IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF JULY, 2019 BEFORE THE HON'BLE MRS. JUSTICE S.SUJATHA WRIT PETITION NO.14970/2019 (EDN - RES) Between:
Srilakshmi V., D/o Vivekananda B., Aged about 14 years, R/at No.43/1, Thirumalagiri, 15th Main, 1st Cross, Muneshwara Block, BSK 3rd Stage, Bangalore – 560 026.
Represented by Natural Guardian Father:- Vivekananda B., S/o M.Bheemanna, Aged about 58 years, R/at No.43/1, Thirumalagiri, 15th Main, 1st Cross, Muneshwara Block, BSK 3rd Stage, Bangalore – 560 026.
(By Sri.Sharath S Gowda, Adv.,) …Petitioner And:
1. State of Karnataka, Department of Primary and Secondary Education, New Room No.641, 6th Floor, M.S.Building, Bengaluru – 560 001. Represented by its Principal Secretary.
2. The Block Education Officer, BEO Office, South Division – I, Shankarmutt Road, Shankarapuram, Bangalore – 560 004.
...Respondents (By Smt. Pramodhini Kishan, AGA) This Writ Petition is filed under Articles 226 and 227 of the Constitution of India praying to direct the R-2 to consider the request of the petitioner for change of her name from “Srilakshmi V”, to “Ritanya V”, as forwarded through her School “Sri Aravindo Memorial School”, BSK II Stage vide Annexure – F.
This petition coming on for Preliminary Hearing this day, the Court made the following:
ORDER The learned Additional Government Advocate accepts notice for the respondents.
The petitioner has sought for a direction to the second respondent to consider the request of the petitioner for change of her name from Srilakshmi V. to Ritanya V. as forwarded through her school Sri. Aravindo Memorial School, BSK II stage, Bengaluru.
2. This petition is filed by the petitioner Srilakshmi V. represented by her natural guardian – father Sri. Vivekananda B.
3. The petitioner is studying in 8th standard at Sri. Aravindo Memorial School, BSK II stage, Bengaluru. In the birth certificate the name of the child was not shown. It is submitted that during the course of her studies, the petitioner intended to change her name from Srilakshmi V. to Ritanya V. and the father of the petitioner has also sworn to an affidavit on 30.04.2018 to declare that petitioner intends to change her name as aforesaid. It transpires that the petitioner through her father has also given paper publication in Kannada daily news paper `Kannada Prabha’ and English daily newspaper `Indian Express’ to the said effect. However, respondent No.2 – Block Education Officer has not considered the request of the petitioner forwarded to him for change of name as aforesaid. Hence, this writ petition.
4. It appears, based on the Circular dated 26.10.2015 Block Education Officer has not proceeded to consider the request of the petitioner for change of name in the absence of the Aadhar Card/Ration Card placed on record. It is not in dispute that there is no provision which enables the authority to reject effecting change in the name of the child who is studying in 8th standard. If the parents/student decide to change the name and they followed the requisite procedure after notifying the public and on filing an affidavit, the same may be considered and incorporated by the respondent authorities, without insisting for the Aadhar Card/Ration Card, subject to production of certificate relating to the date of birth issued by any competent authority. The respondent – Authorities can not insist the petitioner to obtain a decree from the competent Civil Court for change of name before the 10th standard marks card is issued by the Board or the authority concerned.
5. Hence, the writ petition deserves to be allowed directing the respondent No.2 – Block Education Officer to consider the request of the petitioner for change of her name as sought for. The compliance of this order shall be made by the second respondent in an expedite manner.
With the aforesaid observations and directions, writ petition stands disposed of.
Sd/- JUDGE mgn/-