WA/2020/2022 of ADITHYA.B Vs THE GENERAL CONVENER on 30 December 2022

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT

THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN

&

THE HONOURABLE MR.JUSTICE C. JAYACHANDRAN

FRIDAY, THE 30[TH] DAY OF DECEMBER 2022 / 9TH POUSHA, 1944

WA NO. 2020 OF 2022

AGAINST THE JUDGMENT IN WP(C) 41449/2022 OF HIGH COURT OF KERALA

APPELLANT/PETITIONER:

ADITHYA.BAGED 16 YEARSD/O. BAIJU.KKARUNTHARA KIZHAKKATHIL, THAMALLACKAL SOUTH P.OHARIPPAD, ALAPPUZHA DISTRICT, PIN – 690 548, STUDYING IN PLUS ONE NSS HSS KARUVATTA, KARUVATTA P.O, PIN – 690 517THE MINOR PETITIONER HEREIN REPRESENTED HEREIN BYHER GUARDIAN/MOTHER RENJI.S, AGED 39 YEARS,W/O. BAIJU.K, KARUNTHARA KIZHAKKATHILTHAMALLACKAL SOUTH P.O, HARIPPAD, ALAPPUZHA DISTRICTPIN – 690 548., BY ADV B.RENJITHKUMAR

RESPONDENTS/RESPONDENTS:

1THE GENERAL CONVENERALAPPUZHA DISTRICT SCHOOL KALOLSAVAM 2022-23(THE DEPUTY DIRECTOR OF EDUCATION, ALAPPUZHA)ALAPPUZHA DISTRICT, PIN – 688 001.2THE GENERAL CONVENER (ADDITIONAL DIRECTOR OF PUBLIC INSTRUCTIONS)DPI OFFICE, JAGATHI P.O, THIRUVANANTHAPURAM DISTRICT PIN – 695 014.

SMT.C.S.SHEEJA-SR.GP

THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 30.12.2022, THECOURT ON THE SAME DAY DELIVERED THE FOLLOWING:

ANU SIVARAMAN, J. & C. JAYACHANDRAN, J.

------------------------------------------------------- WA No.2020 of 2022

in

WP(C) NO.41449 OF 2022

------------------------------------------------------- Dated this the 30[th] day of December, 2022JUDGMENT

ANU SIVARAMAN, J.

This appeal is directed against judgment dated21.12.2022 refusing to exercise power of judicial review inrespect of the participation of the petitioner in the SchoolKalolsavam.

2. The learned counsel for the appellant submits thatthe appellant had participated in the Kuchipudy dance in the Alappuzha District School Kalolsavam conducted on07.12.2022 and had secured second prize. It is stated thatthe first prize is shared by two participants that isMeenakshy A.V and Parvathi Krishna who obtained 265 and264 marks respectively. It is stated that the differencebetween the marks awarded to the appellant and Parvathy

Krishna was only 0.33% and that the appellant had preferredan appeal specifically pointing out that there were defects inthe stage which occurred due to heavy rain fall when theappellant had participated in the competition. It is submittedthat Ext.P2 does not refer to the specific allegation raised bythe appellant.

3. The learned Government Pleader submits; oninstructions that there were 114 appeals submitted inrespect of the Alappuzha District School Kalolsavam and that12 of such appeals had been allowed. It is submitted that theappellate committee had watched the video recording andhad entered the results of the appeals and long orders couldnot be recorded due to the sheer number of appeals whichhad to be considered by them.

4. The learned counsel for the appellant submits thatthe appeal is liable to re-considered.

In view of the fact that the state Kalolsavam iscommencing on 03.01.2023 and since it is submitted by the learned Government Pleader that the appeal committeeconsists of 8 members and the Chairman and since it is notpossible to reconstitute the committee within the short time,we are of the opinion that the judgment requires nointerference. The grounds raised in the Writ Appeal beingfactual in nature, the finding of the learned Single Judge thatthe matters cannot be considered in a writ petition underArticle 226 of the Constitution of India appears to be wellfounded. The Writ Appeal fails, and is hence dismissed.

Sd/-

ANU SIVARAMAN

JUDGE

Sd/-

C. JAYACHANDRAN JUDGE

sn

APPENDIX OF WA 2020/2022

PETITIONER'S ANNEXURES

Annexure-A1TRUE COPY OF THE DATA SHEET DATED 28.11.2022 WITH RESPECT TO THE MARKS AND ITS PERCENTAGE WAS OBTAINED TO THE PETITIONER THROUGH THE PARENT OF ANOTHER PARTICIPANTS ON 23.12.2022

RESPONDENT'S ANNEXURES : NIL

//TRUE COPY// PA TO JUDGE