Karnataka High Court
Smt Lakshmi vs The Director on 29 November, 2023
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NC: 2023:KHC:43168
WP No. 26218 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 29TH DAY OF NOVEMBER, 2023
BEFORE
THE HON'BLE MR JUSTICE ASHOK S.KINAGI
WRIT PETITION NO. 26218 OF 2023 (EDN-RES)
BETWEEN:
SMT LAKSHMI
(PREVIOUSLY NAMED ASHA G),
WIFE OF LATE SHIVALINGA,
AGED ABOUT 30 YEARS,
R/AT NO.234/16,
ADAKAMAANAHALLI, MAKALI POST,
BENGALURU 560 162.
...PETITIONER
(BY SRI. ABHISHEK GOWDA A.H., ADVOCATE FOR
SRI. ROHAN HOSMATH, ADVOCATE)
AND:
Digitally signed 1. THE DIRECTOR
by SUNITHA
DEPARTMENT OF PRE UNIVERSITY EDUCATION,
GANGARAJU
SAMPIGE ROAD,
Location: High 18TH CROSS, MALLESHWARAM,
Court of BENGALURU 560012
Karnataka
2. THE DIRECTOR
SECONDARY EDUCATION BOARD,
6TH CROSS ROAD, MALLESHWARAM,
BENGALURU 560003
3. THE DEPUTY DIRECTOR
DEPARTMENT OF PUBLIC INSTRUCTION,
BENGALURU NORTH, K G ROAD,
BENGALURU 560009
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WP No. 26218 of 2023
4. BLOCK EDUCATION OFFICER
BENGALURU NORTH-4,
GOVT FIRST GRADE COLLEGE,
YELAHANKA,
BENGALURU 560064
...RESPONDENTS
(BY SMT. MAMATHA SHETTY, AGA FOR R1)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSITUTION OF INDIA PRAYING TO DIRECT
THE R1 TO R4 TO TAKE NECESSARY STEPS TO CHANGE THE
NAME OF THE PETITIONER FROM ASHA TO LAKSHMI IN ALL
THE EDUCATIONAL RECORD, IN ACCORDANCE WITH THE
JUDGMENT AND DECREE PASSED BY THE COURT OF V ADDL.
CITY CIVIL AND SESSION JUDGE BANGALORE(CCH-13) IN OS
NO.1108/2022 DTD 12.12.2022 PRODUCED HEREWITH AS
ANNX-E.
THIS PETITION, COMING ON FOR PRELIMINARY
HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
The petitioner filed this writ petition seeking for a
mandamus directing the respondents to take necessary
steps to incorporate the name changed in accordance with
judgment and decree dated 12.12.2022 in
O.S.No.1108/2022 passed by the learned V Additional City
Civil and Sessions Judge, Bengaluru.
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2. Brief facts leading rise to filing of this petition are
as under:
It is the case of the petitioner that the petitioner was
born on 11.06.1991. The petitioner has completed her
lower Primary education in Adakamaranahalli village,
Lower Primary Government School up to 7th standard and
the petitioner has completed Pre-University course in the
month of July 2009. After completion of Pre University
education, the petitioner has obtained her Transfer
Certificate on 09.08.2009. The petitioner has submitted a
representation to the respondent Nos.1 to 4 to change the
name from Asha G to Lakshmi and the petitioner has
taken out paper publication in two newspapers.
Thereafter, the respondent Nos.1 to 4 did not pass any
orders on the representation submitted by the petitioner.
Hence, the petitioner filed the suit in O.S.No.1108/2022
seeking for the relief of declaration that the name of the
petitioner is Lakshmi and not as Asha and further sought
mandatory injunction directing the respondents to change
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the name of the petitioner from Asha to Lakshmi. The said
suit came to be decreed vide judgment dated 12.12.2022.
The petitioner submitted a representation along with
judgment and decree passed in the aforesaid suit. The
respondents have not passed any orders on the
representation nor complied directions issued in the said
suit. Hence, this writ petition.
3. Heard learned counsel for petitioner and learned
Additional Government Advocate for the respondents.
4. Learned counsel for the petitioner submits that
the petitioner filed a suit in O.S.No.1108/2022 seeking for
the relief of declaration for change of name from Lakshmi
to Asha. The said suit came to be decreed vide judgment
dated 12.12.2022. The petitioner has submitted a
representation along with the judgment passed in the
aforesaid suit. The respondent Nos.1 to 4 have neither
complied with the directions issued by the learned City
Civil and Sessions Judge nor passed any orders on the
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representation submitted by the petitioner. Hence, he
prays to allow the writ petition.
5. Per contra, learned Additional Government
Advocate for the respondents submits that if reasonable
time is granted to the respondents, the respondents will
consider the representation and pass an appropriate order
in accordance with law.
6. Perused the records and considered the
submissions made by learned counsel for the parties.
7. The petitioner filed a suit in O.S.No.1108/2022
for declaration that change in the name of the petitioner is
Lakshmi and not as Asha and further directed the
respondents to change the name of petitioner as Lakshmi
in the place of Asha in all educational records of the
petitioner. Inspite of the decree passed by the City Civil
and Sessions Judge, the respondents have not complied
the decree passed in the aforesaid suit. The petitioner
submitted a representation vide Annexure-F on
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14.03.2023 requesting to change of name in SSLC marks
card and issue a fresh marks card. The respondents
inspite of decree passed in the aforesaid suit have not
complied with the directions issued in the said suit and
also not considered the representations.
8. In view of the above discussions, I proceed to
pass the following:
ORDER
Writ petition is allowed.
Respondent Nos.1 to 4 are directed to consider
Annexure-F and pass an appropriate order in
accordance with law within a period 10 days from the
date of receipt of copy of the order.
SD/-
JUDGE
sks
