Bangalore District Court
Ms.Vishnu.N vs ) The Chief Secretary on 11 February, 2022
KABC010062092021
Govt. of Karnataka TITLE SHEET FOR JUDGMENT IN SUITS
Form No.9(Civil)
Title Sheet for
Judgment in suits
(R.P.91)
IN THE COURT OF THE VI ADDL. CITY CIVIL & SESSIONS JUDGE
AT BENGALURU CITY
(CCCH.11)
Dated this the 11th day of February 2022
PRESENT: Sri. Rama Naik, B.Com., LL.B.,
(Name of the Presiding Judge)
O.S.No.1806/2021
PLAINTIFF MS.VISHNU.N
D/o.Sri.R.N.Nagendra Kumar
Aged about 21 years
R/at No.842, 6th Cross
III Block, III Phase
Banashankari III Stage
Bengaluru -560 085
[By Pleader Sri. T.Ravindra]
/Vs/
DEFENDANTS 1) THE CHIEF SECRETARY
UNION OF INDIA
OS.1806/2021
2
(Primary & Secondary Education)
Shastri Bhavan
New Delhi - 110 001
2) THE PRINCIPAL SECRETARY TO
UNION OF INDIA
(Primary & Secondary Education)
Shastri Bhavan, New Delhi
[By Pleader Sri.Prakash Rao.K]
3) THE CHIEF SECRETARY
STATE OF KARNATAKA
Vidhana Soudha
Bengaluru -560 001
[Exparte]
4) CENTRAL BOARD OF SECONDARY
EDUCATION
(Head Office), 'Shiksha Kendra'
2, Community Centre
Preet Vihar, DELHI - 110 092
5) CENTRAL BOARD OF SECONDARY
EDUCATION
Bengaluru Region
Degree College Building
No.57, Hesarghatta Main Road
Near Sapthagiri Hospital
Chimney Hills, Chikkabanavara
Bengaluru - 560 090
[By Pleader Sri.Prakash Rao.K]
6) DELHI PUBLIC SCHOOL
Bengaluru South
11 Km., Kanakapura Main Road
Bikasipura, Konanakunte Cross
Bengaluru -560 062
[Exparte]
OS.1806/2021
3
7) THE DIRECTOR
Department of Pre-University
Education Board
Sampige Road, 18th Cross Road
Mallesharam, Bengaluru -560 012
8) SRI KUMARAN CHILDREN'S HOME
COMPOSITE PRE-UNIVERSITY
COLLEGE
No.1/1A : 28/29, 4th Cross
Muneshwara Nagara
Subramanyapura Main Road
Bengaluru -560 061
9) THE REGISTRAR
VISVESVARAYA TECHNOLOGICAL
UNIVERSITY (VTU)
Jnana Sangama, VTU Main Road
Visvesvaraya Technological University
Machhe, Belgaum
Karnataka - 590 018
10) B.N.M INSTITUTE OF TECHNOLOGY
Post Box No.7087
27th Cross, 12th Main
Banashankari 2nd Stage
Bengaluru -560 070
[Exparte]
Date of Institution of the suit : 15.03.2021
Nature of the Suit : Declaration &
Injunction
Date of commencement of recording
of evidence : 03.01.2022
OS.1806/2021
4
Date on which the Judgment was
pronounced : 11.02.2022
Year/s Month/s Day/s
Total Duration : -- 10 26
(RAMA NAIK)
VI ADDL.CITY CIVIL & SESSIONS JUDGE
BENGALURU CITY
JUDGMENT
Suit is filed by Plaintiff to direct Defendants to incorporate her name as 'AASHVI NAGENDRA' in her educational records.
2) In brief, Plaintiff's case is that she born on 10.04.1999 and she has been named as 'Vishnu.N'.
3) It is stated that she studied up to 10 th standard in Defendant No.6 School and PU course in Defendant No.8 College.
OS.1806/2021 5
4) It is stated that she did her Bachelor Degree in Electronics and Communications in Defendant No.10 Institute.
5) It is stated that in all her educational records, her name has been entered as 'Vishnu.N'.
6) It is stated that her name 'Vishnu' indicates male name and by her name, she is mistakenly identified as male.
7) It is stated that in the month of October 2020 when she consulted her Astrologer, he suggested to change her name as 'Aashvi Nagendra', and therefore, she issued a legal notice dated 01.12.2020, calling upon Defendants to incorporate her name as 'Aashvi Nagendra' in her educational records.
OS.1806/2021 6
8) It is stated that despite service of notice, Defendants did choose not to comply with the request made in the notice. Hence, prays for decree.
9) Summonses issued to Defendants No.1 to 10 were duly served. Defendants No.1, 2, 4 and 5 entered appearance through their advocate, however, they did choose not to file their written statement. Defendants No.3, 6 to 10 did choose not to appear and therefore, they were placed ex parte.
10) Plaintiff has got examined as PW.1 and got marked Exs.P.1 to P.45 in support of her case.
11) Heard learned Counsel for Plaintiff. Perused the records.
12) Point that arises for consideration is :
OS.1806/2021 7 "Does Plaintiff entitle for the relief as prayed in plaint?"
13) My answer to above point is in the affirmative for the following :
REASONS
14) Plaintiff seeks direction to Defendants to incorporate her name as 'Aashvi Nagendra' in her educational records, contending that her birth name is 'Vishnu.N', which has been entered in all her educational records.
15) It is further contended that the name 'Vishnu.N' indicates male name and she has been mistakenly identified as male instead of female, and therefore, she has changed her name as 'Aashvi Nagendra' and issued legal notice to Defendants to incorporate the same in her educational records.
OS.1806/2021 8
16) Plaintiff has deposed as PW.1 reiterating the facts stated in the plaint. Documents marked on behalf of Plaintiff are at Exs.P.1 to P.45.
17) Ex.P.1 is birth certificate of Plaintiff, wherein her name has been shown as 'Vishnu.N'.
18) Ex.P.2 is horoscope of Plaintiff prepared by one Sri.Hanumanthappa, who is said to be the Astrologer. In Ex.P.2 he opines that if Plaintiff changes her name as 'Aashvi Nagendra', she would get all prosperity, health and luck in her life.
19) Exs.P.3 to P.8 are Study Certificate, PU marks card, Migration certificate, Certificate, Grade Sheet cum Certificate of Performance [Class X], and Study Certificate. In all the documents, Plaintiff's name has been shown as 'Vishnu.N'.
OS.1806/2021 9
20) Ex.P.9 is Aadhaar card of Plaintiff, wherein her name is mentioned as 'Vishnu.N'.
21) Exs.P.10 to P.12 are Affidavits sworn in by Plaintiff declaring that she has changed her name from 'Vishnu N' to 'Aashvi Nagendra'.
22) Exs.P.13 and P.14 are 'The New Indian Express' and 'Kannada Prabha' newspapers dated 22.04.2021, wherein Plaintiff's change of name has been published as per Exs.P.13(a) and P.14(a).
23) Ex.P.15 is office copy of legal notice dated 28.10.2020. Exs.P.16 to P.26 are postal receipts for having addressed notice at Ex.P.15 to Defendants and the Passport Authority. Exs.P.27 and P.35 are track consignments. Exs.P.28 to P.34 are postal acknowledgments for having received the notice at Ex.P.15 by Defendants and Passport Authority.
OS.1806/2021 10
24) Ex.P.36 is reply issued by Passport Authority stating the procedure for changing the name in the Passport.
25) Exs.P.37 and P.38 are unserved RPAD covers and Exs.P.37(a) and P.38(a) are original notices.
26) Exs.P.39 and P.42 are office copies of legal notices dated 10.11.2020 and 30.12.2020, calling upon Defendants No.1 and 9 to incorporate Plaintiff's name as 'Aashvi Nagendra'. Exs.P.40 and P.43 are postal receipts and Exs.P.41 and P.45 are acknowledgment and track consignment. Ex.P.44 is complaint to Post Master for non receipt of acknowledgment.
27) Aforesaid documents make it clear that Plaintiff's name is 'Vishnu.N' and same has been entered in her educational records. It is further clear that Plaintiff has changed her name from 'Vishnu.N' OS.1806/2021 11 to 'Aashvi Nagendra' by swearing to Affidavits and by taking paper publications. It is also clear that Plaintiff issued legal notice to Defendants to incorporate her name as 'Aashvi Nagendra' in her educational records.
28) In Smt.Dorasanamma Vs. State of Karnataka [RFA No.284/2014 (DEC) decided on 02.09.2016], Hon'ble High Court of Karnataka was pleased to hold that there need not be a mistake in furnishing the name while admitting into the Educational Institution and the name can be changed according to the wish of the candidate. Para-9 of the Judgment (supra) reads thus :
"9. The appellant filed a suit seeking for declaration, declaring her changed name as Divya.G instead of Dorasanamma. The change of Name Act provides that name of a student up to secondary level also can be changed by getting judgment and decree from the jurisdictional court. Without the decree passed by the Competent court, the name cannot be changed in the school records. When the student attains majority and if he/she has an OS.1806/2021 12 intention to change his/her name, the intention must be disclosed through an affidavit sworn to before the Court Officer/Notary or Magistrate in a Stamp Paper of Rs.20/- and the same has to be published in two leading news papers to make known to the general public regarding change of name. So far as student is concerned, change of name in the school records is done only on furnishing the judgment and decree by the competent Civil Court. In view of that, the appellant filed a suit seeking for declaration to declare her name as Divya.G as provided under the Change of Name Act. The reasons assigned by the trial court to dismiss the suit is contrary to the change of Name Act. There need not be a mistake in furnishing the name while admitting into the Educational Institution. The name can be changed according to the wish of the candidate. The change of Name Act provides for the same. In the instant case, none of the respondents objected for change of name. The necessary documents with regard to swearing of the affidavit in a stamp paper before the competent authority and also two paper publications made available to the court. Hence, the question of dismissing the suit for change of name is contrary to law".
(underlined by me)
29) Thus, it is clear that the name can be changed, however, intention to change the name is required to be disclosed through affidavit sworn in OS.1806/2021 13 before the Notary Public and same has to be published in newspapers to make known to the general public.
30) Despite issue of legal notice to Defendants to incorporate her name as 'Aashvi Nagendra', Defendants did choose not to comply with the request made in the notice. In that circumstance, only option left open to Plaintiff is to file suit for declaration. In that view, there is no impediment to declare the name of Plaintiff as 'Aashvi Nagendra' and to direct Defendants to incorporate the same in her educational records. Accordingly, I answer the above point in the affirmative and proceed to pass the following :
ORDER (1) Suit filed by Plaintiff is hereby decreed.
OS.1806/2021 14 (2) It is hereby declared that the name of Plaintiff is "AASHVI NAGENDRA".
(3) Defendants are hereby directed to effect necessary changes in all the educational records of Plaintiff by incorporating her name as "AASHVI NAGENDRA"
(4) Draw Decree accordingly.
(Dictated to the Judgment Writer directly on computer, typed matter corrected and then pronounced by me in open court, on this the 11th day of February 2022) (RAMA NAIK) VI Addl.City Civil & Sessions Judge Bengaluru City OS.1806/2021 15 ANNEXURE I. List of witnesses examined on behalf of :
(a) Plaintiff's side :
P.W.1 - Ms.Vishnu.N, dtd. 03.01.2022
(b) Defendants side : N I L II. List of documents exhibited on behalf of :
(a) Plaintiff's side :
Ex.P.1 Birth Certificate of Plaintiff
Ex.P.2 Horoscope of Plaintiff
Ex.P.3 Study Certificate of Plaintiff issued by
Delhi Pulic School, Bengaluru South Ex.P.4 Original PU Marks Card of Plaintiff issued by Department of Pre-University Education Ex.P.5 Migration Certificate of Plaintiff issued by Central Board of Secondary Education Ex.P.6 Certificate issued by Principal Sri Kumaran Children's Home Composite Pre-University College Ex.P.7 Grade Sheet Cum Certificate of Performance of Plaintiff issued by Central Board of Secondary Education, Delhi Ex.P.8 Study Certificate issued by Sri Kumaran Children's Home Composite Pre-University College Ex.P.9 Aadhaar Card of Plaintiff OS.1806/2021 16 Ex.P.10 Affidavits of Plaintiff sworn in before To Notary Public regarding change of name Ex.P.12 Ex.P.13 'The New Indian Express' Newspaper dated 22.04.2021 Ex.P.13(a) Relevant publication Ex.P.14 'Kannada Prabha' Newspaper dtd.22.04.2021 Ex.P.14(a) Relevant publication Ex.P.15 Office copy of legal notice dtd.28.10.2020 Ex.P.16 To Postal Receipts Ex.P.26 Ex.P.27 Track consignment Ex.P.28 To Postal Acknowledgments Ex.P.34 Ex.P.35 Track consignment Ex.P.36 Reply dtd.17.11.2020 issued by Passport Authority regarding procedure for change of name in Passport Ex.P.37 Unserved RPAD Cover Ex.P.37(a) Original Notice dtd. 28.10.2020 Ex.P.38 Unserved RPAD Cover Ex.P.38(a) Original Notice dtd.28.10.2020 Ex.P.39 Office copy of Notice dtd.10.11.2020 Ex.P.40 Postal Receipt Ex.P.41 Postal Acknowledgment Ex.P.42 Office copy of Notice dtd.30.12.2020 Ex.P.43 Postal Receipt OS.1806/2021 17 Ex.P.44 Letter dtd.09.02.2020 addressed to Post Master regarding non-receipt of acknowledgment Ex.P.45 Track consignment
(b) Defendants side : NIL
--
VI Addl.City Civil & Sessions Judge Bengaluru City