EVILIN PRISKILARANI vs STATE OF KARNATAKA
- Court
- Karnataka High Court
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IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
TH
DATED THIS THE 17 DAY OF OCTOBER, 2026
BEFORE
THE HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL
WRIT PETITION NO. 204293 OF 2026 (GM-RES)
BETWEEN:
EVILIN PRISKILARANI
D/O DEVINDRAPPA
AGED ABOUT 26 YEARS
OCC: STUDENT
R/O BHUTPUR VILLAGE
BHUTPUR, TALUK SEDAM
KALABURAGI DISTRICT-585222
…PETITIONER
(BY SRI. SAGAR MUDHOL., ADVOCATE)
AND:
1. STATE OF KARNATAKA
REPRESENTED BY ITS PRINCIPAL SECRETARY
DEPARTMENT OF SCHOOL EDUCATION
AND LITERACY, M S BUILDING
BENGALURU-560001
2. THE COMMISSIONER
DEPARTMENT OF SCHOL EDUCTION
NRUPATHUNGA ROAD
BENGALURU-560001
3.
THE DEPUTY DIRECTOR OF PUBLIC INSTRUCTION
DEPARTMENT OF SCHOOL EDUCATION
YADAGIRI DISTRICT
Digitally signed by
SWETA
KULKARNI
Location: HIGH
COURT OF
KARNATAKA
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YADAGIRI-585201
4.
THE BLOCK EDUCATION OFFICER
DEPARTMENT OF SCHOOL EDUCATION
SHAHAPUR, SHAHAPUR TALUK
YADAGIRI DISTRICT-585223
5. THE HEAD MASTER
GOVERNMENT LOWER PRIMARY SCHOOL
HABASIHALA, WADGERA
YADAGIRI DISTRICT-585355
…RESPONDENTS
(BY SRI.MALLIKARJUN SAHUKAR, AGA)
THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF
THE CONSTITUTION OF INDIA, PRAYING TO, I) ISSUE A WRIT
IN THE NATURE OF MANDAMUS, DIRECTING THE RESPONDENT
AUTHORITIES TO CONSIDER AND EFFECT APPROPRIATE
CORRECTIONS IN THE PETITIONER’S SCHOOL RECORDS
MAINTAINED BY RESPONDENT NO.5, BY CORRECTING HER
NAME FROM “EVLAN PRISKILARANI” TO “EVILIN
PRISKILARANI” AND HER PERMANENT RESIDENTIAL ADDRESS
TO BHUTPUR VILLAGE, BHUTPUR, SEDAM TALUK, KALABURAGI
DISTRICT, KARNATAKA-585222, ON THE BASIS OF THE
SUPPORTING DOCUMENTS AND IN ACCORDANCE WITH LAW;
II) IN THE ALTERNATIVE, DIRECT THE COMPETENT
RESPONDENT AUTHORITIES TO RECONSIDER THE
PETITIONER’S APPLICATION DATED 03.09.2026, VIDE
ANNEXURE-J INDEPENDENTLY EXAMINE THE DOCUMENTARY
EVIDENCE AND PASS A REASONED ORDER WITHIN A TIME-
BOUND PERIOD, HAVING REGARD TO THE RECRUITMENT
DEADLINE OF 28.10.2026; III) GRANT LIBERTY TO THE
PETITIONER TO INSTITUTE APPROPRIATE CIVIL PROCEEDINGS
BEFORE THE COMPETENT CIVIL COURT FOR DECLARATION
AND CONSEQUENTIAL RELIEF, IF REQUIRED, AND MAKE ANY
INTERIM ARRANGEMENT SUBJECT TO THE FINAL OUTCOME OF
SUCH PROCEEDINGS; AND IV) PASS SUCH OTHER ORDER OR
DIRECTION AS THIS HONOURABLE COURT MAY DEEM FIT AND
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PROPER IN THE FACTS AND CIRCUMSTANCES OF THE CASE, IN
THE INTERESTS OF JUSTICE AND EQUITY.
THIS PETITION, COMING ON FOR PRELIMINARY
HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL
ORAL ORDER
This petition is filed seeking the following reliefs:
“I) Issue a writ in the nature of
Mandamus , directing the Respondent
authorities to consider and effect appropriate
corrections in the Petitioner’s school records
maintained by Respondent No.5, by correcting
her name from “Evlan Priskilarani” to “Evilin
Priskilarani” and her permanent residential
address to Bhutpur Village, Bhutpur, Sedam
Taluk, Kalaburagi District, Karnataka-585 222,
on the basis of the supporting documents and
in accordance with law;
II) In the alternative, direct the competent
Respondent authorities to reconsider the
Petitioner’s application dated 03.09.2026, vide
Annexure-J independently examine the
documentary evidence and pass a reasoned
order within a time-bound period, having
regard to the recruitment deadline of
28.10.2026;
III) Grant liberty to the Petitioner to
institute appropriate civil proceedings before
the competent civil court for declaration and
consequential relief, if required, and make any
interim arrangement subject to the final
outcome of such proceedings; and
IV) Pass such other order or direction as
this Hon’ble Court may deem fit and proper in
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the facts and circumstances of the case, in the
interests of justice and equity.”
2. Heard Sri.Sagar Mudhol, learned counsel
appearing for the petitioner, Sri.Mallikarjun Sahukar,
learned Additional Government Advocate appearing for the
respondents and meticulously perused the material
available on record.
3. The grievance of the petitioner is that she
submitted a representation to respondent No.5, the Head
Master, Government Lower Primary School, Habasihala,
Wadgera Taluk, Yadgir District seeking to correct her
name in the school records from “EVLAN PRISKILARANI”
to “EVILIN PRISKILARANI”. Respondent No.5 forwarded
the said representation to respondent No.4, the Block
Education Officer, who, in turn, forwarded it to respondent
No.3, the Deputy Director of Public Instruction (DDPI),
Yadgir. Respondent No.3, DDPI, Yadgir issued an
endorsement indicating that such exercise cannot be
carried out and she should approach the Civil Court.
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4. The petitioner has called in question the said
endorsement and also sought a writ in the nature of
mandamus directing the respondents to correct her name
in the school records. The petitioner has pleaded urgency
on the ground that she has completed her B.Sc., B.Ed.
degrees and has applied for appointment to the post of
Teacher invited by the State Government, wherein she is
required to produce a rural certificate to claim the benefit
of reservation. However, the school authorities have
issued the certificate with incorrect name.
5. It is to be noticed that the petitioner is seeking
to correct her name only in the school records pertaining
to Class 1 to Class 3. Later school records placed by the
petitioner at Annexures-A to D clearly indicates the correct
name of the petitioner as Evilin Priskilarani.
6. This Court, considering a similar request made
by a similarly placed candidate in the case of Kaveri V v.
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1
Block Education Officer and Others , observed as
under:
“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
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
1
WP.No.22075/2025 dated 10.10.2025
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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
‘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.
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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 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
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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 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
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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 ‘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.”
7. The learned Single Judge in the aforesaid case
quashed a similar endorsement and issued a writ in the
nature of mandamus to correct the name of the petitioner,
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in view of any objections and dispute with regard to the
name. This Court in the aforesaid decision has also taken a
note of the decision of the Hon'ble Supreme Court in the
case of Jigya Yadav (minor)(Through
Guardian/Father Hari Singh) v. C.B.S.E. (Central
2
Board of Secondary Education) and Others and also
considered the Government Circular and passed the order.
8. Keeping in mind the observations in the
aforesaid decisions, I am of the considered view that there
is no dispute with regard to the fact that the petitioner’s
name has been correctly shown in the school and college
th
records from 4 standard onwards and also considering
the fact that there is no opposition from any of the parties
with regard to the correction of the name of the petitioner
in the school records, it would not be appropriate to direct
the petitioner to file the suit for declaration and get the
name corrected in the school records. Considering the
peculiar facts and circumstances of the case, I am of the
2
(2021) 7 SCC 535
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considered view that, it would be appropriate to direct the
authorities to carry out the necessary corrections in the
school records and by such exercise no prejudice or harm
would be caused to any of the parties. However, the
correction would help the petitioner to keep her school
records in order. Hence, I proceed to pass the following:
ORDER
i. The writ petition is allowed .
ii. The impugned endorsement dated
18.09.2026 at Annexure-M issued by
respondent No.3 is hereby set aside.
iii. A writ of mandamus is issued to
respondent No.3 to forthwith pass orders
for correction of the name of the petitioner
in the school records as sought in the
application. Thereafter, respondent Nos.4
and 5 are directed to carry out the
correction in the petitioner’s school records
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and then issue the Rural Certificate, without
any further delay.
No order as to costs.
Sd/-
(VIJAYKUMAR A. PATIL)
JUDGE
ABK
List No.: 1 Sl No.: 6