Kerala High Court
WP(C)/42534/2022 of VAIKHARI M. (MINOR) Vs STATE OF KERALA on 30 December 2022
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. 42534 OF 2022 PETITIONER: VAIKHARI M. (MINOR), REPRESENTED BY HER MOTHER AND GUARDIAN SMT.VARSHA MD, AGED 41 YRS, RESIDING AT VIPENCHIKE, POOCHAKKAD PO,
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
FRIDAY, THE 30[TH] DAY OF DECEMBER 2022 / 9TH POUSHA, 1944
WP(C) NO. 42534 OF 2022
PETITIONER:
VAIKHARI M. (MINOR),
REPRESENTED BY HER MOTHER AND GUARDIAN SMT.VARSHA MD,AGED 41 YRS, RESIDING AT VIPENCHIKE, POOCHAKKAD PO, KEEKAN, KASARGOD DISTRICT 688526, (TEAM LEADER OF OPPANA HSS).
BY ADV C.R.REKHESH SHARMA
RESPONDENTS:
1STATE OF KERALA, REPRESENTED BY SECRETARY TO THE GOVERNMENT, DEPARTMENT OF GENERAL EDUCATION, SECRETARIAT, THIRUVANANTHAPURAM - 01. GOVERNMENT, DEPARTMENT OF GENERAL EDUCATION, SECRETARIAT, THIRUVANANTHAPURAM - 01.
2DEPUTY DIRECTOR OF EDUCATION,
KASARGOD REVENUE DISTRICT, GENERAL CONVENOR & CHAIRMAN DISTRICT LEVEL APPEAL COMMITTEE CHAYOTH, KASARGOD DISTRICT 671314.
3GENERAL CONVENOR OF PROGRAMME COMMITTEE,61ST KERALA STATE SCHOOL KALOTSAVAM 2022 - 2023, (ADDL DIRECTOR OF PUBLIC INSTRUCTIONS) JAGATHI, THIRUVANANTHAPURAM, 695014.61ST KERALA STATE SCHOOL KALOTSAVAM 2022 - 2023, (ADDL DIRECTOR OF PUBLIC INSTRUCTIONS) JAGATHI, THIRUVANANTHAPURAM, 695014.
BY ADV.SRI.V.S.SREEJITH, GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
30.12.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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JUDGMENT
Dated this the 30[th] day of December, 2022
The petitioner participated in 'Oppana' competition in the Revenue District School Kalolsavam of Kasaragod District.
The petitioner has scored three marks less than the teamwhich obtained the 1[st] prize. Therefore, the petitioner and herteam members are not in a position to participate in the StateYouth Festival.
2. The petitioner states that she has filed Ext.P3
appeal and the Appeal Committee has passed Ext.P4 order.The Appeal Committee has not applied its mind and thefactual allegations made were not properly considered.
3. The petitioner's allegation is that the mat laid down in the stage, has affected the performance of Oppana by the petitioner. The Appeal Committee, however, wronglyassumed that the allegation of the petitioner is that there ischange of stage which has affected the competition.
WP(C) NO. 42534 OF 2022
4. I have heard the learned counsel for the petitioner and the learned Government Pleader representing therespondents.
5. The allegation of the petitioner is that the stage infrastructure was not proper, which has resulted in petitionerlosing the 1[st] prize. This Court has considered the issue ofinsufficiency of infrastructure in School Kalolsavam inWP(C)No.40794/2022 and connected cases and has heldthat these are matters which require factual adjudication, forwhich, this Court is not competent under Article 226 of theConstitution of India. Therefore, no interference can be madeby this Court.
In view of the above, the writ petition is dismissed.
Sd/-
N.NAGARESH JUDGE
APPENDIX OF WP(C) 42534/2022
PETITIONER EXHIBITS
EXHIBIT P1THE TRUE COPY OF THE CERTIFICATE OF THE PETITIONER IN REVENUE DISTRICT KALOTSAVAM.
EXHIBIT P2THE TRUE EXCERPTS OF THE JUDGING CRITERIA OF OPPANA, MENTIONED IN THE KALOTSAVAM MANUAL.CRITERIA OF OPPANA, MENTIONED IN THE KALOTSAVAM MANUAL.
EXHIBIT P3
THE TRUE COPY OF THE APPEAL SUBMITTED
BY THE PETITIONER.
EXHIBIT P4THE TRUE COPY OF THE ORDER REJECTING THE APPEAL OF THE PETITIONERS DATED 09.12.2022.THE APPEAL OF THE PETITIONERS DATED 09.12.2022.
EXHIBIT P5THE TRUE COPY OF THE ORDER OF THE HON'BLE LOK AYUKTA IN COMPLAINT NO.265/2022 ON 16.12.2022.HON'BLE LOK AYUKTA IN COMPLAINT NO.265/2022 ON 16.12.2022.
RESPONDENT'S/S EXHIBITS: NIL.
//TRUE COPY//
P.A. TO JUDGE