Kerala High Court
WP(C)/42952/2022 of DEVA NANDA P.K Vs STATE OF KERALA on 30 December 2022
HIGH 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. 42952 OF 2022 PETITIONER DEVA NANDA P.K AGED 14 YEARS (MINOR), D/O. SANJANA P.K, SHYNI NIVAS, KOYITHATTA TEMPLE, UMMENNCHIRA P.O, KANNUR DISTRICT,
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, 1944WP(C) NO. 42952 OF 2022
PETITIONER
DEVA NANDA P.KAGED 14 YEARS(MINOR), D/O. SANJANA P.K, SHYNI NIVAS, KOYITHATTA TEMPLE, UMMENNCHIRA P.O, KANNUR DISTRICT, REPRESENTEDBY MOTHER AND NATURAL GUARDIAN SANJANA P.K, AGED 47 YEARS, W/O. ANILKUMAR V, SHYNI NIVAS, KOYITHATTA TEMPLE, UMMENNCHIRA P.O, KANNUR DISTRICT., PIN – 670649
BY ADV K.ABOOBACKER SIDHEEQUE
RESPONDENTS
1STATE OF KERALAREPRESENTED BY ITS SECRETARY, GENERAL EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM., PIN – 695001REPRESENTED BY ITS SECRETARY, GENERAL EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM., PIN – 695001
2KERALA SCHOOL KALOLSAVAM 2022-2023 COMMITTEEREPRESENTED BY DIRECTOR OF GENERAL EDUCATION, THIRUVANANTHAPURAM., PIN – 695001REPRESENTED BY DIRECTOR OF GENERAL EDUCATION, THIRUVANANTHAPURAM., PIN – 695001
3THE APPEAL COMMITTEEKANNUR REVENUE DISTRICT SCHOOL KALOLSAVAM 2022-2023, REPRESENTED BY ITS CHAIRMAN, DEPUTY DIRECTOR OF EDUCATION, OFFICE OF THE DEPUTY DIRECTOR OF EDUCATION, KANNUR DISTRICT., PIN – 670002KANNUR REVENUE DISTRICT SCHOOL KALOLSAVAM 2022-2023, REPRESENTED BY ITS CHAIRMAN, DEPUTY DIRECTOR OF EDUCATION, OFFICE OF THE DEPUTY DIRECTOR OF EDUCATION, KANNUR DISTRICT., PIN – 670002
BY ADV. SR.V.S SREEJITH – GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON30.12.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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J U D G M E N T
Dated this the 30[th] day of December, 2022
The petitioner’s team participated in ‘Chavittunadakam’
competition in the School Kalolsavam of Kannur District. Thepetitioner could not secure the first prize.
2. The petitioner states that the stage was not set properly. The carpet was slippery. Inadequate infrastructureeven made one of the participants fall down on stage. It is forthose reasons that the petitioner’s team could not secure thefirst prize. This Court is therefore compellable to passappropriate orders permitting the petitioner’s team toparticipate in the State School Kalolsavam, contends thepetitioner.
3. Heard.
4. This Court in W.P(C) No.40794 of 2022 andconnected cases has considered a similar issue and has heldthat this Court cannot interfere in the conduct of SchoolKalolsavam on the basis of the inadequate infrastructurefacilities as those issues are pure questions of fact.
5. The petitioner would further allege that the appeal preferred by the petitioner has not been properly adverted to.
6. I have perused Ext.P1 order. Ext.P1 order would show that the Appeal Committee has adverted to allallegations raised by the petitioner in the appeal. Thepetitioner’s team scored 5 marks less than the team whichwon the 1[st] prize.
I do not find any reason to set aside Ext.P1 order. Thewrit petition is dismissed.
Sd/-
N. NAGARESH, JUDGE
smm
APPENDIX OF WP(C) 42952/2022
PETITIONER EXHIBITSExhibit-P1
Exhibit-P1A TRUE COPY OF THE ORDER DATED 08.12.2022 BY THE THIRD RESPONDENT.Exhibit-P2A TRUE COPY OF THE NEWS REPORT IN MALAYALA MANORAMA DAILY DATED 27.11.2022.