Kerala High Court
WP(C)/42678/2022 of MILAN K JOY Vs THE DIRECTOR OF 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. 42678 OF 2022 PETITIONER/S: MILAN K JOY, AGED 18 YEARS SON OF JOY, KARINGOTH KARMEL BHAVAN, VADAVATHOOR P.O, KALATHIPADY, KOTTAYAM DISTRICT KERALA, PIN -
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. 42678 OF 2022
PETITIONER/S:
MILAN K JOY, AGED 18 YEARSSON OF JOY, KARINGOTH KARMEL BHAVAN,VADAVATHOOR P.O, KALATHIPADY, KOTTAYAM DISTRICT KERALA, PIN - 686010BY ADVS.LUKE J CHIRAYILM.G.SREEJITHP.JAYAELSA MARY THOMASAMAL JOSEBIBAS C. BABUROJIN DEVASSYJOSEPH MARVEL NORONHA
RESPONDENT/S:
1THE DIRECTOR OF EDUCATIONOFFICE OF THE DIRECTOR OF EDUCATIONPATHANAMTHITTA, MARKET ROADTHIRUVALLA, PATHANAMTHITTAKERALA, PIN - 6891012DEPUTY DIRECTOR OF EDUCATION, PATHANAMTHITTAOFFICE OF THE DEPUTY DIRECTOR OF EDUCATIONMARKET ROAD, THIRUVALLAPATHANAMTHITTAKERALA, PIN - 6891013THE CHAIRMANAPPEAL COMMITTEE, KOTTAYAM REVENUE DISTRICT SCHOOL KALOLSAVAM 2022-2023OFFICE OF THE DEPUTY DIRECTOR OF EDUCATION, PATHANAMTHITTAMARKET ROAD, THIRUVALLAPATHANAMTHITTAKERALA, PIN – 689101
BY SRI.V.S.SREEJITH, GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
30.12.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 42678 OF 2022
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JUDGMENT
Dated this the 30th day of December 2022
The petitioner is a participant in ‘Vattappattu’ competition in the District School Kalolsavam of Kottayam District. Thepetitioner lost first prize by four marks.
2. The petitioner states that the committee has not properly applied their mind in awarding their marks.
3. I have heard the learned Counsel for the petitioner andthe learned Government Pleader.
4. This Court, in judgment in W.P.(C)No.40794 of 2022, has held that in the matter of assessment of competition andawarding marks, this Court cannot make fact adjudication inexercise of powers under Article 226 of the Constitution of India.
5. The petitioner also impugned Ext.P13 appellate order. Areading of Ext.P13 order would show that the Appeal Committee WP(C) NO. 42678 OF 2022
has seen the video shots of competition and has come to a conclusion that the marks awarded were proper. In view of the above, I find no merits in the case.
The writ petition is accordingly dismissed.
Sd/-
N.NAGARESH
JUDGE
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30.12.2022
WP(C) NO. 42678 OF 2022
APPENDIX OF WP(C) 42678/2022
WP(C) NO. 42678 OF 2022
Exhibit P9
Exhibit P10
Exhibit P11
Exhibit P12
Exhibit P13
ISSUED BY THE KERALA SCHOOL KALOLSAVAM 2022-2023 IN FAVOUR OF THE PARTICIPANT NAMED JOEL P. SOJI WITH REGISTRATION NUMBER 2342 DATED 07.12.2022
THE TRUE COPY OF THE PARTICIPANT'S CARD ISSUED BY THE KERALA SCHOOL KALOLSAVAM 2022-2023 IN FAVOUR OF THE PARTICIPANT NAMED JOHN KOSHY PANICKER WITH REGISTRATION NUMBER 2338 DATED 07.12.2022
THE TRUE COPY OF THE PARTICIPANT'S CARD ISSUED BY THE KERALA SCHOOL KALOLSAVAM 2022-2023 IN FAVOUR OF THE PARTICIPANT NAMED ROHITBABU M WITH REGISTRATION NUMBER 2339 DATED 07.12.2022
THE TRUE COPY OF THE RESULT PUBLISHED INREGARD TO THE AFOREMENTIONED ITEM ON 07.12.2022 ON THE WEBSITE OF DISTRICT KALOLSAVAM KOTTAYAM
THE TRUE COPY OF THE RECEIPT NUMBERED 035 ISSUED BY THE CHAIRMAN, APPEAL COMMITTEE, THE KERALA 33RD KOTTAYAM REVENUE DISTRICT SCHOOL KALOLSAVAM 2022-2023 TO THE PETITIONER DATED 07.12.2022THE TRUE COPY OF THE ORDER ISSUED BY THEDEPUTY DIRECTOR, DEPARTMENT OF EDUCATION, KOTTAYAM WHICH IS NUMBERED AS C3/801616/(35)2022 DATED 09.12.2022