-University
Board, 18th Cross, Malleshwaram,
Bangalore.

6. The Secretary, SSLC Board, 6th
Cross, Malleshwaram, Bangalore
560 003

7. The Head Master, Holy Angles
High School, No.2, 5th Main Road,
RPC Layout, Vijayanagar, Bangalore
560 040

8. The Principal, S.B. Mahaveer Jain
PU College, V.V. Puram, Dr. ANK
Road, No.91/2, Bangalore 560 004

9.   The Principal, Jain College,
No.15, Vasavi Temple Road, V.V.
Puram, Bangalore 560 004
(By I ADGP for D-1 to 4 & 6, D-5, 7
to 9 Ex-parte)
                                   3
                                                    O S No.3785/2025

Date of Institution of the Suit       :: 02-06-2025
Nature of the Suit                    :: Declaration
Date of commencement of
recording of evidence                 :: 13-11-2025
Date on which the Judgment
was pronounced.                       :: 18-11-2025
                         Year/s       Month/s     Day/s
Total Duration     ::       --          05            13


                              (Smt. Gomati Raghavendra),
                          XIX Addl. City Civil & Sessions Judge,
                                     Bengaluru City.

                          JUDGEMENT

Plaintiff has filed present suit seeking the relief of declaration.

2. The case of the plaintiff in brief is as under; Plaintiff has completed his S.S.L.C. in 7 th defendant school and 6th defendant has issued S.S.L.C. Marks card, plaintiff has completed his II PUC in 8 th defendant College and 5th defendant issued II PUC Marks card in the name of plaintiff. Plaintiff completed his B.B.A. Degree in 9 th 4 O S No.3785/2025 defendant College. In the education records of the plaintiff his father's name is wrongly shown as Nemi Chand. The correct name of the plaintiff's father is Nemichand Kumawat. The Adhaar Card, PAN Card, Ration Card, Election ID Card of the plaintiff's father show his correct name as Nemichand Kumawat. Recently, plaintiff came to know about the mistake crept in his education records. If it is not rectified, it may lead to complication in future. Hence he approached all the defendants to rectify the mistake. But defendants directed the plaintiff to obtain court order. Plaintiff caused legal notice dated 10-03-2025 to the defendants calling upon to change his father's name.

3. The cause of action to file the suit arose when plaintiff caused legal notice on 10-03-2025 to the defendants and when defendants directed the plaintiff to obtain an order from the Court. Hence present suit.

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O S No.3785/2025

4. Inter-alia, despite service of suit summons, defendants No.5, 7 to 9 failed to appear before the Court and placed ex-parte. Defendants No.1 to 4 & 6 appeared through learned I ADGP and contested the suit by filing written statement. Defendant No.3 has filed written statement which is adopted by defendants No.1, 2, 4 & 6.

In the written statement it is stated that the suit is not maintainable either in law or on facts. Plaintiff is changing his father's name as Nemichand Kumawat instead of Nemi Chand. But name of plaintiff's father was entered in school record as per the particulars furnished by the parents of the student during admission and same will continue and reflect in student's school and educational records. As per the circular issued by the Commissioner of Education Department, there is no provision to change the plaintiff's father name in the school records. There is no mistake or fault of these defendants. Thus, denying plaint averments, these defendants have sought for dismissal of the suit. 6

O S No.3785/2025

5. On the basis of rival pleadings and materials on record, following issues have been framed.

1. Whether the plaintiff is entitled for the relief as sought for ?

2. What order or decree ?

6. In support of plaint averments, plaintiff led evidence as PW-1 and got marked documents at Ex.P-1 to P-15. Defendants have not led evidence.

7. Heard. Perused the pleadings, evidence and materials on record.

8. For the reasons assigned below, the aforesaid issues are answered as follows:

     ISSUE No.1         :: In the Affirmative

     ISSUE No.2         :: As per final order for the
                           following;

                          REASONS

9. ISSUE NO.1 :: As per the case of the plaintiff, his father's correct name is Nemichand Kumawat, but in the 7 O S No.3785/2025 plaintiff's all academic records his father's name has been entered as Nemi Chand only which needs to be corrected by issuing direction to the defendants.

10. In order to substantiate these contents, plaintiff entered into the witness box, led evidence as PW-1, who in his affidavit evidence has reiterated similar to plaint averments. In addition to oral evidence, PW-1 has placed reliance of documentary evidence at Ex.P-1 to P-13.

11. The Adhaar Card, PAN Card of plaintiff at Ex.P-1 & P-2 disclose his father name as Nemichand Kumawat. Similarly, the Adhaar Card, PAN Card and Election ID Card of father of the plaintiff at Ex.P-7, P-8 & P-10 respectively disclose his name as Nemichand Kumawat. The Ration Card of the plaintiff family is produced at Ex.P-9 as per which the name of the father of the plaintiff is entered as Nemichand Kumawat.

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O S No.3785/2025

12. Inter-alia, in the S.S.L.C. marks card, PUC marks card and Degree marks cards (B.B.A.) from Bengaluru City University of plaintiff marked at Ex.P-3, P-4 and P-5 respectively disclose his father's name as Nemichand, which needs to be corrected as Nemichand Kumawat as per the case of the plaintiff.

13. Plaintiff has caused legal notice to the defendants as per Ex.P-11 on 10-03-2025 calling upon them to rectify the mistake crept in father's name column in education records of the plaintiff from Nemi Chand to Nemichand Kumawat. The postal receipts, postal acknowledgement and postal track consignments are respectively marked at Ex.P-12, 13 & 15.

14. In the instant case, PW-1 has although been cross-examined at length by the defendants, but nothing worth material has been elicited from him to disbelieve the plaint averments or to discard the evidence led by him both oral and documentary. No contra materials have been 9 O S No.3785/2025 produced by the defendants to show that present suit is filed by the plaintiff to make wrongful gain or to cause loss to the defendants. Under these circumstances, there is no reason to disbelieve the case of the plaintiff. The evidence relied upon by plaintiff establishes that his father's name is Nemichand Kumawat which has been entered as Nemi Chand in the education records of the plaintiff, which needs to be rectified to meet the ends of justice. Hence Issue No.1 is answered in the Affirmative.

15. ISSUE NO.2 :: In the light of foregoing discussion, I proceed to pass the following;

ORDER Suit of the plaintiff is decreed.

It is declared that the name of the father of the plaintiff is NEMICHAND KUMAWAT instead of Nemi Chand.

Issue direction to the defendants to make necessary changes / rectification 10 O S No.3785/2025 in all the education and government records of the plaintiff.

No order as to costs.

Draw decree accordingly.

(Dictated to the Stenographer, transcribed by her, transcription corrected and then pronounced by me in the open Court on this the 18 th day of November, 2025.) (Smt. GOMATI RAGHAVENDRA), XIX ADDL. CITY CIVIL & SESSIONS JUDGE, BENGALURU CITY.

ANNEXURE I. LIST OF WITNESSES EXAMINED ON BEHALF OF :

(a) PLAINTIFF'S SIDE ::
       PW-1            :: Sunil Kumar.N

       (B) DEFENDANTS SIDE ::                        NIL

II. LIST OF DOCUMENTS EXHIBITED ON BEHALF OF:
(a) PLAINTIFF'S SIDE :
Ex.P-1 :: Notarised copy of Adhaar Card of plaintiff Ex.P-2 :: Notarised copy of PAN Card of plaintiff Ex.P-3 :: Notarised copy of SSLC Marks Card of plaintiff 11 O S No.3785/2025 Ex.P-4 :: Notarised copy of I PUC Marks Card of plaintiff Ex.P-5 :: Notarised copy of II PUC Marks Card of plaintiff Ex.P-6 :: Notarised copy of 1st Semester to 4th Semester B.B.A. Statement of Marks of plaintiff Ex.P-7 :: Notarised copy of Adhaar Card of plaintiff's father Ex.P-8 :: Notarised copy of PAN Card of plaintiff's father Ex.P-9 :: Notarised copy of Ration Card Ex.P-10 :: Notarised copy of Voter ID Card of plaintiff's father Ex.P-11 :: Legal Notice dated 10-03-2025 Ex.P-12 :: Postal Receipts Ex.P-13 :: Three Postal acknowledgements Ex.P-14 :: Returned RPAD postal cover Ex.P-15 :: Five Postal Track Consignments (B) DEFENDANTS SIDE : NIL (Smt. GOMATI RAGHAVENDRA), XIX ADDL. CITY CIVIL & SESSIONS JUDGE, BENGALURU CITY.