Kerala High Court

WP(C)/38248/2008 of KUMARI JYOTHILEKSHMI S. Vs STATE OF KERALA AND OTHERS on 30 December 2008

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HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR TUESDAY, THE 30TH DECEMBER 2008 / 9TH POUSHA 1930 WP(C).No. 38248 of 2008(C) -------------------------- PETITIONER(S): --------------- KUMARI S. JYOTHILEKSHMI (MINOR), REPRESENTED BY NEXT FRIEND, FATHER

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT :

THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR TUESDAY, THE 30TH DECEMBER 2008 / 9TH POUSHA 1930 WP(C).No. 38248 of 2008(C)

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

PETITIONER(S):

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

KUMARI S. JYOTHILEKSHMI (MINOR),

REPRESENTED BY NEXT FRIEND, FATHER SOBHANKUMAR, S/O. GOVINDA PANIKKER, KANICHERILKIZHKKETHI, PATTOR P.O.,PADANILAYAM, NOORANADU.

BY ADV. SRI.PHILIP M.VARUGHESE

SRI.V.AJITH KUMAR

RESPONDENT(S):

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

1. THE STATE OF KERALA, REP. BY THE

SECRETARY, GENERAL EDUCATION, GOVERNMENT OF

KERALA, THIRUVANANTHAPURAM.

2. THE ORGANIZING COMMITTEE FOR THE 21 ST

ALAPPUZHA REVENUE DISTRICT SCHOOL KALOLSAV

2008-09 REPRESENTED BY ITS GENERAL CONVENER, DEO ALAPPUZHA.

3. THE APPELLATE COMMITTEE 21ST

ALAPPUZHA REVENUE DISTRICT SCHOOL,

KALOLSAVAM 2008-09, REPRESENTED BY ITS

CHAIRMEN, THE DEPUTY DIRECTOR OF EDUCATION.

4. THE ORGANISING COMMITTEE FOR KERALA

STATE SCHOOL KALOLSAVAM 2008-09,

REP. BY THE CONVENER, ORGANISING COMMITTEE, THIRUVANANTHAPURAM.

5. THE DIRECTOR OF PUBLIC

INSTRUCTIONS, THIRUVANANTHAPURAM.

GOVERNMENT PLEADER, SMT.M.MEERA

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION

ON 30/12/2008, THE COURT ON THE SAME DAY DELIVERED THE

FOLLOWING:

T.R. Ramachandran Nair, J.

~~~~~~~~~~~~~~~~~~~~~~~~~~~

~~~~~~~~~~~~~~~~~~~~~~~~~~~

Dated this the 30[th] day of December, 2008.

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J U D G M E N T

The petitioner is a student of Std.X in T.M.V.M.H.S, Vettiyar inAlappuzha District. She participated in two items namely, Kerala Nadanam andMohiniyattam in the District Kalotsavam. The main grievance raised againstthe announcement of the result is that inspite of a better performance by thepetitioner she was not given first prize. It is stated that in Ext.P2 the appellateauthority has not considered the matter elaborately and the decision is a non-speaking one.

2. Heard the learned Government Pleader who appeared for therespondents. It is submitted that in Mohiniyattam the petitioner was placedfourth and no appeal was filed and, in Kerala Nadanam she was placed thirdand there is a difference of nine marks. I do not think that the bald allegationsraised by the petitioner in grounds 'A' and 'C' would be sufficient to interfere inthe matter. The petitioner has not raised any bias and mala fides is not seenalleged also. Moreover, the winner of the competition is not made a party in thewrit petition. I do not find any merit in the writ petition. The same is thereforedismissed. No costs.

(T.R. Ramachandran Nair, Judge.)

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