Writ Petition No. 33449 of 2024 · The High Court
Case Details
- 1 - NC: 2025:KHC:9709 WP No. 33449 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR WRIT PETITION NO. 33449 OF 2024 (EDN-RES) …PETITIONER BETWEEN: MS POORAN S., D/O.A.V.BADARI PRASAD, AGED ABOUT 29 YEARS, NO.302, "PRAKRUTHI SIGNATURE" 3RD PHASE, BSK III STAGE, SRINIVASANAGAR LAYOUT, BANGALORE SOUTH TALUK, BANGALORE - 560 050. (BY SRI. GAJENDRA S., ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY ITS PRINCIPAL SECRETARY, VIDHANA SOUDHA, DR. AMBEDKAR VEEDHI, BANGALORE-560 001. 2. THE STATE OF KARNATAKA BY ITS CHIEF SECRETARY, DEPARTMENT OF EDUCATION, VIDHANA SOUDHA, DR. AMBEDKAR VEEDHI, BANGALORE-560 001. 3. THE SECRETARY KARNATAKA SECONDARY EDUCATION, EXAMINATION BOARD, 6TH CROSS ROAD, MALLESWARAM, Digitally signed by AASEEFA PARVEEN Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:9709 WP No. 33449 of 2024 BANGALORE -560 003. 4. 5. CARMEL SCHOOL PUTTALINGAIAH ROAD PADMANABHANAGAR, BANASHANKARI STAGE-II BANAGALORE- 560 070. NATIONAL HIGH SCHOOL SHANKARAPURA, BASAVANAGUDI, BANGALORE- 560 004.
Legal Reasoning
(BY SMT. NAVYA SHEKHAR, AGA FOR R1 AND R2; SRI. SUDHARSHAN, ADVOCATE FOR R3; SRI. K.P. BHUVAN, ADVOCATE FOR R4; R5 IS SERVED BUT UNREPRESENTED) …RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECTING THE RESPONDENTS TO CONSIDER THE PETITIONERS REPRESENTATION DATED 27.08.2024 (DULY SEALED BY 3RD RESPONDENT ON 29.08.2024) AND TO ENTER THE NAME OF THE PETITIONERS FATHER I.E., SRI BADARI PRASAD.A.V IN THE SSLC MARKS CARD OF THE PETITIONER AND TO ISSUE RECTIFIED SSLC MARKS CARD TO THE PETITIONER VIDE ANNEXURE-A. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S.R.KRISHNA KUMAR - 3 - NC: 2025:KHC:9709 WP No. 33449 of 2024 ORAL ORDER In this petition, petitioner seeks the following reliefs: "a. To pass an order of writ, writ of mandamus directing the Respondents to consider the petitioner's representation dated: 27-8-2024 (duly sealed by 3rd respondent on 29-8-2024) and to enter the name of the petitioner's father i.e. Sri.Badari Prasad.A.V in the SSLC Marks Card of the petitioner and to issue rectified SSLC Marks card to the petitioner vide Annexure “A”; b. Grant such other relief/s as this Hon'ble court deems fit to grant in the circumstance of the case." 2. Heard Sri.Gajendra S, learned counsel for the petitioner, Smt.Navya Shekhar, learned AGA for respondent Nos.1 and 2, Sri.Sudharshan, learned counsel for respondent No.3 and Sri.K.P.Bhuvan learned counsel for respondent No.4 and perused the material on record. Though respondent No.5 has been served with notice of the petition, he has chosen to remain unrepresented and has not contested the petition. 3. A perusal of the material on record will indicate that the petitioner completed SSLC from respondent No.3-Karnataka - 4 - NC: 2025:KHC:9709 WP No. 33449 of 2024 Secondary Education Examination Board in the year 2011. It is an undisputed fact that borne out from the material on record that the petitioner initially studied in respondent No.4-Carmel School and completed her SSLC from respondent No.5- National High School. After completion of her SSLC, respondent No.3-Karnataka Secondary Education Examination Board, issued a SSLC Marks card in which only the name of her mother Suchithra.K.S was shown and the name of her father Badari Prasad.A.V in the birth certificate was not filled up/inserted in the relevant column of the SSLC marks card. Under these facts and circumstances, the petitioner submitted a representation at Annexure-H1, dated 28.08.2024 to respondent No.3 calling upon them to rectify the SSLC marks card and insert the name of her father Badari Prasad.A.V in the relevant column in the SSLC marks card and issue a fresh/rectified SSLC marks card in favour of the petitioner showing the name of her father. Since respondent No.3 did not take any steps pursuant to the aforesaid representation, the petitioner is before this Court by way of the present petition. 4. Learned counsel for the petitioner would invite my attention to the material on record including birth certificate, aadhar - 5 - NC: 2025:KHC:9709 WP No. 33449 of 2024 card, II PUC marks card etc., in order to point out that the petitioner is daughter of one Badari Prasad.A.V whose name was inadvertently left out in the relevant column in the SSLC marks card which indicated only the name of petitioner's mother and not the name of the petitioner's father. It is submitted that since the omission of the insertion of the name of the petitioner's father in the SSLC marks card would affect future career, education and future prospects of the petitioner, it is necessary to issue direction to respondent No.3 to carry out necessary correction and insert the name of the petitioner's father in the SSLC marks card and issue a fresh/rectified marks card as expeditiously as possible. 5. Per contra, learned AGA for respondent Nos.1 and 2 and learned counsel for respondent No.3 submit that as per the State Government Circular dated 26.10.2015, before necessary corrections are made in the SSLC Marks card, it would be necessary for the petitioner to swear to an affidavit in this regard and also approach the competent Civil Court. It is submitted that respondent No.3 cannot rectify the entries/contents in the SSLC Marks Card so long as the said documents were not submitted to the School Authorities and it is necessary that the petitioner - 6 - NC: 2025:KHC:9709 WP No. 33449 of 2024 approaches the competent Civil Court and obtain the declaration to the effect that she is the daughter of Badari Prasad.A.V and thereafter, respondent No.3 would take necessary steps to carry out appropriate corrections in the SSLC marks card. It is therefore, submitted that there is no merit in the petition and the same is liable to be dismissed. 6. A perusal of the material on record would indicate that it is an undisputed/established fact that the petitioner is the daughter of Suchithra.K.S and Badri Prasad.A.V as evident from the Aadhaar Card, Birth Certificate, II PUC Marks card etc and other documents. It is no doubt true that the Circular dated 26.10.2015 does not permit respondent No.3 to carry out necessary corrections without the said documents being submitted to the School Authorities; however, in the peculiar and special facts and circumstances of the instant case, in particular, having regard to the long length of time that would take for the petitioner to approach the competent Civil Court and obtain a declaration and thereafter, get name of her father entered/inserted into the SSLC Marks card, I deem it just and appropriate to exercise my jurisdiction under Article 226 of the Constitution of India and direct - 7 - NC: 2025:KHC:9709 WP No. 33449 of 2024 respondent No.3 to rectify the omission/mistake in the SSLC Marks card and insert/include the name of the petitioner's father in the SSLC Marks Card and direct the respondents to issue a fresh/rectified SSLC Marks Card in favour of the petitioner within the stipulated time frame. It is made clear that this order is being passed the special/peculiar facts and circumstances of the instant case having regard to the long length of time that would take for the petitioner to approach the competent Civil Court and the present order shall not be treated as a precedent nor shall carry precedential value for any purpose whatsoever. 7.
Decision
In the result, I pass the following: ORDER (i) The petition is hereby allowed. (ii) Respondent No.3 is directed to rectify the SSLC Marks card of the petitioner, Pooran.S by inserting the name of her father, Badari Prasad.A.V in the SSLC Marks Card and issue a fresh/rectified SSLC Marks Card in favour of the petitioner as expeditiously as possible and within a period of four weeks from the date of receipt of copy of this order. - 8 - NC: 2025:KHC:9709 WP No. 33449 of 2024 (iii) It is made clear that the present order is passed in the peculiar/special facts and circumstances of the instant case and the same shall not treated as a precedent nor shall carry any precedential value for any purpose whatsoever. Sd/- (S.R.KRISHNA KUMAR) JUDGE DS/List No.: 1 Sl No.: 6