Kerala High Court

WP(C)/42886/2022 of NIRAJAN B KARAN Vs THE GENERAL CONVENER on 30 December 2022

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COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE N.NAGARESH FRIDAY, THE 30TH DAY OF DECEMBER 2022 / 9TH POUSHA, 1944 WP(C) NO. 42886 OF 2022 PETITIONERS: 1 NIRAJAN B KARAN AGED 16 (MINOR), REPRESENTED BY HIS FATHER AND GUARDIAN MR BINU K, RESIDING AT NEERAJANAM, THODIOOR PO,

IN THE HIGH COURT OF KERALA AT ERNAKULAMPRESENT

THE HONOURABLE MR.JUSTICE N.NAGARESHFRIDAY, THE 30[TH] DAY OF DECEMBER 2022 / 9TH POUSHA, 1944WP(C) NO. 42886 OF 2022

PETITIONERS:

1NIRAJAN B KARANAGED 16 (MINOR), REPRESENTED BY HIS FATHER AND GUARDIAN MR BINU K, RESIDING AT NEERAJANAM, THODIOOR PO, KOLLAM, KERALA - 6905232MUHAMMED ASHIQ S, (MINOR) AGED 15, REPRESENTED BY GUARDIAN, S/O SHIHABUDEEN, RESIDING AT MANCHILAYYATH, PULIYURVANCHI SOUTH, EDAKULANGARA, THODIOOR PO, KOLLAM, KERALA - 6905233RIHAN MOHAMMED, (MINOR) AGED 14, REPRESENTED BY GUARDIAN, S/O MUHAMMED NAUPHAL, RESIDING AT NAZEEM MANZIL, KALLELIBAGAM PO, KOLLAM, KERALA - 6905194MUHAMMED AFSAL N, (MINOR) AGED 14, REPRESENTED BY GUARDIAN, S/O NAJEEM, RESIDING AT THACHAYILKIZHAKKATHIL, THODIOOR PO, KOLLAM, KERALA - 6905235MUHAMMED ADIL N (MINOR) AGED 16, REPRESENTED BY GUARDIAN, S/O NAVAS, RESIDING AT E DARUL NOOR, PADA NORTH, KARUNAGAPALLY, KOLLAM, KERALA - 6905186ADILSHA S,(MINOR) AGED 14, REPRESENTED BY GUARDIAN, S/O SHANI S, RESIDING AT PUTHAN VEETIL, MYNAGAPALLI NORTH, KOLLAM, KERALA - 690519.7MUHAMMED ADIL S,(MINOR) AGED 14, REPRESENTED BY GUARDIAN, S/O SHAHEER H, RESIDING AT AFSAL MANZIL, KALLELIBAGAM PO, KOLLAM, KERALA - 6905198JASEEL S(MINOR) AGED 13, REPRESENTED BY GUARDIAN, S/O SHARAFUDEEN KUNJU J, RESIDING AT THARAYIL PUTHAN VEEDU, MYNAGAPALLI NORTH, KOLLAM, KERALA - 6905199ADERSH S,(MINOR) AGED 12, REPRESENTED BY GUARDIAN, S/O SATHEESH P, RESIDING AT SATHEESH BHAVANAM, KOZHIKODE, KOLLAM, KERALA - 690573.

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10ABDUL AHAD (MINOR) AGED 16, REPRESENTED BY GUARDIAN, S/O SHAMEER, HAFIS MANZIL, THAMALLACKAL, HARIPAD, KUMARAPURAM, ALAPPUZHA, 690548BY ADVS.SILPA S.R.BINDUVISHNU VIJAYAN

RESPONDENTS:

1THE GENERAL CONVENEROFFICE OF THE DEPUTY DIRECTOR OF EDUCATION, KOLLAM, GOVT BHSS CAMPUS, THEVALLY PO, KOLLAM - 691009.2THE CHAIRMAN,APPEAL COMMITTEE, OFFICE OF THE DEPUTY DIRECTOR OF EDUCATION, KOLLAM - 691010 .3THE GENERAL CONVENER, PROGRAM COMMITTEE, OFFICE OF THE DEPUTY DIRECTOR OF EDUCATION, KOLLAM - 691010.BY ADV SRI.V.S.SREEJITH - GPTHIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSIONON 30.12.2022, THE COURT ON THE SAME DAY DELIVERED THEFOLLOWING:

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J U D G M E N T

Dated this the 30[th] day of December, 2022

The petitioners 1 to 10 participated in 'Vattapattu' (Boys)

competition in the District School Kalolsavam of Kollam District.The petitioners could not secure first prize and therefore they arenot in a position to participate in the State School Kalolsavam.

2. The petitioners state that the difference in marks betweenthe first prize winning team and the petitioners is only three marks.There is no reason for the Judging Committee not to give first prizeto the petitioners. It is the last chance for the petitioners toparticipate in the State School Kalolsavam. Therefore, unlessurgent interim and final orders are passed, the petitioners will beput to undue hardship and loss.

3. Heard the learned counsel for the petitioners and thelearned Government Pleader representing the respondents.Admittedly the petitioners scored three marks less than thewinning team. Only one team from a District can participate in theState School Kalolsavam. The petitioners have not alleged or W.P.(C)No.42886 of 2022

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proved any serious irregularity or illegality in award of marks.

In view of the above, the writ petition fails and is dismissed.

Sd/- N. NAGARESH JUDGE

anm

APPENDIX OF WP(C) 42886/2022

PETITIONERS' EXHIBITSExhibit P1TRUE COPY OF THE WEBSITE RESULT OF THE PETITIONERS.Exhibit P2TRUE COPY OF THE APPEAL RECEIPT NO.98 DATED 1.12.2022.Exhibit P3TRUE COPY OF THE ORDER NO.C2/4272/2022 (98) DATED 8.12.2022 BY THE 2ND RESPONDENT.

RESPONDENTS' EXHIBITS : NIL

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