Kerala High Court

WP(C)/37761/2009 of GAURI NANDANA Vs DIRECTOR OF PUBLIC INSTRUCTIONS on 30 December 2009

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HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN WEDNESDAY, THE 30TH DECEMBER 2009 / 9TH POUSHA 1931 WP(C).No. 37761 of 2009(M) -------------------------- PETITIONER: --------------- GAURI NANDANA (MINOR ,AGED 12 YEARS) 6TH STANDARD STUDENT, MOUNT CARMEL GIRLS

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT :

THE HONOURABLE MR. JUSTICE S.SIRI JAGAN

WEDNESDAY, THE 30TH DECEMBER 2009 / 9TH POUSHA 1931

WP(C).No. 37761 of 2009(M)

--------------------------

PETITIONER:

---------------

GAURI NANDANA (MINOR ,AGED 12 YEARS)

6TH STANDARD STUDENT, MOUNT CARMEL GIRLS HIGHER

SECONDARY SCHOOL, KOTTAYAM, REPRESENTED BY HER

FATHER, V.M.PRADEEP, AGED 37 YEARS,

S/O.V.C.MADHAVAN, VELLARAYIL HOUSE,

SOUTH PAMBADY, KOTTAYAM DISTRICT.

BY ADV. SRI.NAGARAJ NARAYANAN

SRI.SAIJO HASSAN

SRI.A.S.SABU

RESPONDENTS:

---------------

1. DIRECTOR OF PUBLIC INSTRUCTIONS

TRIVANDRUM.

2. STATE OF KERALA, REPRESENTED BY THE

SECRETARY TO GOVERNMENT, GENERAL EDUCATION

DEPARTMENT, GOVERNMENT SECRETARIAT, TRIVANDRUM.

3. THE CONVENER

SUB DISTRICT YOUTH FESTIVAL

KOTTAYAM EAST PRINCIPAL M.T.HIGHER SECONDARY

SCHOOL, KOTTAYAM.

4. THE DISTRICT EDUCATIONAL OFFICER,

KOTTAYAM.

5. THE GENERAL CONVENER

REVENUE DISTRICT SCHOOL KALOTSAVAM 2009-2010

KOTTAYAM PRINCIPAL, ST.THOMAS HIGHER SECONDARY

SCHOOL, PALA.

BY GOVT. PLEADER SRI.P.N.SANTHOSH

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION

ON 30/12/2009, THE COURT ON THE SAME DAY DELIVERED THE

FOLLOWING:

-----------------------------

W.P.(C) No.37761 of 2009-M

------------------------------

Dated this the 30[th] day of December, 2009.

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J U D G M E N T

The petitioner participated in the sub district level competitions formono act in the School Kalotsavam for this year. Dissatisfied with theresults of the competition, the petitioner filed an appeal which wasrejected by Ext.P5. The petitioner is challenging Ext.P5 seeking thefollowing reliefs:

“i)issue a writ of mandamus or any otherappropriate writ, direction or order, directing therespondents to allow the petitioner to participate in theitem Mono act in the Kottayam Revenue District SchoolKalotsavam 2009-2010.

ii)and to issue such other reliefs as thisHonourable Court may deem fit and proper in thecircumstances of this case.”

2. From Ext.P5 it is clear that the only complaint of the petitioner is that the stage in which the petitioner was required toperform was below par. I am not satisfied that this is a ground forinterference under Article 226 of the Constitution of India in so far thathandicap was applicable equally to all the participants including the firstprize winner. That being so, I do not find any merit in the writ petition.Accordingly the same is dismissed.

ab

S.SIRI JAGAN, JUDGE

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