Bangalore District Court
Beerappa vs The Principal Secretary Education ... on 4 March, 2024
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O S No.5106/2022
KABC010213542022
C.R.P.67 Govt. of Karnataka
1Form 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::
Prakash S. Helavar, B.Com., LL.M.,
XIX Addl. City Civil & Sessions Judge,
Bengaluru City.
Dated this the 4th day of March, 2024.
O.S. No.5106/2022
PLAINTIFF :: Sri. Beerappa S/o. Ningappa,
Aged about 32 years, No.12/1,
AVM-NKR Nest, 3rd Floor,
Nagashetti Halli Village, Near
Water Tank, RMV 2nd Stage,
Bangalore.
(By Sri. P.M.Narayanaswamy, Advocate)
V/s.
DEFENDANTS :: 1. The Principal Secretary,
Education Department, M.S.
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O S No.5106/2022
Building, Ambedkar Beedhi,
Bangalore 560 001
2. The Deputy Director of Public
Instructions (DDPI), Education
Department, Koppala District
583 231
3. The Secondary Education
Examination Board, 6th Cross,
Malleshwaram, Bangalore 560
003
4. The Director, Department of
Pre-University Education, 18th
Cross, Sampige Road,
Malleshwaram, Bangalore 560
012
5. The District Deputy Director,
Department of Pre-University
Education, Jilla Aadalitha
Bhavana, Room No.110, 2nd
Floor, Koppal 583 132
(By 3rd ADGP for D-1 to 3 and
D-4 & 5 Ex-parte)
Date of Institution of the Suit :: 04-08-2022
Nature of the Suit :: Declaration
Date of commencement of
recording of evidence :: 31-01-2023
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O S No.5106/2022
Date on which the Judgment
was pronounced. :: 04-03-2024
Year/s Month/s Day/s
Total Duration :: 01 06 29
(Prakash S. Helavar),
XIX Addl. City Civil & Sessions Judge,
Bengaluru City.
JUDGEMENT
The present suit is filed by the plaintiff for the relief of declaration to declare that his name as 'Beeresh N Gundur' and also sought consequential relief.
2) Brief facts of the plaintiff's is as under:
It is averred that the plaintiff completed his S.S.L.C. in Koppal District and secured the Marks Card from the 3rd defendant. It is further averred that Plaintiff was born on 01.06.1990 and he is residing in Bengaluru for the last 10 years. The said plaintiff has completed his 4 O S No.5106/2022 12th Standard in Koppal District and secured the Certificate from 4th defendant. It is further averred that in view of his Horoscope, Astrologer adviced him to change his name as 'Beeresh N Gundur' in the place of Beerappa. His elders also adviced to change his name as advised by Astrologer. So, the Plaintiff approached the School Authorities but he was advised to obtain the Decree from the Court. On constant request made by him to the defendants, the same went in vein. His request to the defendants through representation remained unuseful. Hence, the plaintiff caused Legal notice on 28.05.2022 to the defendants. The defendants received the said notice but they failed to comply the notice contents and even they have not replied. Therefore, the Plaintiff has field this suit for seeking declaration. In view of the above, plaintiff requested for decreeing the suit.5
O S No.5106/2022
3) The III Additional District Government Pleader appeared for Defendants No.1 to 3 and filed the written statement jointly. The defendant No.4 and 5 failed to appear and they placed exparte.
4) The defendant No.1 to 3 denied the plaint averments by filing written statement contending that the suit is not maintainable. As per the Circular issued by the Commissioner of Education Department, there is no provision to change the name of the student in the school records. Hence, the suit is not maintainable. The suit is barred by law of limitation and there is no cause of action for the suit. It is also contented that suit is barred by limitation. In view of the above said reasons, the defendant No.1 to 3 requested for dismissal of suit with cost.6
O S No.5106/2022
5) On the basis of pleadings of parties, the following issues have been framed.
1. Whether the plaintiff is entitled for the reliefs as being sought for ?
2. What order or decree ?
6) The plaintiff has deposed as P.W.1 and relied upon 11 documents marked at Ex.P-1 to P-11 and closed the evidence.
7) The defendants have not chosen to lead oral evidence and even they have not produced any documents.
8) I have heard the arguments and perused the records.
9) I propose to answer to the above said issues are as follows:
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O S No.5106/2022 ISSUE No.1 :: In the Affirmative ISSUE No.2 :: As per final order for the following;
REASONS
10) ISSUE NO.1 :: The plaintiff has deposed as PW.1 by relying upon 11 documents marked at Ex.P-1 to P-11. As can be seen from the records, there is no evidence to disbelieve that the plaintiff has not persuaded his education as asserted by him in the plaint averments. The documents at Ex.P.6 to P.8, clearly establish the fact that the Plaintiff is the resident of Bengaluru. Infact, there is no denial and no rebuttal by the defendants in this regard. It is evident from his oral evidence that his name has been recorded in the educational records as 'Beerappa'. But he wants to change his name as 'Beeresh N Gundur' instead of 'Beerappa' as per the advice of Astrologer and advice of his elders in the family. It is also not in dispute in 8 O S No.5106/2022 respect of issuance of Legal Notice dated 28.05.2022 to the defendants and also for having served the said notice to the defendants. It is clear from Notice contents that the plaintiff has expressed to the defendants that he wants to change his name as 'Beeresh N Gundur' instead of 'Beerappa' as per the advice of Astrologer and advice of his elders in the family. But the said defendants have not rectified the request of the Plaintiff and replied to the notice. It is also not in dispute that the name of the plaintiff has been recorded in all the educational records as 'Beerappa'.
11) None of the defendants adduced their oral evidence and even not produced any documents. The III A.D.G.P. for defendants No.1 to 3 cross-examined the PW-1 and elicited that he doesn't know that whether his parents named him as 'Beerappa' after consulting the 9 O S No.5106/2022 Astrologer. Further, absolutely no worthwhile has been extracted from the mouth of P.W.1. In the course of cross examination, the P.W.1 whispered that Astrologer advised him to change his name in order to overcome all his date to day problems. He states that he has produced paper publication at Ex.P.10 and P.11 and Astrologer report at Ex.P.3. The said Ex.P.3, goes to show that one Astrologer opined that for the best future of Plaintiff the name of Plaintiff has been advised to be changed as 'Beeresh N Gundur' in the place of 'Beerappa'. So, the said document is crystal clear that Plaintiff has been advised to change his name.
12) Upon considering the present facts and circumstances of the case, it is opined that no prejudice will be caused to the defendants, if the name of the plaintiff is ordered to be changed. The Hon'ble High 10 O S No.5106/2022 Court of Karnataka in R.F.A. No.947/2013 (DEC) in the case of Shreenidhi M.A. Vs. Government of Karnataka and others made it clear that there is no necessity to obtain the certificate or suggestion report from the Astrologer and even the evidence of Astrologer is not necessary. Therefore, in the absence of oral evidence of Astrologer and on the basis of oral evidence of Plaintiff along with Ex.P.3 - Report, it is opined that the plaintiff has made out a case for requesting to declare his name as 'Beeresh N Gundur' instead of 'Beerappa'.
13) It is evident from the records at Ex.P.9 that the Plaintiff has sworn to an Affidavit before the Notary Public for change of his name. Further, Ex.P.10 and P.11, clearly go to show that the Plaintiff has taken paper publication bringing to the notice of Public that he wants to change his name as 'Beeresh N Gundur' instead of 11 O S No.5106/2022 'Beerappa'. Thereby he has complied the provisions of Change of Names Act as per the Judgment of Hon'ble High Court of Karnataka in R.F.A. No.284/2014 in the case of Smt. Dorasanamma Vs. State of Karnataka and Others. In the said Judgment, the Hon'ble High Court of Karnataka held that the party, who wants to change his name, he must comply the provisions of Change of Names Act at least by way of an Affidavit on stamp paper before the notary public and also publishing into two leading newspapers to make known to the general public regarding change of name. Hence, it is evident that the plaintiff has declared his intention to change his name as 'Beeresh N Gundur' instead of 'Beerappa'.
Therefore, I find no reasons to disbelieve the case of plaintiff and the change of name of plaintiff is for his bonafide reasons. As I stated supra, no prejudice will be caused to the defendants if the suit is decreed as prayed 12 O S No.5106/2022 for. As such, the light of above said observations, I am inclined to answer Issue No.1 in the affirmative.
14) ISSUE NO.2 :: In view of my findings on Issue No.1, I proceed to pass the following:
ORDER The suit filed by the plaintiff is decreed.
It is declared that the name of plaintiff as 'Beeresh N Gundur' instead of 'Beerappa'.
The defendants are directed to carryout necessary amendment in all the records of the plaintiff as his name as 'Beeresh N Gundur' instead of 'Beerappa'.
Under the facts and circumstances of the case, no order as to costs.13
O S No.5106/2022 Draw decree accordingly.
(Dictated to the Stenographer, transcribed by her, transcription corrected and then pronounced by me in the open Court on this the 4th day of March, 2024.) (PRAKASH S. HELAVAR), XIX ADDL. CITY CIVIL & SESSIONS JUDGE, BENGALURU CITY.
ANNEXURE I. LIST OF WITNESSES EXAMINED ON BEHALF OF :
(a) PLAINTIFF'S SIDE ::
PW-1 :: Beerappa
(B) DEFENDANTS SIDE :: NIL
II. LIST OF DOCUMENTS EXHIBITED ON BEHALF OF :
(a) PLAINTIFF'S SIDE :
Ex.P-1 & 2 :: Copy of marks Card of the plaintiff Ex.P-3 :: Astrologer Letter Ex.P-4 :: Horoscope Ex.P-5 :: Copy of Adhaar Card 14 O S No.5106/2022 Ex.P-6 :: Original Gas Pass Book Ex.P-7 :: Original Gas Bill Ex.P-8 :: Original Form Ex.P-9 :: Affidavit of the plaintiff Ex.P-10 & Ex.P-11 :: News papers (B) DEFENDANTS SIDE : NIL (PRAKASH S.HELAVAR), XIX ADDL. CITY CIVIL & SESSIONS JUDGE, BENGALURU CITY.