Bangalore District Court
Kumaravel N vs Government Of Karnataka, Reptd. By ... on 8 April, 2025
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O S No.4512/2024
KABC010165512024
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 8th day of April, 2025.
O.S. No.4512/2024
PLAINTIFF :: Kumaravel. N, S/o. Natesan.R,
Aged about 22 years,
Presently residing at No.80/A,
1st Floor, KEB Back side,
Marasandra Layout, Yandalam
Nagara, Subramanyapura
Post, VTC,Bengaluru South,
Bengaluru 560 061
(By Sri S. Chenna Krishna, Advocate)
V/s.
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O S No.4512/2024
DEFENDANTS :: 1. Government of Karnataka,
represented by its Chief
Secretary, Department of
Education, M.S. Building, Dr.
B.R. Ambedkar Veedhi,
Bangalore 560 001
2. The Deputy Director of
Public Instructions, Education
Department, Bangalore South
Taluk, Kalasipalya, Bangalore
560 002
3. The Secretary, Karnataka
Secondary Education
Examination Board,
Malleshwaram, Bangalore 560
003
4. The Commissioner, Public
Instructions Department,
Nrupathunga Road, Bangalore
560 001
5. The Principal, ISVS English
School, No.1, 8th Main, Arehalli
Layout, Chikkalasandra,
Bengaluru 560 061
(By Smt. K.K.H., Adv. for D-1
to 4, D-5 ex-parate)
Date of Institution of the Suit :: 25-06-2024
Nature of the Suit :: Declaration
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O S No.4512/2024
Date of commencement of
recording of evidence :: 15-10-2024
Date on which the Judgment
was pronounced. :: 08-04-2025
Year/s Month/s Day/s
Total Duration :: -- 09 13
( Smt. Gomati Raghavendra),
XIX Addl. City Civil & Sessions Judge,
Bengaluru City.
JUDGEMENT
Plaintiff has filed present suit seeking the relief of declaration.
2. Case of the plaintiff in brief is as under; At the time of admission of the plaintiff to the Higher Secondary School with defendant No.5, the name of the father of the plaintiff was written by the School Authority as Nadesan.R instead of Natesan.R by oversight and same was continued in all educational 4 O S No.4512/2024 records with defendant No.5. Plaintiff has completed S.S.L.C. examination with defendant No.3 during April- 2017 and completed his Degree in 2023.
3. It is further pleaded that the plaintiff is aspirant of the Government Job. On completion of education, plaintiff tried for Government Job in December 2023 and he came to know that in his S.S.L.C. marks card his father's name is wrongly entered as Nadesan.R, which needs to be corrected. Thereafter, plaintiff approached defendants and submitted representation requesting them to make necessary corrections. But went in vain.
4. The cause of action for the suit arose in the month of December-2023 and on 01-04-2024 when plaintiff came to know about the wrong entry of his father's name in his educational records and on the 5 O S No.4512/2024 date of issuance of legal notice on the defendants and same is within the jurisdiction of this Court.
5. Inter-alia, despite service of suit summons, defendant No.5 failed to appear before the Court and placed ex-parte. Defendants No.1 to 4 represented through learned 3rd ADGP and contested the suit by filing written statement wherein, it is stated that as per the Circular issued by the Commissioner of Education Department there is no provision to change the name of the plaintiff's father in nominal role and educational records of the plaintiff and issue education marks card of the plaintiff. Suit is barred by law of limitation as it is filed after the lapse of considerable time. There is no cause of action for the suit. Hence denying plaint averments, these defendants have sought for dismissal of the suit.
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O S No.4512/2024
6. Based on the rival pleadings and materials on record, following issues have been framed.
1. Whether plaintiff is entitled for the relief as sought ?
2. What order or decree ?
7. In support of plaint averments, plaintiff is examined as PW-1 and got marked documents at Ex.P-1 to P-11. Plaintiff has also examined his father as PW-2 and got marked documents at Ex.P-12 to P-15. The defendants have not led evidence.
8. Heard both counsel and perused the materials on record.
9. 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;7
O S No.4512/2024 REASONS
10. ISSUE NO.1 :: As per the case of the plaintiff, in his educational records maintained by defendants, his father's name has been wrongly entered as Nadesan.R instead of Natesan.R, which needs to be rectified by issuing necessary direction to the defendants.
11. In order to substantiate plaint averments, plaintiff himself entered into the witness box and 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-11.
12. Ex.P-1 is S.S.L.C. marks card of plaintiff, as per which his father's name is mentioned as Nadesan.R. Similarly, the Transfer Certificate of plaintiff at Ex.P-2 discloses his father's name as Nadesan.R. 8 O S No.4512/2024 However, the Birth Certificate of the plaintiff at Ex.P-3 discloses the father name of the plaintiff as R.Natesan. Similarly, the Adhaar Card of plaintiff, Adhaar Card of father of the plaintiff at Ex.P-4 & P-5 discloses his father's name as Natesan.R. In this regard, plaintiff has also examined his father as PW-2, who in his affidavit evidence has reiterated the version of plaintiff with respect to his name. In addition to his affidavit evidence PW-2 has also placed reliance of documentary evidence at Ex.P-12 to P-15 such as, his Transfer Certificate of the year 1984-85 & 1985-86 marked at Ex.P-12, Secondary School Leaving Certificate, which contain the S.S.L.C. Public Examination / marks card, Higher Secondary Course Certificate of the year 1986 at Ex.P-14 and Adhaar Card of the father of the plaintiff at Ex.P-15 disclose his name as Natesan.R. 9 O S No.4512/2024
13. In the instant case, PW-1 & 2 have although been cross-examined by the counsel for defendants, but nothing worth material has been elicited from them to disbelieve the plaint averments or to discard the evidence led by them. The documentary evidence placed by PW-1 as well as PW-2 such as the Ex.P-12 to P-15 i.e., educational records and identity card of PW-2, the Birth Certificate at Ex.P-3, Adhaar Card at Ex.P-4 coupled with marks card of plaintiff at Ex.P-11 clearly disclose his father's name as R.Natesan, which is correct name of the father of plaintiff. But his name has been entered as Nadesan.R in school records of the plaintiff, which required to be rectified by the orders of this Court.
14. Absolutely, no contra materials have been produced by the defendants to rebut the evidence produced by the plaintiff. No materials have been 10 O S No.4512/2024 produced by the defendants to show that the present suit is filed by the plaintiff to make wrongful gain. Hence, having regard to all these aspects, present suit deserves to allowed. 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 filed by the plaintiff is decreed. It is declared that the name of the father of the plaintiff is NATESAN.R instead of Nadesan.R. Issue direction to the defendants to make necessary changes in the name of plaintiff's father in all his educational records.
No order as to costs.
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O S No.4512/2024 Draw decree accordingly.
(Dictated to the Stenographer, transcribed by her, transcription corrected and then pronounced by me in the open Court on this the 8th day of April, 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 :: Kumaravel.N
PW-2 :: Natesan.R
(B) DEFENDANTS SIDE :: NIL
II. LIST OF DOCUMENTS EXHIBITED ON BEHALF OF:
(a) PLAINTIFF'S SIDE :
Ex.P-1 :: Notarised copy of S.S.L.C. Marks card of plaintiff Ex.P-2 :: Notarised copy of Transfer Certificate of plaintiff Ex.P-3 :: Notarised copy of Birth Certificate of of plaintiff 12 O S No.4512/2024 Ex.P-4 :: Notarised copy of Adhaar Card of plaintiff Ex.P-5 :: Notarised copy of Adhaar Card of father of the plaintiff Ex.P-6 :: Legal Notice dated 01-04-2024 Ex.P-7 :: Five Postal receipts Ex.P-8 to Ex.P-10 :: 3 Postal Acknosledgements Ex.P-11 :: Notarised copy of P.U.C. Marks card of the plaintiff Ex.P-12 :: Notarised Transfer Certificate of PW-2 Ex.P-13 :: Notarised copy of S.S.L.C. marks card of PW-2 Ex.P-14 :: Notarised copy of Higher Secondary Examination(P.U.C.) marks card of PW-2 Ex.P-15 :: Notarised copy of Adhaar Card of PW-2 (B) DEFENDANTS SIDE : NIL (Smt. GOMATI RAGHAVENDRA), XIX ADDL. CITY CIVIL & SESSIONS JUDGE, BENGALURU CITY.
13 O S No.4512/2024