Writ petition filed seeking mandamus to direct educational authorities to update the petitioner's name from Asha to Lakshmi in records per a previous civil decree. Court allowed petition and directed compliance.
Respondent Nos.1 to 4 directed to consider Annexure-F and pass an appropriate order within 10 days.
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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 by SUNITHA GANGARAJU Location: High Court of Karnataka
NC: 2023:KHC:43168 WP No. 26218 of 2023
…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.
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
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.
Additional Government Advocate for the respondents.
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
representation submitted by the petitioner. Hence, he prays to allow the writ petition.
submissions made by learned counsel for the parties.
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
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.
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
1 issue framed by the court
Whether the respondents failed to comply with the decree in O.S.No.1108/2022 regarding the petitioner's name change in educational records.
Colour shows how this judgement treated each authority
O.S.No.1108/2022Referred¶20
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
SMT LAKSHMI (PREVIOUSLY NAMED ASHA G)
THE DIRECTOR DEPARTMENT OF PRE UNIVERSITY EDUCATION
THE DIRECTOR SECONDARY EDUCATION BOARD
THE DEPUTY DIRECTOR DEPARTMENT OF PUBLIC INSTRUCTION
BLOCK EDUCATION OFFICER BENGALURU NORTH-4
ASHOK SKINAGI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
ASHOK SKINAGI
Parties & counsel
