Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC:31940-DB WA No. 294 of 2025 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.
3.
THE DEPUTY DIRECTOR (ADMN) DEPARTMENT OF PUBLIC INSTRUCTION, NO.12, DISPENSARY ROAD, 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) Digitally signed by SHARADAVANI B Location: High Court of Karnataka
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HC-KAR NC: 2025:KHC:31940-DB WA No. 294 of 2025 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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HC-KAR NC: 2025:KHC:31940-DB WA No. 294 of 2025 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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HC-KAR NC: 2025:KHC:31940-DB WA No. 294 of 2025 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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HC-KAR NC: 2025:KHC:31940-DB WA No. 294 of 2025 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 List No.: 1 Sl No.: 51 CT: BHK