Karnataka High Court
The State Of Karnataka vs Smt. Kamalamma E on 18 August, 2025
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WA No. 294 of 2025
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 18TH DAY OF AUGUST, 2025
PRESENT
THE HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE
AND
THE HON'BLE MR. JUSTICE C M JOSHI
WRIT APPEAL NO. 294 OF 2025 (EDN-RES)
BETWEEN:
1. THE STATE OF KARNATAKA
REPRESENTED BY ITS SECRETARY,
DEPARTMENT OF EDUCATION,
M.S. BUILDING, DR. B.R. AMBEDKAR VEEDHI,
BENGALURU - 560 001.
2. THE SECRETARY
KARNATAKA SECONDARY EDUCATION,
EXAMINATION BOARD, MALLESHWARAM
BENGALURU - 560 003.
Digitally signed
by 3. THE DEPUTY DIRECTOR (ADMN)
SHARADAVANI
B DEPARTMENT OF PUBLIC INSTRUCTION,
Location: High NO.12, DISPENSARY ROAD,
Court of
Karnataka OPP KIMS HOSPITAL, KALASIPALYA,
BENGALURU - 560 002.
4. THE HEAD MASTER
KARNATAKA PUBLIC SCHOOL,
HONNAGANAHATTI,
MAGADI MAIN ROAD, TAVAREKERE,
BENGALURU SOUTH RANGE-I,
BENGALURU - 560 030.
...APPELLANTS
(BY SRI. K.S. HARISH, GOVT. ADVOCATE)
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WA No. 294 of 2025
HC-KAR
AND:
SMT. KAMALAMMA E
AGED ABOUT 42 YEARS,
S/O SRI. EERAHANUMAIAH,
RESIDING AT NO.66,
ANJANEYA TEMPLE ROAD,
PATTANAGERE,
BANGALORE SOUTH,
BENGALURU - 560 098.
...RESPONDENT
THIS WRIT APPEAL IS FILED U/S 4 OF THE KARNATAKA
HIGH COURT ACT PRAYING TO i) ALLOW THE APPEAL ii) SET
ASIDE THE ORDER DATED 11.09.2024 PASSED BY THE
LEARNED SINGLE JUDGE IN W.P No. 24671/2024 (EDN-RES)
iii) PASS ANY OTHER ORDER/ORDERS IN THE FACTS AND
CIRCUMSTANCES OF THE CASE AS THIS HONBLE COURT
DEEMS FIT, IN THE INTEREST OF JUSTICE.
THIS APPEAL, COMING ON FOR PRELIMINARY HEARING,
THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR. VIBHU BAKHRU ,CHIEF JUSTICE
and
HON'BLE MR. JUSTICE C M JOSHI
ORAL JUDGMENT
(PER: HON'BLE MR. VIBHU BAKHRU,CHIEF JUSTICE)
The appellants have filed the present appeal impugning an
order dated 11.09.2024 passed by the learned Single Judge in
Writ Petition No.24671 of 2024 (EDN-RES) captioned 'Smt.
Kamalamma E. v. State of Karnataka and Ors.'
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The respondent (who is aged about 42 years) at the material
time, had filed the said writ petition impugning a letter dated
20.07.2024 rejecting the respondent's request for altering the
date of birth in SSLC Mark's card from 08.02.1980 to
14.08.1982.
2. It was the respondent's case that she was born on
14.08.1982, but her date of birth was incorrectly mentioned as
08.02.1980 in her school records. In the aforesaid context, the
respondent had instituted a suit being O.S.No.5001 of 2021
before the City Civil Court, Bengaluru seeking a declaration that
her actual date of birth is 14.08.1982; deletion of her incorrect
date of birth; and, for making necessary corrections and entries
in the official records, marks card etc. The respondent had also
sought orders for issuance of fresh documents in her favour. The
said suit was dismissed by the learned trial court in terms of a
judgment dated 04.12.2021. Aggrieved by the same, the
respondent had approached and filed an appeal before this
Court being RFA No.626 of 2022, which was allowed by this
Court in terms of judgment and decree dated 19.07.2022.
Accordingly, the suit instituted by the respondent was decreed in
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her favour. The appellant was a party to the suit and the said
appeal and had contested the same. Indisputably in terms of the
judgment and decree passed by this Court in RFA No.626 of
2022, the respondent's application for correcting her date of birth
in the official record could not be rejected. The appellants are
required to implement the final judgment and decree
notwithstanding that there may be grounds to contest the
respondent's prayer for correction of her date of birth in the
official records including the S.S.L.C. marks card.
3. Noting that the order dated 19.07.2022 passed by the
learned Single Judge in RFA No.626 of 2022 had attained
finality, the learned Single Judge set aside the communication
dated 20.07.2024 issued whereby, the respondent's request for
correcting her date of birth in S.S.L.C marks card and other
document was rejected. We find no infirmity with the decision of
the learned Single Judge. It is not necessary to examine the
merits of the appellant's contention that change in the records
was not apposite as the respondent had sat for the examination
on the basis of being eligible, as born on 08.02.1980. The said
dispute regarding the correct date of birth and whether the
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appellant was required to correct the same on record was finally
adjudicated by the learned Single Judge in RFA No.626 of 2022.
Hence, there cannot be re-adjudication of the same dispute after
the order passed by this Court has attained finality.
4. The appeal is accordingly dismissed.
We clarify that this order will not preclude the appellant
from availing any remedy in respect of the order dated
19.07.2022 passed by the learned Single Judge in RFA No.626
of 2022, if the same is otherwise available in law.
Sd/-
(VIBHU BAKHRU)
CHIEF JUSTICE
Sd/-
(C M JOSHI)
JUDGE
SS
CT: BHK
