- 1 - HC-KAR NC: 2025:KHC:46854 WP No. 33702 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR WRIT PETITION NO. 33702 OF 2025 (EDN-RES) BETWEEN: MINCHU D/O KESHVAMURTHY C AGE ABOUT 24 YEARS R/A "MINCHU SHREE NILAYA" VASAVI COLONY, BHADRAVATHI TALUK SHIVAMOGGA - 577 301. …PETITIONER (BY SRI. B.V. SHRAVAN BHARADWAJ, ADVOCATE) AND: 1. THE STATE OF KARNATAKA DEPARTMENT OF SCHOOL EDUCATION AND LITERACY, 2ND GATE, 6TH FLOOR M.S. BUILDING, DR. AMBEDKAR VEEDHI BENGALURU - 01 REPRESENTED BY ITS PRINCIPAL SECRETARY. 2. KARNATAKA SCHOOL EXAMINATION AND ASSESSMENT BOARD 6TH CROSS ROAD, MALLESHWARAM BANGALORE - 560 003, REPRESENTED BY ITS SECRETARY. Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:46854 WP No. 33702 of 2025 3. KARNATAKA SECONDARY EDUCATION EXAMINATION BOARD, 6TH CROSS, MALLESHWARAM BANGALORE - 560 003, REPRESENTED BY ITS SECRETARY. 4. THE DEPUTY DIRECTOR OF PUBLIC INSTRUCTION (DDPI), SHIVAMOGGA DISTRICT, SHIVAMOGGA - 577 201. 5. THE BLOCK EDUCATION OFFICER (BEO) BHADRAVATHI TALUK, SHIVAMOGGA - 577 301. 6. ST. CHARLES HIGH SCHOOL NEW TOWN BHADRAVATHI - 577 301, REPRESENTED BY ITS PRINCIPAL. …RESPONDENTS (BY SRI. MANJUNATH K., HCGP FOR R1 TO R5) THIS WP IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECTING THE RESPONDENT AUTHORITIES TO CHANGE AND RECORD THE PETITIONERS NAME FROM SPOORTHY K.M TO MINCHU IN THE SSLC MARKS CARD BEARING REGISTER NO. 20170695873 ISSUED FOR THE EXAMINATION HELD IN APRIL 2017, BY CONSIDERING THE REPRESENTATION DATED 27.10.2025 AS PER ANNEXURE-A AND A1 AND ALSO IN THE TRANSFER CERTIFICATE ISSUED BY THE RESPONDENT-SCHOOL, IN ACCORDANCE WITH THE REVISED BIRTH CERTIFICATE DATED 16.09.2015 AS PER ANNEXURE-C AND THE ORDER PASSED BY THE RESPONDENT- - 3 - HC-KAR NC: 2025:KHC:46854 WP No. 33702 of 2025 BLOCK EDUCATION OFFICER DATED 20.06.2017 AS PER ANNEXURE-L. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR ORAL ORDER In this petition, the petitioner seeks the following reliefs: "i) Issue a writ of mandamus or any other appropriate writ, order, or direction, directing the respondent authorities to change and record the petitioner's name from "SPOORTHY K. M" to "MINCHU" in the SSLC marks card bearing Register No. 20170695873 issued for the examination held in April 2017, by considering the representation dated 27.10.2025 as per ANNEXURE-A & A1 and also in the Transfer Certificate issued by the respondent-school, in accordance with the revised Birth Certificate dated 16.09.2015 as per ANNEXURE-C and the order passed by the respondent-Block Education Officer dated 20.06.2017 as per ANNEXURE-L. ii. Grant such other and further reliefs as this Hon'ble Curt deems fit in the facts and circumstances of the case, in the interest of justice and equity." - 4 - HC-KAR NC: 2025:KHC:46854 WP No. 33702 of 2025 2. Heard learned counsel for the petitioner, learned HCCP for respondent Nos.1 to 5 and perused the material on record. 3. A perusal of the material on record will indicate that the petitioner's daughter joined respondent No.6 – St. Charles High School for Class-I and studied in the said School upto Class-X. It is the specific contention of the petitioner that though the petitioner's daughter name is actually ‘Minchu’ as indicated in the revised Birth Certificate, Aadhar Card and other public documents, due to oversight and inadvertence, the petitioner had erroneously given his daughter name as ‘Spoorthy K.M.’ in the school records of respondent No.6 - School. It is contented that in view of petitioner’s representation, the respondent No.5 vide its letter dated 21.07.2016 addressed to respondent No.4 sought correction of petitioner’s daughter name from ‘Spoorthy K.M.’ to ‘Minchu’, pursuant to which, respondent No.5 has issued the impugned endorsement directing the petitioner to approach the competent Civil Court thereby rejecting the request of the petitioner, who is before this Court by way of the present petition. In support of his contention, the petitioner placed reliance upon the judgment of the - 5 - HC-KAR NC: 2025:KHC:46854 WP No. 33702 of 2025 Apex Court in the case of Jigya Yadav (minor)(Through Guardian / Father Hari Singh) Vs. C.B.S.E. (Central Board of Secondary Education) and others – AIR 2021 SC 4775. 4. Per contra, learned HCGP for respondent Nos.1 to 5 would support the impugned endorsement and submit that there is no merit in the petition and that the same is liable to be dismissed. 5. A perusal of the material on record comprising of the revised Birth Certificate, Aadhar Card, etc., will clearly indicate that the name of the petitioner's daughter name is actually ‘Minchu’ and not ‘Spoorthy K.M.’ as erroneously / incorrectly entered at the time of the petitioner’s daughter securing admission to respondent No.6 – School for Class – I, which was reflected in the school records. In fact, a perusal of the letter at Annexure – L dated 20.06.2017 will clearly indicate that while obtaining admission to respondent No.6 school, the petitioner in the school records has wrongly entered the name of his daughter as Spoorthy K.M. and requested respondent No.5 – BEO to carry out necessary corrections in the records maintained by respondent Nos.1, 2, 3, 4 and 5. - 6 - HC-KAR NC: 2025:KHC:46854 WP No. 33702 of 2025 6. The cumulative effect of the aforesaid facts and circumstances and the undisputed public documents of impeccable and sterling quality, is sufficient to come to the conclusion that the name of the petitioner's daughter name is actually ‘Minchu’ and not ‘Spoorthy K.M.’ which has been erroneously / incorrectly entered in the school records of respondent No.6 by the petitioner at the time of obtaining admission of his daughter. In the case of Jigya, the Apex Court at para 171 has held as under: 171. As regards request for “change” of particulars in the certificate issued by the CBSE, it presupposes that the particulars intended to be recorded in the CBSE certificate are not consistent with the school records. Such a request could be made in two different situations. The first is on the basis of public documents like birth certificate, Aadhaar card, election card, etc. and to incorporate change in the CBSE certificate consistent therewith. The second possibility is when the request for change is due to the acquired name by choice at a later point of time. That change need not be backed by public documents pertaining to the candidate. (a) Reverting to the first category, as noted earlier, there is a legal presumption in relation to the public documents as envisaged in the 1872 Act. Such public documents, therefore, cannot be ignored by the CBSE. Taking note of those documents, the CBSE may entertain the request for recording change in the certificate issued by it. This, however, need not be unconditional, but subject to - 7 - HC-KAR NC: 2025:KHC:46854 WP No. 33702 of 2025 certain reasonable conditions to be fulfilled by the applicant as may be prescribed by the CBSE, such as, of furnishing sworn affidavit containing declaration and to indemnify the CBSE and upon payment of prescribed fees in lieu of administrative expenses. The CBSE may also insist for issuing public notice and publication in the Official Gazette before recording the change in the fresh certificate to be issued by it upon surrender/return of the original certificate (or duplicate original certificate, as the case may be) by the applicant. The fresh certificate may contain disclaimer and caption/annotation against the original entry (except in respect of change of name effected in exercise of right to be forgotten) indicating the date on which change has been recorded and the basis thereof. In other words, the fresh certificate may retain original particulars while recording the change along with caption/annotation referred to above (except in respect of change of name effected in exercise of right to be forgotten). (b) However, in the latter situation where the change is to be effected on the basis of new acquired name without any supporting school record or public document, that request may be entertained upon insisting for prior permission/declaration by a court of law in that regard and publication in the Official Gazette including surrender/return of original certificate (or duplicate original certificate, as the case may be) issued by CBSE and upon payment of prescribed fees. The fresh certificate as in other situations referred to above, retain the original entry (except in respect of change of name effected in exercise of right to be forgotten) and to - 8 - HC-KAR NC: 2025:KHC:46854 WP No. 33702 of 2025 insert caption/annotation indicating the date on which it has been recorded and other details including disclaimer of CBSE. This is so because the CBSE is not required to adjudicate nor has the mechanism to verify the correctness of the claim of the applicant." 7. In view of the aforesaid facts and circumstances, I am of the considered opinion that respondent No.5 clearly fell in error in failing to appreciate that there was absolutely no dispute whatsoever as to the actual name of the of the petitioner's daughter, which was actually ‘Minchu’ and not ‘Spoorthy K.M.’ and consequently, the question of the petitioner being directed to approach the competent Civil Court by filing a suit and obtaining a declaration would not arise in the facts and circumstances of the instant case and as such, the impugned endorsement issued by respondent No.5 at Annexure – J dated 14.09.2016 deserves to be quashed and necessary directions are to be issued to respondent Nos. 1, 2, 3, 4 and 5. 8. In the result, I pass the following: ORDER (i) The petition is hereby allowed. - 9 - HC-KAR NC: 2025:KHC:46854 WP No. 33702 of 2025 (ii) The impugned endorsement at Annexure – J dated 14.09.2016 issued by respondent No.5 is hereby quashed. (iii) It is hereby declared that the name of the petitioner's daughter is ‘Minchu’ and not ‘Spoorthy K.M.’. (iv) The concerned respondent Nos. 1, 2, 3, 4 and 5 are directed to make necessary corrections in the school records of the petitioner's daughter, by recording the name of the petitioner's daughter as ‘Minchu’ instead of ‘Spoorthy K.M.’ within a period of two weeks from the date of receipt of a copy of this order. Sd/- (S.R.KRISHNA KUMAR) JUDGE SJK List No.: 1 Sl No.: 4