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High Court of Andhra Pradesh · body

2025 DAILYLAW 6864 (AP)

Chimalamari. Venkata Krishna Lakshmi Narasimha Prasad, v. The state of Andhra Pradesh,

WP/3749/2025 · 2025-04-04

Gannamaneni Ramakrishna Prasad

body2025

Judgment text

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. IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATL{J^^i5^< (Special Original Jurisdiction) FRIDAY, THE FOURTH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HON’BLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD WRIT PETITION NO: 3749 OF 2025 o O V o. Between: Chimalamari Venkata Krishna Lakshmi Narasimha Prasad, S/o. C. Uma Maheswara Rao, Age 46 years, Occ. Private Employee, Resident of G3 Payani Homes, Tekkemitta, Saraswathi Nagar, Nellore -524003 SPSR Nellore District. ...Petitioner AND 1. The state of Andhra Pradesh, Rep.by its Principal Secretary, School Education Department Secretariat, Velagapudi, Amaravati, Guntur District. 2. The Secretary, Board of Secondary Education, Beside Sarpanch Hiqh School, Opposite Andhra Hospitals, Gollapudi, Vijayawada. 3. The District Educational Officer, SPSR Nellore District, Nellore. 4. The Mandal Educational Officer, Kandukur Tahasildhar campus Kandukurtown and Municipality, SPSR Nellore District. ^ SPSR'^Nellore ofst^t*^^ School, Kandukur Town and Municipality, Botlaguduri Sesha Giri, Resident of anH ^ovuru Road, Kandukur Town and Municipality SPSR Nellore District, A.P. ...Respondents Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a writ, order or direction more particularly one in the nature of WRIT OF MANDAMUS to declare the inaction of the respondents in not considering the legal notice dated 31.12.2024 issued by the petitioner for taking necessary steps to change the name of my daughter in the school records as per the Passport and Date of Birth Certificate where it is Mentioned as Hamsini Cheemalammari and to issue the hall ticket for X Class Examination with the correct name where my daughter studying in Jhe 5th respondent school, Kandukur which is highly illegal, arbitrary without flowing due process of law, and in violation to the principles of natural justice and consequently to direct the respondents to consider the legal notice dated 31.12.2024 for change of my daughter name in the 5**^ respondent School records as per the Passport and Date of Birth certificate. X- lA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the respondents to change my daughter name as Hamsini Chemalammari in the 5*'^ respondent school records and issue X Class hall ticket as per the Passport and Date of Birth certificate, pending disposal of the main Writ Petition. Counsel for the Petitioner: SRI CH NAGENDRA SARMA Counsel for the Respondents 1 to 4: GP FOR SCHOOL EDUCATION Counsel for the Respondent No.5: SRI DEVAVARUPU RAM BABU Counsel for the Respondent No.6: SRI P. YUGANDHAR REDDY FOR M/s BUGULU SREE TEJA The Court made the following ORDER: i APHC010066142025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3328] FRIDAY, THE FOURTH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD WRIT PETITION NO: 3749/2025 Between: 1.CHIMALAMARI. VENKATA PRASAD,, S/O. 0. UMA MAHESWARA RAO, AGE 46 YEARS, OCC. PRIVATE EMPLOYEE, RESIDENT OF G3 PAVANI HOMES, TEKKEMITTA, SARASWATHI NAGAR, NELLORE -524003, SPSR NELLORE DISTRICT. KRISHNA LAKSHMI NARASIMHA ...PETITIONER AND ANDHRA PRADESH, REP.BY ITS PRINCIPAL SCHOOL 1.THE STATE OF SECRETARY SECRETARIAT, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. DEPARTMENT EDUCATION SECRETARY, BOARD OF SECONDARY EDUCATION, BESIDE OPPOSITE ANDHRA HOSPITALS, 2.THE SARPANCH HIGH SCHOOL GOLLAPUDI, VIJAYAWADA. SPSR NELLORE DISTRICT EDUCATIONAL OFFICER DISTRICT, NELLORE. MANDAL EDUCATIONAL OFFICER, KANDUKUR TAHASILDHAR KANDUKURTOWN AND MUNICIPALITY, SPSR NELLORE 3.THE 4.THE CAMPUS, district. 5 Jl_l£ principal, NARAYANA high school, KANDUKUR TOWN AND MUNICIPALITY, SPSR NELLORE DISTRICT. 6.BOTLAGUDURU SAI NAGA SRAVANI, D/O. BOTLAGUDURI SESHA RESIDENT OF NEAR SAI BABA TEMPLE 8TH CROSS ROAD, GIRI 2 KOVURU ROAD, KANDUKUR TOWN AND MUNICIPALITY SPSR NELLORE DISTRICT. AP. ...RESPONDENT(S): Counsel for the Petitioner: 1.CH NAGENDRA SARMA Counsel for the Respondent(S): TRAM BABU DEVAVARAPU 2.BUGULU SREETEJA 3.GP FOR SCHOOL EDUCATION The Court made the following: ORAL ORDER: Heard Sri Ch. Nagendra Sarma, learned Counsel for the Writ Petitioner and Smt. Puppala Lakshmi, learned Assistant Government Pleader for Education for Respondent Nos.1 to 4, Sri Devavarapu Ram Babu, learned Counsel for the Respondent No.5 and Sri P. Yugandhar Reddy, learned Counsel appearing on behalf of Sri Bugulu Sree Teja, learned Counsel for the Respondent No.6. The present Writ Petition is filed with the following prayer: 2. "...pleased to issue a writ, order or direction more particularly one in the nature of Writ of Mandamus to declare the inaction of the respondents in not considering the legal notice dated 31.12.2024 issued by the petitioner for taking necessary steps to change the name of my daughter in the school records as per the Passport and Date of Birth Certificate where it is Mentioned as ‘Hamsini Cheemalammari’ and to issue the hall ticket for X Class Examination with the correct name where my daughter studying in the 5 respondent school, Kandukur which is highly illegal, arbitrary without flowing due process of law, and in violation to the principles of natural justice and consequently to direct the respondents to consider the legal notice dated 31.12.2024 for change of my th 3 4 the 5th respondent School records daughter name in per the Passport and Date of Birth Certificate. as would indicate that the Writ Petitioner and the wife and husband and have The facts in this case 3. Respondent No.6 have lived in United States as begeted a girl child by name Hamsini Cheemalamarri’, who was born in the United States on 16.06.2010. She has been issued ‘Certificate of Date of (Ex.P.6). She has also been issued Passport by the No.473821918. On account of differences, the Birth’ in the U.S.A Government of USA bearing and Respondent No.6 have obtained the Judicial Decree of Writ Petitioner Divorce by the Senior Civil Judge, Kandukur in H.M.O.P.No.82 of 2015 dated 17.03.2016 (Ex.P.7). The girl child (Hamsini Cheemalamarri) continued to live with her mother and pursue her studies at Kandukur. At the time of admission, the mother (Respondent No.6) has registered ‘Cheemalamarri Lakshmi Hamsini’. The 4. the name of the child in the school as girl child has studied from class 1 to V in Sri Chaitanya Upper Primary School, Kandukur (Sri Chaitanya UP School, Kandukur) from the academic year 2015- 2019-2020. Thereafter, she got admitted in namely, the Narayana High School, Kandukur and she has the school run by 2016 to Respondent No.5 appeared in the the class examination which got concluded by the end of March 2025. 5. The father of the girl child has filed the present Writ Petition seeking to child to ‘Hamsini Cheemalamarri’, as the said Birth Certificate’ issued by the Government of USA roll back the name of the girl name appears in the (Ex.P.6). The Writ Petitioner who is the father of the girl child apprehends that if the Board of Secondary Education in the State of Andhra Pradesh, would issue Class Marks Certificate according to the school record, eventually, the girl child may have a problem in returning back to US as a citizen of United States, inasmuch as the US Authorities may not recognise the child with the changed name as ‘Cheemalamarri Lakshmi Hamsini. Yugandhar Reddy, learned Counsel appearing on behalf of Sri learned Counsel for the Respondent No.6, namely Smt. 6. Sri P. Bugulu Sree Teja 4 Botlaguduru Sai Naga Sravani, on Instructions, would submit that the said Respondent who is the mother of the child is also in agreement with the Petitioner that the name of the child should be rolled back to ‘Hamsini Cheemalamarri’. Sri Devavarapu Ram Babu, learned Counsel for the Respondent No.5, would submit that the name of the child cannot be changed in the school record unless the name of the child in the Aadhar card is corrected. The Mother of the child obtained Aadhar card in the name of the child as ‘Cheemalamarri Lakshmi Hamsini’. 7. 8. Having regard to the facts of this case, it is imperative that this Court shall act in the best interest of the girl child - ‘Hamsini Cheemalamarri’ by invoking the plenary power of the Court under the ‘parens pafr/ae’jurisdiction. In this view of the matter, this Court has called upon Sri Pasala Ponna Rao, learned Deputy Solicitor Generalof India and had informed that he is required to inform the Aadhar Authorities that the name of the child in the Aadhar will have to be amended well before the class results are published in order to ensure that the X*^ Class Certificate issued by the Secondary Board by the State of Andhra Pradesh will contain the correct name of the child as ‘Hamsini Cheemalamarri’. 9. In this view of the matter, there shall be a direction to the Aadhar Authorities to change the name of ‘Cheemalamarri Lakshmi Hamsini’ as ‘Hamsini Cheemalamarri’ in Aadhar Card No.253466019962 (Ex.P.4) within a period of one week from today. 10. Since it is stated that the child is now residing with her mother at Kandukur in Prakasam District, there shall be a direction to the Aadhar Authority at Vijayawada (main office) to attend to the request of the mother Smt. Botlaguduru Sai Naga Sravani (Respondent No.6). The mother shall take the child on any date between 08.04.2025 to 15.04.2025. Sri Pasala Ponna Rao, learned Deputy Solicitor General of India, who is present in the Court, is also directed to inform the concerned Authority about 11. 12. 5 * the directions given by this Court to ensure that the name of the child is changed and a fresh Aadhar Card is issued and handed-over to the mother of the child. 13. The Aadhar Authorities at Vijayawada (main office) are directed to handover the Aadhar card within another four working days personally to the Respondent No.6, namely, Smt. Botlaguduru Sai Naga Sravani, who is the mother of the child. Upon receipt of the Aadhar card, the Writ Petitioner, who is the father of the child, undertakes to make necessary Applications to the Board of Secondary Education, State of Andhra Pradesh (Respondent No.2). Upon making such Application, the Board of Secondary Education, State of Andhra Pradesh (Respondent No.2) shall ensure that the X*^ Class Certificate be issued in the name of the child as occurring in the new Aadhar card i.e. ‘HAMSINI CHEEMALAMARRI’. The Principal of Narayana High School (Respondent No.5) is also directed to render necessary assistance by issuing such documents certificates as required by the Board of Secondary Education, State of Andhra Pradesh (Respondent No.2) for this purpose as expeditiously as possible. With these observations and directions, this Writ Petition stands allowed. No order as to costs. 14. , as 15. or 16. Interlocutory Applications, if any, stand closed in tepms of this order. Sd/- K. SRINIVASA RAJU ASSISTANT REGISTRAR 17. //TRUE COPY// To, sectWofficer Education Department, State of Andhra Pradesh. Secretariat. Velagapudi. Amaravati. Guntur District. ^f^;:f*3ry, Board of Secondary Education, Beside Sarpanch High School, Opposite Andhra Hospitals, Gollapudi, Vijayawada^ ^ 3. The District Educational Officer, SPSR Nellore District, Nellore. 4. The Mandal Educational Officer, Kandukur Tahasildhar Kandukurtown and Municipality. SPSR Nellore District. Narayana High School. Kandukur Town SPSR Nel ore District. 6. One CC to Sri Ch Nagendra Sarma, Advocate [OPUC] 7. One CC to Sri Devavarupu Ram Babu, Advocate [OPUC] / 8. One CC to Sri Bugulu Sree Teja, Advocate [OPUC] [OUT?^® School Education, High Court of Andhra Pradesh. 10. Two CD Copies campus. and Municipality, RAM HIGH COURT DATED:04/04/2025 I 08 APR 2025 ^ . Current Section . ORDER .C9/ WP.No.3749 of 2025 y ALLOWING THE WP WITHOUT COSTS