Kerala High Court
WP(C)/42985/2022 of AL AMEEN S.N Vs THE GENERAL CONVENER 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. 42985 OF 2022 PETITIONERS: 1 AL AMEEN S.N, AGED 16 (MINOR), REPRESENTED BY HIS FATHER AND GUARDIAN MR SALIM, RESIDING AT THAIVILAYIL, MULLAKKERY, PANMANA,
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. 42985 OF 2022
PETITIONERS:
1AL AMEEN S.N, AGED 16 (MINOR),
REPRESENTED BY HIS FATHER AND GUARDIAN MR SALIM, RESIDING AT THAIVILAYIL, MULLAKKERY, PANMANA, KOLLAM, KERALA, 691583.RESIDING AT THAIVILAYIL, MULLAKKERY, PANMANA, KOLLAM, KERALA, 691583.
2MUHAMMAD FAROOQ N (MINOR), AGED 17,
REPRESENTED BY GUARDIAN, S/O NIZAMUDEEN, RESIDING AT THANNIKKACOTTA KARUNAGAPPALLY, KOLLAM, KERALA, 691583.RESIDING AT THANNIKKACOTTA KARUNAGAPPALLY, KOLLAM, KERALA, 691583.
3AFSAL A, (MINOR), AGED 16, REPRESENTED BY GUARDIAN, S/O ABDUL SALAM RESIDING AT PANCHERIL PADEETTATHIL, MAVELI, PANMANA KOLLAM, KERALA, 691583.
4THOUFEEK HUSSAIN M, (MINOR) AGED 17, REPRESENTED BY GUARDIAN, S/O MUHAMMED HUSSAIN, RESIDING AT PULLUVANTAYYATHU, MULLAKKERI, PANMANA, KOLLAM, KERALA-691583.REPRESENTED BY GUARDIAN, S/O MUHAMMED HUSSAIN, RESIDING AT PULLUVANTAYYATHU, MULLAKKERI, PANMANA, KOLLAM, KERALA-691583.
5MIDHUN S (MINOR) AGED 16,REPRESENTED BY GUARDIAN, S/O SABU, RESIDING AT VADAKKUMTHALA PO, KARUNAGAPALLY KOLLAM, KERALA 691584.REPRESENTED BY GUARDIAN, S/O SABU, RESIDING AT VADAKKUMTHALA PO, KARUNAGAPALLY KOLLAM, KERALA 691584.
6ASLAM A, (MINOR), AGED 17, REPRESENTED BY GUARDIAN C/O ABDUL SALAM M, RESIDING AT KOICKAL, MADAPPALLY, KOLLAM, KERALA, 691583.C/O ABDUL SALAM M, RESIDING AT KOICKAL, MADAPPALLY, KOLLAM, KERALA, 691583.
7MUHAMMED MUBARAK M, (MINOR) AGED 16, REPRESENTED BY GUARDIAN S/O MUHAMMED KUNJU, RESIDING AT KAKKORAYYATH, VADAKKUMTHALA EAST PO KARUNAGAPALLY, KERALA, 690536.AGED 16, REPRESENTED BY GUARDIAN S/O MUHAMMED KUNJU, RESIDING AT KAKKORAYYATH, VADAKKUMTHALA EAST PO KARUNAGAPALLY, KERALA, 690536.
8MUHAMMED SHAFI S (MINOR), AGED 16, REPRESENTED BY GUARDIAN S/O SHJAHAN, OOPPENVILA THEKKATHIL, GUARDIAN S/O SHJAHAN, OOPPENVILA THEKKATHIL, VADAKKUMTHALA EAST PO, KARUNAGAPALLY, KERALA, 690536.
9SHEHEER S, (MINOR), AGED 16, REPRESENTED BY GUARDIAN, S/O SHAMEER, RESIDING AT VILANNOOR KIZHAKKATHIL, VADAKKUMTHALA EAST PO, KARUNAGAPALLY, KERALA, 690536.S/O SHAMEER, RESIDING AT VILANNOOR KIZHAKKATHIL, VADAKKUMTHALA EAST PO, KARUNAGAPALLY, KERALA, 690536.
10MUHAMMED ASLAM A, (MINOR) AGED 17, REPRESENTED BY GUARDIAN, C/O ABDUL SAMAD M, RESIDING AT KOLASSERIL, VADAKKUMTHALA EAST PO KARUNAGAPALLY, KERALA, 690536.REPRESENTED BY GUARDIAN, C/O ABDUL SAMAD M, RESIDING AT KOLASSERIL, VADAKKUMTHALA EAST PO KARUNAGAPALLY, KERALA, 690536.
11AL AMEEN M, (MINOR) AGED 16,
REPRESENTED BY GUARDIAN, S/O ABDUL MAJEED, RESIDING AT KOTTAYADI, THEKKATHIL PADIJTAKARA PO THEVALLAKARA, KOLLAM 690524.RESIDING AT KOTTAYADI, THEKKATHIL PADIJTAKARA PO THEVALLAKARA, KOLLAM 690524.
12ADIL RISAN S (MINOR), AGED 17, REPRESENTED BY GUARDIAN, S/O SIDHIQUE K, RESIDING AT KOCHUMANGALATHU, VADAKUMTALA, EAST PO, KOLLAM 690524.REPRESENTED BY GUARDIAN, S/O SIDHIQUE K, RESIDING AT KOCHUMANGALATHU, VADAKUMTALA, EAST PO, KOLLAM 690524.
BY ADVS.R.BINDUSILPA S.VISHNU VIJAYAN
RESPONDENTS:
1THE GENERAL CONVENER,
OFFICE OF THE DEPUTY DIRECTOR OF EDUCATION, KOLLAM, GOVT BHSS CAMPUS, THEVALLY PO, KOLLAM, 691009.KOLLAM, GOVT BHSS CAMPUS, THEVALLY PO, KOLLAM, 691009.
KOLLAM, GOVT BHSS CAMPUS, THEVALLY PO,
2THE CHAIRMAN, APPEAL COMMITTEE, OFFICE OF THE DEPUTY DIRECTOR OF EDUCATION, KOLLAM 691010.OFFICE OF THE DEPUTY DIRECTOR OF EDUCATION, KOLLAM 691010.
3THE GENERAL CONVENER, PROGRAM COMMITTEE, OFFICE OF THE DEPUTY DIRECTOR OF EDUCATION, KOLLAM 691010.PROGRAM COMMITTEE, OFFICE OF THE DEPUTY DIRECTOR OF EDUCATION, KOLLAM 691010.
BY ADV.SMT.ANIMA, GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FORADMISSION ON 30.12.2022, THE COURT ON THE SAME DAYDELIVERED THE FOLLOWING:
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JUDGMENT
Dated this the 30[th] day of December, 2022
The petitioners 1 to 12 were participants in the Kolkali(Boys) (HSS General) competition in the Kollam DistrictSchool Kalolsavam 2022-23.
2. The petitioners state that they were, in fact, ranked second with A Grade in their performance. By a technicalerror, they were shown as Rank No.3. Due to this technicalglitch, the petitioners lost their opportunity of filing an appealbefore the Appellate Authority.
3. I have heard the learned counsel for the petitioners and the learned Government Pleader representing therespondents.
4. The allegation of the petitioners is that it is due togross negligent in technical side by the respondents that thepetitioners were not able to file appeal and therefore, they losttheir chance to compete at the State Level.
WP(C) NO. 42985 OF 2022
5. A perusal of the writ petition does not disclose any materials whatsoever to establish that the petitioners lostopportunity of filing the appeal, due to any fault of therespondents.
6. Under the circumstances of the case, I find noreason to interfere with the School Kalolsavam competitions.
The writ petition is therefore dismissed.
akv
Sd/-N.NAGARESH JUDGE
APPENDIX OF WP(C) 42985/2022
PETITIONER EXHIBITS
EXHIBIT P1TRUE COPY OF THE WEBSITE RESULT OF THEPETITIONERS.
EXHIBIT P2
TRUE COPY OF THE COMPLAINT FILED BY THE PETITIONERS TO THE 1ST RESPONDENT.
EXHIBIT P3TRUE COPY OF THE REPLY BY 1ST RESPONDENT NO. C2/4272/2022 DATED 13.12.2022.
RESPONDENT'S/S EXHIBITS: NIL.
//TRUE COPY//P.A. TO JUDGE