Kerala High Court
WP(C)/41927/2022 of AMALA K.S. 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. 41927 OF 2022 PETITIONER: AMALA K.S. D/O SANAL FERNANDUS, KUNJATHUM PARAMBIL HOUSE, PAYOD, NALLOORNAD POST, MANANTHAWADI, WAYANAD DISTRICT, PIN –
IN THE HIGH COURT OF KERALA AT ERNAKULAMPRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
FRIDAY, THE 30[TH] DAY OF DECEMBER 2022 / 9TH POUSHA, 1944WP(C) NO. 41927 OF 2022
PETITIONER:
AMALA K.S.D/O SANAL FERNANDUS, KUNJATHUM PARAMBIL HOUSE, PAYOD, NALLOORNAD POST, MANANTHAWADI, WAYANAD DISTRICT, PIN – 670645REPRESENTED BY GUARDIAN-FATHER SANAL FERNANDUS, S/O FERNANDUS, KUNJATHUM PARAMBIL HOUSE, PAYOD, NALLOORNAD POST, MANANTHAWADI, WAYANAD DISTRICT.BY ADV P.T.SHEEJISH
RESPONDENTS:
1STATE OF KERALAREPRESENTED BY SECRETARY, GENERAL EDUCATION DEPARTMENT, GOVERNMENT OF KERALA, SECRETARIAT, THIRUVANANTHAPURAM - 695 001.2THE GENERAL CONVENER, (DEPUTY DIRECTOR OF EDUCATION), WAYANAD REVENUE DISTRICT SCHOOL YOUTH FESTIVAL 2022-2023 OFFICE OF THE DEPUTY DIRECTOR OF EDUCATION, KALPETTA, KALPETTA NORTH P.O, WAYANAD DISTRICT, PIN - 673 122.3THE GENERAL CONVENER, (ADDITIONAL DIRECTOR OF PUBLIC INSTRUCTIONS) 61ST KERALA STATE SCHOOL YOUTH FESTIVAL PROGRAMME COMMITTEE OFFICE, THIRUVANANTHAPURAM - 695 001.4THE DEPUTY DIRECTOR OF EDUCATION,WAYANAD, OFFICE OF THE DEPUTY DIRECTOR OF EDUCATION, KALPETTA, KALPETTA NORTH P.O, WAYANAD DISTRICT, PIN - 673 122.5APPEAL COMMITTEE,REPRESENTED BY IT'S CHAIRMAN, WAYANAD DISTRICT KALOLSAVAM, YEAR 2022-2023 REVENUE DISTRICT, KOZHIKODE, PIN - 673 122.BY ADV SMT.ANIMA - GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSIONON 30.12.2022, THE COURT ON THE SAME DAY DELIVERED THEFOLLOWING:
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J U D G M E N T
Dated this the 30[th] day of December, 2022
The petitioner participated in 'Kuchupudi' (Girls) competitionin the District School Kalolsavam of Wayanad Revenue District.The petitioner lost first prize.
2. The petitioner states that she lost the first prize because of the improper arrangement of stage and improper laying of carpetover the stage. The other teams had no such disadvantage.
3. Heard.
4. This Court in the judgment in W.P.(C).No.40794 of 2022has held that this Court cannot interfere in the award of marks inSchool Yuvajanotsavam based on the infrastructuralarrangements, which will be factual adjudication impermissibleunder Article 226 of the Constitution of India.
5. The petitioner preferred an Appeal before the AppealCommittee. By Ext.P4 order passed by the Appeal Committee, theCommittee found that there is a difference of 13 marks betweenthe first prize winner and the petitioner. The Appeal Committee W.P.(C)No.41927 of 2022
: 3 :
adverted to the allegations of the petitioner and arrived at Ext.P4
decision. I do not find anything wrong in Ext.P4 decision and the petitioner has not made any ground to interfere.
The writ petition fails and it is dismissed.
Sd/-
N. NAGARESH JUDGE
anm
APPENDIX OF WP(C) 41927/2022
PETITIONER EXHIBITSExhibit P1TRUE COPY OF THE CERTIFICATE OF MERIT WITH A GRADE AWARDED TO THE PETITIONER INTHE MANANTHAVADY SUB DISTRICT SCHOOL KALOLSAVM.Exhibit P2TRUE COPY OF THE CERTIFICATE OF ACHIEVEMENT WITH A GRADE AWARDED TO THE PETITIONER IN THE WAYANAD DISTRICT KALOLSAVAM 2022-2023.Exhibit P3TRUE COPY OF THE SCORE SHEETS ALONG WITH THE TABULATION SHEET FOR THE KUCHUPUDI (GIRLS) EVENT IN THE WAYANAD DISTRICT KALOLSAVAM 2022-2023.Exhibit P4TRUE COPY OF THE ORDER PASSED BY THE APPELLATE AUTHORITY.
RESPONDENTS' EXHIBITS : NIL