Kerala High Court
WP(C)/38149/2008 of B.HILARI Vs STATE OF KERALA on 26 December 2008
HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC FRIDAY, THE 26TH DECEMBER 2008 / 5TH POUSHA 1930 WP(C).No. 38149 of 2008(N) -------------------------- PETITIONER(S): --------------- 1. HILARI, S/O. BABUJI, AGED 14, KAVUMPURATHU HOUSE, MEZHULI P.O.,
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT :
THE HONOURABLE MR. JUSTICE ANTONY DOMINIC
FRIDAY, THE 26TH DECEMBER 2008 / 5TH POUSHA 1930
WP(C).No. 38149 of 2008(N)
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PETITIONER(S):
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1. HILARI, S/O. BABUJI, AGED 14, KAVUMPURATHU HOUSE, MEZHULI P.O., PATHANMTHITTA DISTRICT.
(MINOR REPRESENTED BY K.V. BABUJI(FATHER )K.V.BABUJI, AGED 43, S/O.VASUKUTTY (LATE)KAVUMPURATHU HOUSE, NEYVELI P.O.,PATHANAMTHITTA
BY ADV. SRI.SUNIL NAIR PALAKKAT
SMT.R.LEELA
RESPONDENT(S):
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1. STATE OF KERALA REPRESENTED BY THE SECRETARY , DEPARTEMNT OF GENERAL EDUCATION,THIRUVANANTHAPURAM.\
2.THE DIRECTOR,DEPARTMENT OF PUBLIC INSTRUCTIONS,THIRUVANANTHAPURAM.
3.THE GENERAL CONVENER,PATHANAMTHITTA REVENUE DISTRICT KERALA SCHOOL KALOLSAVAM,THE DEPUTY DIRECTOR OF EDUCATION,THIRUVALLA, PATHANAMTHITTA DISTRICT
BY GOVT. PLEADER SRI. SANDESH RAJA
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION 26/12/2008 , THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
ANTONY DOMINIC,J.
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W.P.(C).No.38149/2008
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Dated this the 26[th] day of December, 2008.
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JUDGMENT
Petitioner's team has participated in Chendamelam in theRevenue District Level Youth Festival, Pathanamthitta RevenueDistrict held on 16.12.2008. The team was awarded B-Grade andaggrieved by the same an appeal was filed to the 3[rd] respondent.Petitioner submits that the 3[rd] respondent has not disposed of theappeal so far, although in terms of the bye laws, the appeal ought tohave been decided within 5 days. It is contended that the delay in thedisposal of the appeal is deliberate and is intended to prevent thepetitioner's team from participating in the State level Youth Festival.
2. The Government Pleader has obtained instructions and hasproduced the proceedings dated 22.12.2008 issued by the Chairmanof the Appeal Committee rejecting the appeal filed by the petitioner.In view of the aforesaid proceedings, the case of the petitionerregarding the pendency of the appeal is only to be rejected. Thatapart, it is also seen that while the first prize winner has secured 233marks, the petitioner's team has secured only 187 marks. Apart from WP(c).No.38149/2008
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that it is also stated that both the judges and the Appeal Committee were unanimous in their decisions.
In view of all these, I do not find any merit in the writpetition.
Writ Petition fails and is dismissed.
(ANTONY DOMINIC)
JUDGE
WP(c).No.38149/2008