Karnataka High Court
Sri Yathish Lakshman Kumar vs The Deputy Director Of Public on 5 August, 2024
Author: S.R.Krishna Kumar
Bench: S.R.Krishna Kumar
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NC: 2024:KHC:31001
WP No. 20904 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 5TH DAY OF AUGUST, 2024
BEFORE
THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR
WRIT PETITION NO. 20904 OF 2023 (EDN-RES)
BETWEEN:
SRI. YATHISH LAKSHMAN KUMAR
S/O LATE LAKSHMAN N
AGED ABOUT 39 YEARS
R/AT FLAT NO.302, 3RD FLOOR
SAMRUDHI NILAYA , 1ST CROSS
DODDAIAH LAYOUT
BABUSAPALYA
BENGALURU- 560 043
...PETITIONER
(BY SRI. MUNIYAPPA, ADVOCATE)
AND:
1. THE DEPUTY DIRECTOR OF PUBLIC
Digitally signed INSTRUCTION, SECONDARY EDUCATION
by LEELAVATHI MINISTRY OF PUBLIC INSTRUCTIONS
SR
Location: HIGH
BENGALURU URBAN DISTRICT
COURT OF K.G.ROAD, BENGALURU-560 009
KARNATAKA
2. THE BO OFFICER
NORTH-2, MALLESHWARAM
BENGALURU- 560 003
3. THE BO OFFICER
NORTH-1, RAJAJINAGAR
BENGLAURU- 560 010
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NC: 2024:KHC:31001
WP No. 20904 of 2023
4. HEAD MASTER
BBMP CORPORATION HIGH SCHOOL
MARAPPANAPALYA
YESHVANTHPURA
BENGALURU-560 022
5. KARNATAKA SCHOOL EXAMINATION AND
ASSESSMENT BORAD
OFFICE AT 6TH CROSS ROAD
MALLESHWARAM
BENGALURU-560 003
REP. BY ITS SECRETARY
...RESPONDENTS
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO
DIRECTING THE R1 TO R4 AND R5 TO CONSIDER THE
REPRESENTATIONS DATED 20/06/2023 AND 04/08/2023
SUBMITTED TO THE R2 AND R4 FOR ISSUANCE TRANSFER
CERTIFICATE AND MARKS CARD, VIDE ANNEXURE-E, F, G AND
G1.
THIS PETITION, COMING ON FOR PRELIMINARY
HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE S.R.KRISHNA KUMAR
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NC: 2024:KHC:31001
WP No. 20904 of 2023
ORAL ORDER
In this petition, the petitioner seeks the following
reliefs:
"1. Issue Writ of Mandamus or any other
appropriate Writ, Order directing the
Respondent No.1 to 4 and 5 to consider the
representations dated 20.06.2023 and
04.08.2023 submitted to the respondent no.2
and 4 for issuance of Transfer Certificate and
Marks Card vide Annexures - E, F, G and G1
and;
2. Pass any other order or direction as
this Hon'ble Court may deem fit to grant in the
circumstances of the case in the interest of
justice and equity."
2. Heard.
3. A perusal of the material on record would indicate
that the petitioner instituted a suit in OS 26433/2018 before
the City Civil Court, Bengaluru seeking change of his name
from Yathish Kumar L/Yatish Kumar L to Yathish Lakshman
Kumar and the said suit came to be dismissed on 5.9.2019.
Aggrieved by the said judgment and decree passed by the trial
Court, the petitioner preferred an appeal before this Court in
RFA 644/2019 which came to be allowed by this Court by
judgment dated 18.07.2022 in which the petitioner/appellant
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was permitted to change his name from Yathish Kumar L/Yatish
Kumar L to Yathish Lakshman Kumar subject to appellant
publishing the change of name in two daily news papers and
upon such publication, the respondents were directed to
incorporate the change of name of the petitioner/appellant from
Yathish Kumar L/Yatish Kumar L to Yathish Lakshman Kumar in
all State Government and Central Government records
including the records maintained by the respondents.
4. It is the grievance of the petitioner that, despite the
aforesaid judgment and decree passed by this Court in RFA
644/2019 which has attained finality and the petitioner having
submitted repeated representations dated 20.6.2023, 4.8.2023
to the respondents, the respondents in particular 5th
respondent, are not taking any steps to change the name of the
petitioner in SSLC Marks Card of the petitioner who is before
this Court by way of the present petition.
5. Per contra, learned AGA who is present in the Court
submits that if a reasonable time is granted, 5th respondent
would make necessary changes in its records and change the
name of the petitioner from Yathish Kumar L/Yatish Kumar L to
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Yathish Lakshman Kumar and issue necessary certificates and
marks card in favour of the petitioner in accordance with law.
6. In view of the aforesaid facts and circumstances, I
deem it just and appropriate to dispose of this writ petition by
directing respondent nos. 1 to 5 in particular respondent no.5
to change/modify the name of the petitioner from Yathish
Kumar L/Yatish Kumar L to Yathish Lakshman Kumar in all its
official records and issue certificate/SSLC Marks Card in favour
of the petitioner within a period of one week from today.
7. The Writ Petition stands disposed of with the above
direction.
Sd/-
(S.R.KRISHNA KUMAR)
JUDGE
Sk/-
