Petitioner sought mandamus to direct Bangalore University to consider his representation for changing his name on marks cards and degree certificate after a passport-based name change. The Court found no statutory provision or legal right entitling him to fresh certificates and dismissed the writ petition.
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NC: 2024:KHC:5087 WP No. 26108 of 2022
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF FEBRUARY, 2024 BEFORE
THE HON'BLE MR JUSTICE RAVI V HOSMANI WRIT PETITION NO. 26108 OF 2022 (EDN-RES)
BETWEEN:
MALUK JOHN CHIECH RUAIDEL, S/O JOHN CHIECH RUAIDEL, AGED ABOUT 31 YEARS, R/A NO.118, KALASIPALYAM MAIN ROAD, OPP. AYYAPPA TEMPLE, KALASIPALYAM, BANGALORE-560 002.
…PETITIONER
[BY SRI MANJUNATHA, ADVOCATE FOR SRI SYED KHALEEL PASHA, ADVOCATE (PH)]
AND:
Digitally signed by GEETHAKUMARI PARLATTAYA S Location: High Court of Karnataka
…RESPONDENTS
(BY SRI B. PRAMOD, ADVOCATE FOR R2 (VC);
R1 & R3 - SERVED AND UNREPRESENTED)
THIS WP IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE RESPONDENT TO CONSIDER THE REPRESENTATION AS PER ANNEXURE A TO C DATED 14.12.2022. DIRECT THE RESPONDENT TO CHANGE HIS NAME IN MARKS CARD AND DEGREE CERTIFICATE FROM JAMES JOHN CHIECH RUEI TO MALUK JOHN CHIECH RUAIDEL.
NC: 2024:KHC:5087 WP No. 26108 of 2022
THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN B-GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
This writ petition is filed for following reliefs:
"i) Issue writ of Mandamus directing the Respondents to consider the Representation as per Annexure A to C dated 14.12.2022;
ii) Direct the Respondents to change his name in Marks card and Degree Certificate from James John Chiech Ruei to Maluk John Cheich Ruaidel etc."
2. Sri Manjunatha, advocate appearing for Sri Syed
Khaleel Pasha, learned counsel for petitioner submitted that petitioner completed his Bachelor of Computer Applications in International Institute of Business Studies affiliated to respondent no.2-University in year 2018 and was awarded degree certificate. It was submitted that thereafter on 18.09.2019 petitioner got issued new passport from Republic of South Sudan in his new name i.e. Maluk John Chiech Ruaidel.
NC: 2024:KHC:5087 WP No. 26108 of 2022
Annexure - A requesting to consider for change of name in marks cards and degree certificate as mentioned in passport. Same remained without consideration. Therefore, petitioner was before this Court for direction to respondents to consider his representation.
record.
NC: 2024:KHC:5087 WP No. 26108 of 2022
was unable to point out any provision. Thus, petitioner is unable to establish legal right. Consequently, that there would be no obligation on part of respondent no.2 to consider petitioner's representation. Thus necessary ingredients for seeking writ of mandamus namely legal right inhering in petitioner and duty to respect that right by respondent would not be established. Therefore mere submission of representation without any legal right would not justify seeking for writ of mandamus.
is accordingly dismissed.
Sd/JUDGE
Psg*
1 issue framed by the court
Whether the University could be directed by mandamus to change petitioner's name in marks card and degree certificate absent any statutory provision conferring such a right.
1 provisions across 1 enactments
Maluk John Chiech Ruaidel
The Principal, International Institute of Business Studies
Bangalore University
The Vice Chancellor, Bangalore University
Ravi V Hosmani
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
