Kerala High Court
WP(C)/42488/2022 of HRUTHUL T (MINOR), REP. BY MOTHER RATHIKA T 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. 42488 OF 2022 PETITIONER/S: HRUTHUL T (MINOR), AGED 16 YEARS, REP. BY MOTHER RATHIKA T MAVILAKKANDY HOUSE, IRIVERI P.O., PANERICHAL, KANNUR-670 613. BY
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. 42488 OF 2022
PETITIONER/S:
HRUTHUL T (MINOR), AGED 16 YEARS, REP. BY MOTHER RATHIKA TMAVILAKKANDY HOUSE, IRIVERI P.O., PANERICHAL, KANNUR-670 613.
BY ADVS.S.K.ADHITHYANBHAVYA BINU
RESPONDENT/S:
1STATE OF KERALA,REPRESENTED BY THE SECRETARY, GENERAL EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001REPRESENTED BY THE SECRETARY, GENERAL EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001
2THE DIRECTOR OF GENERAL EDUCATION,OFFICE OF THE DIRECTOR OF GENERAL EDUCATION, DPI JUNCTION, JAGATHY, THIRUVANANTHAPURAM - 695 014OFFICE OF THE DIRECTOR OF GENERAL EDUCATION, DPI JUNCTION, JAGATHY, THIRUVANANTHAPURAM - 695 014
3THE DEPUTY DIRECTOR OF EDUCATION,OFFICE OF THE DEPUTY DIRECTOR OF EDUCATION, PUZHATHI HOUSING COLONY, KANNUR - 670 002OFFICE OF THE DEPUTY DIRECTOR OF EDUCATION, PUZHATHI HOUSING COLONY, KANNUR - 670 002
4THE DISTRICT EDUCATIONAL OFFICER,OFFICE OF THE DISTRICT EDUCATIONAL OFFICER, THAVAKKARA,KANNUR -670 002OFFICE OF THE DISTRICT EDUCATIONAL OFFICER, THAVAKKARA,KANNUR -670 002
BY SRI. 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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JUDGMENT
Dated the 30th day of December 2022
The petitioner is a participant in Folk Dance (Boys)
competition in the District School Kalolsavam, Kannur District.The petitioner lost the first prize by one mark. The petitionersubmits that the stage was not properly laid. The carpet and thecello tape fixed on the floor adversely affected his performance.The petitioner fell down during the performance, due to improperstage arrangement. The Appellate Authority has not consideredthe appeal properly.
2. I have heard the learned Counsel for the petitioner andthe learned Government Pleader.
3. This Court, in the judgment in W.P.(C)No.40794 of 2022and connected cases, has held that this Court cannot interfere inthe conduct of School Kalolsavam on the basis of allegationsmade against the infrastructure provided by the authorities.Those are questions of facts which cannot be adjudicated under
Article 226 of the Constitution of India.
4. As regards the appellate order, I find that the allegations raised by the petitioner under various heads were adverted to bythe Appeal Committee and it was considering all the issuesraised by the petitioner that Ext.P6 order has been passed. I donot find anything wrong in Ext.P6 order.
The writ petition is therefore dismissed.
Sd/-
N.NAGARESH JUDGE
uu
30.12.2022
APPENDIX OF WP(C) 42488/2022
PETITIONER EXHIBITSExhibit P1TRUE COPY OF THE RELEVANT PAGES OF THE KERALA SCHOOL KALOLSAVAM MANUAL ISSUED BY THE 1ST RESPONDENTExhibit P2TRUE COPY OF THE PHOTOGRAPH SERIES SHOWCASING THE PERFORMANCE OF THE PETITIONER IN DISTRICT SCHOOL KALOLSAVAM, KANNUR DISTRICT IN THE EVENT'NADODI NIRTHAM'(BOYS).
Exhibit P3TRUE COPY OF THE CERTIFICATE OF THE KANNUR REVENUE DISTRICT 'KERALA SCHOOL KALOLSAVAM 2017-18' BY THE PETITIONER.Exhibit P4TRUE COPY OF THE CERTIFICATE OF THE KANNUR REVENUE DISTRICT 'KERALA SCHOOL KALOLSAVAM 2018-19' ISSUED BY THE GOVERNMENT OF KERALA TO THE PETITIONER.Exhibit P5TRUE COPY OF THE CERTIFICATE OF KANNUR REVENUE DISTRICT KERALA SCHOOL KALOLSAVAM, BY THE PETITIONER.Exhibit P6TRUE COPY OF THE APPEAL ORDER OF THE PETITIONER DATED 06/12/2022