- 1 - HC-KAR NC: 2025:KHC:40151 WP No. 22075 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR WRIT PETITION NO. 22075 OF 2025 (EDN-RES) BETWEEN: KAVERI V D/O VEMPATI CHINNA KASAIAH, AGED ABOUT 15 YEARS, R/A NO.10, K.R.GARDEN, OPPOSITE NATARAJA LAYOUT, J.P.NAGAR, 7TH PHASE, BENGALURU - 560 078. SINCE MINOR REPRESENTED BY HER NATURAL GUARDIAN / FATHER VEMPATI CHINNA KASAIAH S/O KASAIAH, AGED ABOUT 42 YEARS, R/A NO.10, K.R.GARDEN, OPPOSITE NATARAJA LAYOUT, J.P.NAGAR, 7TH PHASE, BENGALURU - 560 078. …PETITIONER (BY SRI. K. VIJAYA KUMAR, ADVOCATE) AND: 1. BLOCK EDUCATION OFFICER BENGALURU SOUTH ZONE-3 B.T.M.LAYOUT, BENGALURU - 560 029. 2. TINY ANGLES ENGLISH PRIMARY SCHOOL, NO.132/2, 24TH MAIN, S.K.VENKATA SWAMY RAJU LAYOUT, SARAKKI KERE, J.P.NAGAR, 6TH PHASE, BENGALURU - 560 078. REPRESENTED BY ITS HEAD MASTER. Digitally signed by CHANDANA B M Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:40151 WP No. 22075 of 2025 3. ROYAL PUBLIC SCHOOL, NO.132/2, 24TH MAIN, SARAKKI KERE, J.P.NAGAR, 6TH PHASE, BENGALURU - 560 078. REP. BY HEAD MASTER. 4. STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY DEPARTMENT OF PRIMARY EDUCATION M.S.BUILDING, BENGALURU - 560 001. 5. KARNATAKA SCHOOL EXAMINATION AND ASSESSMENT BOARD 6TH CROSS, MALLESHWARAM BENGALURU - 560 003. REPRESENTED BY ITS DIRECTOR. …RESPONDENTS (BY SRI. K. MANJUNATH, HCGP FOR R-1, R-4 & R-5; R-2 & R-3 ARE SERVED & UNREPRESENTED) THIS W.P IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUITON OF INDIA PRAYING TO QUASH / SET ASIDE THE IMPUGNED ENDORSEMENT DATED 18.12.2024 ISSUED BY THE R-1 VIDE BEARING NO.A2 / AMENDMENT / 232 / 2024-25 (ANNX-A). THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR ORAL ORDER In this petition, petitioner seeking the following reliefs: "a) Grant a writ of certiorari or any other writ, order or direction to quash / set aside the impugned endorsement dated 18.12.2024 issued by the 1st respondent vide bearing No.A2/Amendment/232/2024-25 (Annexure-A); b) Direct the respondent No.1 to effect necessary correction in the school records of petitioner, by recording the father's name as Vempati Chinna Kasaiah in place of - 3 - HC-KAR NC: 2025:KHC:40151 WP No. 22075 of 2025 V.Keshavulu, in all educational records; by allowing this writ petition. c) Pass any other appropriate order as this Hon'ble Court deems fit in the facts and circumstances of the case, in the interest of justice." 2. Heard learned counsel for the petitioner and learned HCCP for respondent Nos.1, 4 and 5 and perused the material on record. Respondent Nos.2 and 3 having been served with notice of the petition have chosen to remain unrepresented and have not contested the petition. 3. A perusal of the material on record will indicate that the petitioner joined respondent No.2 – Tiny Angles English Primary School on 19.11.2009 for Class-I and studied in the said School upto Class-VIII, subsequent to which, petitioner joined respondent No.3 – Royal Public School for Class – IX and is currently studying in Class – X in the respondent No.3 –School. It is the specific contention of the petitioner that though his father's name is actually ‘Vempati Chinna Kasaiah’ as indicated in the Birth Certificate, Aadhar Card and other public documents, due to oversight and inadvertence, the petitioner had erroneously given the name of his father as ‘V. Keshavalu’ in the school records of respondent No.2 - 4 - HC-KAR NC: 2025:KHC:40151 WP No. 22075 of 2025 School as well as the school records of respondent No.3 – School. It is contented that in view of petitioner’s representation, the respondent No.2 vide its letter dated 10.12.2024 addressed to respondent No.1 sought correction of petitioner’s father's name from ‘V. Keshavalu’ to ‘Vempati Chinna Kasaiah’, pursuant to which, respondent No.1 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, petitioner placed reliance upon the judgment of the 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, 4 and 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 Birth Certificate, Aadhar Card, Pan Card, Bank pass book, etc., will clearly indicate that the name of the petitioner's father is actually - 5 - HC-KAR NC: 2025:KHC:40151 WP No. 22075 of 2025 ‘Vempati Chinna Kasaiah’ and not ‘V. Keshavalu’ as erroneously / incorrectly entered at the time of the petitioner’s securing admission to respondent No.2 – School for Class – I and to respondent No.3 – school for Class No.IX, which was reflected in the school records. In fact, a perusal of the letter at Annexure – J dated 10.12.2024 will clearly indicate that the 2nd respondent's school themselves acknowledged the fact that the petitioner's father's name was wrongly entered in their records as V. Keshavalu and requested the 1st respondent – BEO to carry out necessary corrections in the records maintained by respondent Nos.1, 4 and 5. 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 father is actually ‘Vempati Chinna Kasaiah’ and not ‘V. Keshavalu’ which has been erroneously / incorrectly entered in the school records of respondent Nos.2 and 3 by the petitioner at the time of obtaining admission. 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 - 6 - HC-KAR NC: 2025:KHC:40151 WP No. 22075 of 2025 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 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 - 7 - HC-KAR NC: 2025:KHC:40151 WP No. 22075 of 2025 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 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 the 1st respondent 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 father, which was actually ‘Vempati Chinna Kasaiah’ and not - 8 - HC-KAR NC: 2025:KHC:40151 WP No. 22075 of 2025 ‘V. Keshavalu’ 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 the 1st respondent at Annexure – A dated 18.12.2024 deserves to be quashed and necessary directions are to be issued to respondent Nos. 1, 3 and 5. 8. In the result, I pass the following: ORDER (i) The petition is hereby allowed. (ii) The impugned endorsement at Annexure – A dated 18.12.2024 issued by respondent No.1 is hereby quashed. (iii) It is hereby declared that the name of the petitioner's father is ‘Vempati Chinna Kasaiah’ and not ‘V. Keshavalu’. (iv) The concerned respondent Nos. 1, 4 and 5 are directed to make necessary corrections in the school records of the petitioner, by recording the name of the petitioner's father as ‘Vempati Chinna Kasaiah’ instead of - 9 - HC-KAR NC: 2025:KHC:40151 WP No. 22075 of 2025 ‘V. Keshavalu’ within a period of two weeks from the date of receipt of a copy of this order. Sd/- (S.R.KRISHNA KUMAR) JUDGE SV List No.: 1 Sl No.: 44