Bangalore District Court
Dr.Srinidhi.S.Hegde vs The State Of Karnataka on 27 April, 2016
IN THE COURT OF THE IV ADDL.CITY CIVIL & SESSIONS
JUDGE AT MAYO HALL UNIT, BENGALURU. (CCH-21)
Dated: This, the 27th day of April 2016.
Present: Sri.Bannikatti Hanumanthappa.R.
B.A.,LL.B(Spl)
IV Addl.CC & SJ, Mayohall Unit,
Bengaluru.
O.S. No.25713/2015
Plaintiff: Dr.Srinidhi.S.Hegde,
S/o.Mr.Srinivasa Hegde, aged
about 29 yrs, R/at.No.4, I Floor,
22nd B Main, Behind Nagaraja
Garden, Ayodhya Nagar,
J.P.Nagar 5th Phase, Bengaluru-
560078.
(By Smt.Shobha.S.Bhavikatti, Advocate)
V/S
Defendants: 1. The State of Karnataka,
Department of Education,
M.S.Building, Dr.Ambedkar
Road, Bengaluru-560001.
By its Secretary.
2. Rajiv Gandhi University of
Health Sciences, Karnataka 4th
'T' Block, Jayanagar,
Bengaluru-560041.
By its Vice Chancellor.
2 O.S. No.25713/2015
3. The Karnataka Secondary
Education Board, 6th Cross,
Malleshwaram, Bengaluru-03.
By its Secretary.
4. The Principal, Vijaya High
School, Jayanagar, Bengaluru-
560011.
5. The Principal, Vijaya Pre-
University College, Jayanagar,
Bengaluru-560011.
6. The Principal, Father Muller
Institute of Medical Education,
Father Muller Road, Kankanady,
Mangalore-575002, Karnataka.
7. The Principal, J.J.M. Medical
College, Davangere-577004.
8. Karnataka Medical Council,
No.70, 2nd Floor, "Vaidyakeeya
Bhavana", K.R.Road,
H.B.Samaja Road Corner,
Basavanagudi, Bengaluru,
Karnataka-560004.
(Defts.No.1,3,5,7-Exparte)
(Deft.No.4-In person)
(By Sri.V.N.Murthy, Advocate for deft.No.2)
(By Sri.G.N.Hegde, Advocate for deft.No.6)
(By Sri.R.C.Nagaraj, Advocate for deft.No.8)
Date of institution of the suit 07.08.2015
Nature of the suit (Suit for Pro-note,
Suit for Declaration
Suit for Declaration and Possession,
Suit for Injunction, etc.)
3 O.S. No.25713/2015
Date of commencement of recording 05.04.2016
of the evidence
Date on which the Judgment was 27.04.2016
pronounced
Total duration Year/s Month/s Day/s
00 08 20
JUDGMENT
Present suit has been filed under Order VII, Rule 1 of CPC for declaration to declare the plaintiff be known and called by name 'Srinidhi S. Hegde' instead of 'Srinidhi M. S.' and also making direction to the defendants to change the name 'Srinidhi M. S.' to 'Srinidhi S. Hegde' in all the relevant educational records, statement of marks cards, certificates and for costs.
2. Case of the plaintiff, in brief, is as below:-
The plaintiff is a now Doctor by profession. The plaintiff was a student of Vijaya High School, Jayanagar, Bengaluru. At the time of joining the school, the plaintiff's name was given as 'Srinidhi M. S.' in the educational records and also in all his Degrees and Certificate of Registration. Presently he is doing his Super-Specialization in Doctorate in Medicine (D.M) at St. Johns Medical College, Bengaluru. The plaintiff after completing his Post Graduation in May 2013, being keen to change his name by 4 O.S. No.25713/2015 incorporating his surname along with initial of his father's name, which is to be called as 'Srinidhi S. Hegde', and it is declared by way of an affidavit on 12.03.2013 and the same is got published on 14.09.2013 in Deccan Herald and also in Kannada Prabha as per law prescribed for get declare the change of name. Thereafter, the plaintiff applied for passport to the concerned authority as a Srinidhi S. Hegde, as he got changed his name to get enter in his passport. The Passport Authorities, Ministry of External Affairs, Government of India, accepted his application and the plaintiff's name was changed from 'Srinidhi M. S.' to 'Srinidhi S. Hegde.
The plaintiff got married to Dr.Giri Punja M, D/o.G.M.Papanna on 11.08.2013 at Jaynagar, Bengaluru. The plaintiff approached the defendants 1-5 in the month of May 2014 and defendant No.6 in the month of June 2014 and defendant No.7 and 8 in the month of July 2014, to change his name from 'Srinidhi M. S.' to 'Srinidhi S. Hegde' in the Marks cards and certificates conferred by them, but all of them informed him that they could change the name only if he produced a decree from the court. Then the plaintiff got issued a notice on 09.10.2014 and 11/2014 for all the defendants for 5 O.S. No.25713/2015 change of name of the plaintiff from 'Srinidhi M. S.' to 'Srinidhi S. Hegde'. But, they did not made a response for the same. Hence, this suit arose.
3. In spite of due service of summons, the defendant Nos.1, 3, 5, & 7 have not chosen to appear before this court, they have been placed exparte. The defendant Nos.2, 6 & 8 though represented by their respective learned counsels; but failed to file their respective written statements. The defendant No.4 though appeared in person; he also failed to file the written statement.
4. In order to prove his claim, the plaintiff got examined himself as P.W.1 and Ex.P.1 to Ex.P.37 documents have been marked.
5. Ex.P.1 is the SSLC marks card, Ex.P.2 is the certificate issued by the Department of Pre-University Education, Exs.P.3 to P.6 are the statement of marks of the M.B.B.S. course, Ex.P.7 is the convocation certificate, Ex.P.8 is the statement of marks in Post Graduate (M.D.) in General Medicine, Ex.P.9 is the convocation certificate, Ex.P.10 is the KMC Registration Certificate, Ex.P.11 is the affidavit, Exs.P.12 and P.13 are the paper publications, Ex.P.14 6 O.S. No.25713/2015 is the gazette notification, Ex.P.15 is the copy of passport, Ex.P.16 is the marriage certificate, Ex.P.17 is the notice, Exs.P.18 to P.24 are the postal receipts, Exs.P.25 to P.30 are the postal acknowledgements, Ex.P.31 and 31A are the notices, Exs.P.32 to P.35 are the postal receipts, and Exs.P.36 and P.37 are the postal acknowledgements.
6. Heard the learned advocate for the plaintiff and perused the records.
7. From the above pleadings, the following points are framed: -
1. Whether the plaintiff is entitled for the relief of declaration as sought for?
2. What decree or order?
8. After considering the plaintiff evidence on record, my findings on the above points are as below: -
Point No.1: In the Affirmative, Point No.2: As per final order, for the following: -7 O.S. No.25713/2015
REASONS
9. POINT No.1: In order to prove the point No.1, and the case of the plaintiff, the plaintiff by name Sri.Srinidhi S. Hegde is got examined as a P.W.1 by stating in his deposition that, he is a Doctor by profession and he was a student of Vijaya High School, Jayanagar, Bengaluru, and at the time of joining to the school, his name was given as 'Srinidhi M. S.' in the educational records and also in all his Degrees and Certificate of Registration and presently he is doing his Super-Specialization in Doctorate in Medicine (D.M) at St. Johns Medical College, Bengaluru. P.W.1 further stated that after completing his Post Graduation in May 2013, being keen to change his name by incorporating his surname along with initial of his father's name and which is to be called as 'Srinidhi S. Hegde'; therefore he got declared by way of necessary affidavit on 12.03.2013 and got published about change of his name on 14.09.2013 in Deccan Herald and also in Kannada Prabha as per the provision of law provided for the change of name Act. It is also stated that, thereafter Srinidhi S. Hegde, the plaintiff filed an application to the passport authorities, Bengaluru for change of his 8 O.S. No.25713/2015 name in the passport and the Passport Authorities, Ministry of External Affairs, Government of India, accepted his application as he got changed; accordingly his name was changed from 'Srinidhi M. S.' to 'Srinidhi S. Hegde. It is stated that he got married to Dr.Giri Punja M, D/o.G.M.Papanna on 11.08.2013 at Jaynagar, Bengaluru. It is also stated that he approached the defendants 1-5 in the month of May 2014 and defendant No.6 in the month of June 2014 and defendant No.7 and 8 in the month of July 2014, to change his name from 'Srinidhi M. S.' to 'Srinidhi S. Hegde' in the Marks cards and certificates conferred by them, but all of them informed him that they could not change the name only it can be rectified if he produced a decree from the court. P.W.1 further stated that he got issued a notice on 09.10.2014 and 11/2014 for the defendants for change of his name from 'Srinidhi M. S.' to 'Srinidhi S. Hegde'. But, none of the defendants has been made a response for the same. Therefore, this suit is filed against the defendants and prays to decree as prayed for.
10. Unchallenged sworn testimony of the plaintiff/P.W.1 is consistent to his case as noted supra. Exhibited documents i.e., 9 O.S. No.25713/2015 Exs.P.1 to P.37 supports the case of plaintiff. Ex.P.1 SSLC Marks Card, Ex.P.2 Certificate issued by the Department of Pre- University Education, Exs.P.3 to P.6 Statement of marks of the M.B.B.S. course, Ex.P.7 Convocation Certificate, Ex.P.8 Statement of marks in Post Graduate (M.D.) in General Medicine, Ex.P.9 Convocation certificate, Ex.P.10 KMC Registration Certificate, in all the documents the name of the plaintiff is mentioned as 'Srinidhi M. S.'; as per the above said his school records and the necessary information given to all the defendants; but, later on he expressed his keen to get change his name from 'Srinidhi M. S.' to Srinidhi S. Hegde' by adding the name of his father's surname. Besides, Ex.P.11 Affidavit, Exs.P.12 and P.13 Paper Publications, and Ex.P.14 Gazette notification, produced in this case regarding which legally he got declared in his affidavit and the same is got published in the above said papers as well as in gazette notification according to the provision of law. It is pertinent to note that on going through the affidavit dated 12.09.2013 and paper publications as well as gazette notification, he has legally and rightly followed the procedure prescribed for change of his name 10 O.S. No.25713/2015 according to the act provided for the same. Even he has taken a steps for issuing a notice under Section 80 CPC to all the defendants and requested to rectify his name from Srinidhi M. S. to Srinidhi S. Hegde. But, they insisted for production of the decree. Therefore, he has rightly approached to this court of law with necessary documents. It is also pertinent to note that none of the defendants appeared in this case to disprove the case of plaintiff, and the all the documents Ex.P.12 to 14 remained unchallenged and the same are not rebutted by the any of the defendants. Therefore, the plaintiff is entitled to the suit reliefs to got changed name in all the school records and other records maintained in the defendants. For the above said this back-drop, the plaintiff is entitled for the suit reliefs. Accordingly, I answer point No.1 in the Affirmative.
11. In view of my findings recorded on point No.1, I proceed to pass the following: -
ORDER The suit is hereby decreed without costs. It is declared that the plaintiff be known and to be 11 O.S. No.25713/2015 called by name 'Srinidhi S. Hegde' instead of Srinidhi M. S.'.
It is hereby directed to all the defendants change the name of 'Srinidhi M. S.' to 'Srinidhi S. Hegde' in all the relevant educational records, statement of marks card and certificate and other necessary records as prayed for.
Advocate fee is fixed at Rs.1,000/-.
The office is hereby required to draw the decree accordingly.
(Dictated to the Stenographer on online computer, thereof corrected and then pronounced by me in the open court on this the 27th day of April, 2016).
(Bannikatti Hanumanthappa.R.) IV Addl.City Civil & Sessions Judge, Mayohall Unit, Bengaluru.
ANNEXURES List of witness examined for the plaintiff:
P.W.1 - Sri.Srinidhi S. Hegde.
List of documents exhibited for the plaintiff:
Ex.P.1 - SSLC marks card
Ex.P.2 - Certificate issued by the Department
of Pre-University Education
Ex.P.3 to 6 - Statement of marks of the M.B.B.S.
course
12 O.S. No.25713/2015
Ex.P.7 - Convocation certificate
Ex.P.8 - Statement of marks in Post Graduate
(M.D.) in General Medicine
Ex.P.9 - Convocation certificate
Ex.P.10 - KMC Registration Certificate
Ex.P.11 - Affidavit
Ex.P.12 & 13 - Paper publications
Ex.P.14 - Gazette notification
Ex.P.15 - Copy of passport
Ex.P.16 - Marriage certificate
Ex.P.17 - Notice
Ex.P.18 to 24 - Postal receipts
Ex.P.25 to 30 - Postal acknowledgements
Ex.P.31 & 31A - Notices
Ex.P.32 to 35 - Postal receipts
Ex.P.36 & 37 - Postal acknowledgements
List of witness examined for the defendants:
-NIL-
List of document exhibited for the defendants:
-NIL-
(Bannikatti Hanumanthappa.R.) IV Addl.City Civil & Sessions Judge, Mayohall Unit, Bengaluru. 13 O.S. No.25713/2015