Kerala High Court
WP(C)/42339/2022 of ANAKHA SANIL, 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. 42339 OF 2022 PETITIONER: ANAKHA SANIL, AGED 17 YEARS, D/O SANIL BABU G, XII TH STANDARD, TDHSS, THURAVOOR, REPRESENTED BY HER MOTHER AND GUARDIAN BINCY K
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. 42339 OF 2022
PETITIONER:
ANAKHA SANIL, AGED 17 YEARS,
D/O SANIL BABU G, XII TH STANDARD, TDHSS, THURAVOOR, REPRESENTED BY HER MOTHER AND GUARDIAN BINCY K BABU, AGED 44, W/O.SANIL BABU G UTHRAM KALLUPURACKAL, KADAKKARAPPALLY, THYCKAL P.O, CHERTHALA, ALAPPUZHA -688529.
BY ADVS.JAYASREE K.P.JOHN JOSEPH
RESPONDENTS:
1STATE OF KERALA,
REPRESENTED BY SECRETARY TO GOVERNMENT,
GENERAL EDUCATION DEPARTMENT, THIRUVANANTHAPURAM, 695001.THIRUVANANTHAPURAM, 695001.
2THE CHAIRMAN, ORGANISING COMMITTEE STATE SCHOOL KALOLSAVAM, KOZHIKODE- 673001.ORGANISING COMMITTEE STATE SCHOOL KALOLSAVAM, KOZHIKODE- 673001.
3THE DIRECTOR OF PUBLIC INSTRUCTIONS, DPI JUNCTION, THIRUVANANTHAPURAM-695 001.DPI JUNCTION, THIRUVANANTHAPURAM-695 001.
4GENERAL CONVENER, ALAPPUZHA REVENUE DISTRICT SCHOOL KALOLSAVAM, ALAPPUZHA 688 011.KALOLSAVAM, ALAPPUZHA 688 011.
5THE DISTRICT LEVEL APPEAL COMMITTEE,REVENUE DISTRICT SCHOOL KALOLSAVAM-2022-23, ALAPPUZHA, 688 011, REPRESENTED BY ITS CHAIRMAN.REVENUE DISTRICT SCHOOL KALOLSAVAM-2022-23, ALAPPUZHA, 688 011, REPRESENTED BY ITS CHAIRMAN.
BY ADV.SMT.ANIMA, GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
30.12.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
Citations and Judicial Treatment
Cited by
0
Decisions in the index citing it
Cites
0
Decisions referred to
In this index
0
Of the decisions it cites
Overruled / Questioned
0
No negative treatment found
Loading the citing and cited decisions…
This judgment in the centre: on the left the decisions it cites, on the right the decisions citing it. Colour is the treatment; choose a decision to open it.
JUDGMENT
Dated this the 30[th] day of December, 2022
The petitioner was a participant in Group Dance competition in the Alappuzha Revenue District SchoolKalolsavam 2022-23. She has lost 1[st] prize by two marks.
2. The petitioner alleges that a wrong music track was played while the item was performed. The stagearrangement was also not proper. The petitioner haspreferred an appeal pointing out technical defects in theconduct of the competition. However, the Appeal Committeehas rejected the appeal filed by her by Ext.P1 non-speakingorder.
3. I have heard the learned counsel for the petitioner and the learned Government Pleader representing therespondents.
4. This Court has held in the judgment inWP(C)No.40794/2022 and connected cases that the issues WP(C) NO. 42339 OF 2022
-3-
relating to facilities available at competition venue being questions of fact, those issues cannot be adjudicated by thisCourt under Article 226 of the Constitution of India.
5. As regards the appeal preferred by the petitioner, a reading of Ext.P1 Appellate Order dated 07.12.2022 wouldshow that the Appeal Committee has adverted to all theallegations raised by the petitioner in the appeal and hascome to a conclusion that the appeal does not have anymerit. I do not find anything wrong in Ext.P1 Appellate Order.
In view of the above, the writ petition is dismissed.
Sd/-N.NAGARESH JUDGE
APPENDIX OF WP(C) 42339/2022
PETITIONER EXHIBITS
EXHIBIT P1A TRUE COPY OF THE ORDER DATED 07.12.2022 REJECTING THE APPEAL PREFERRED BY THE PETITIONER AND HER TEAM.
EXHIBIT P2A TRUE COPY OF THE RELEVANT PAGE OF MALAYALA MANORAMA DAILY NEWS PAPER DATED 15.01.2010 WHICH EVIDENCES THE SAID ACHIEVEMENT OF PETITIONER'S SCHOOL IN KERALA STATE SCHOOL KALOLSAVAM.
RESPONDENT'S/S EXHIBITS: NIL.
//TRUE COPY//P.A. TO JUDGE