Kerala High Court
WP(C)/42937/2022 of SHIVANANDHA N Vs THE DIRECTOR OF PUBLIC EDUCATION 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. 42937 OF 2022 PETITIONERS: SHIVANANDHA N AGED 16 YEARS D/O DIVYA N, NANDIYATH HOUSE, PATHIPALA P O, MOKERI, KANNUR DISTRICT, THALASSERY - 670691, MINOR
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. 42937 OF 2022
PETITIONERS:
SHIVANANDHA N
AGED 16 YEARSD/O DIVYA N, NANDIYATH HOUSE, PATHIPALA P O, MOKERI, KANNUR DISTRICT, THALASSERY - 670691, MINOR REPRESENTED BY HER MOTHER AND NATURAL GUARDIAN DIVYA N, W/O VINOD, AGED 45 YEARS, NANDIYATH HOUSE, PATHIPALAM P.O.MOKERI, KANNUR DISTRICT, THALASSERY – 670691.
BY ADVS.N.K.KARNISLATHEESH SEBASTIAN
RESPONDENTS:
1THE DIRECTOR OF PUBLIC EDUCATIONJAGATHY, THIRUVANANTHAPURAM - 695014.JAGATHY, THIRUVANANTHAPURAM - 695014.
2THE GENERAL CONVENER,KERALA SCHOOL YOUTH FESTIVAL 2022 – 2023,KOZHIKODE - 673001.KERALA SCHOOL YOUTH FESTIVAL 2022 – 2023,KOZHIKODE - 673001.
3THE CONVENER,PROGRAM COMMITTEE, KERALA SCHOOL YOUTH FESTIVAL 2022- 2023, KOZHIKODE -673001.PROGRAM COMMITTEE, KERALA SCHOOL YOUTH FESTIVAL 2022- 2023, KOZHIKODE -673001.
4THE DEPUTY DIRECTOR OF EDUCATION,OFFICE OF DEPUTY DIRECTOR OF EDUCATION, KANNUR – 670001.OFFICE OF DEPUTY DIRECTOR OF EDUCATION, KANNUR – 670001.
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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JUDGMENT
Dated this the 30[th] day of December, 2022
The petitioner participated in the “HSS-Nangiyar Koothu”
competition in the District Level School Youth Festival ofKannur District. The petitioner lost the first prize by threemarks.
2. The petitioner states that the mat was not properly laid on the stage, which adversely affected the petitioner’sperformance. The respondents ought to provided properinfrastructure for all competitors.
3. Heard.
4. This Court has held in the judgment in W.P.(C)No.40794 of 2022 and connected cases that in exercise of thepowers under Article 226 of the Constitution of India, this WP(C) No.42937 of 2022
Court cannot assess and adjudicate as to the sufficiency of the infrastructure availability in the competition. It is a matter falling within the province of factual adjudication.
For the above reason, the writ petition is dismissed.
Sd/-
N.NAGARESHJUDGE
WP(C) No.42937 of 2022
APPENDIX OF WP(C) 42937/2022
PETITIONER EXHIBITSExhibit P1
TRUE COPY OF THE ORDER OF THE 4THRESPONDENT DATED 08.12.2022 BEARINGNO. E3/7062/2022.