Kerala High Court
WP(C)/42689/2022 of DHYAN A.P (MINOR), REP. BY MOTHER SREEJISHA PRADEEP Vs STATE OF KERALA 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. 42689 OF 2022 PETITIONER: DHYAN A.P (MINOR),AGED 14 YEARS, S/O.SREEJISHA PRADEEP, 9TH STANDARD STUDENT, HSS PANANGAD, (KODUNGALLUR SUB DISTRICT),
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, 1944WP(C) NO. 42689 OF 2022
PETITIONER:
DHYAN A.P (MINOR),AGED 14 YEARS, S/O.SREEJISHA PRADEEP, 9TH STANDARD STUDENT, HSS PANANGAD, (KODUNGALLUR SUB DISTRICT), KODUNGALLUR, THRISSUR DISTRICT, REPRESENTED BY HIS MOTHER (GUARDIAN), SREEJISHA PRADEEP, W/O.PRADEEP A.V., AGED 41, ALUPARAMBIL HOUSE, PANANGAD P.O., KODUNGALLUR, THRISSUR -680665.
BY ADVS.HARISH R. MENONK.T.SHYAMKUMAR
RESPONDENTS:
1STATE OF KERALAREPRESENTED BY ITS SECRETARY, GENERAL EDUCATION DEPARTMENT, REPRESENTED BY ITS SECRETARY, GENERAL EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, 650 001
2THE DEPUTY DIRECTOR OF EDUCATION, THRISSUR DISTRICT, THRISSUR-680003.THRISSUR DISTRICT, THRISSUR-680003.
3THE DEPUTY DIRECTOR OF EDUCATION, (CHAIRMAN APPEAL COMMITTEE, THRISSUR REVENUE DISTRICT (CHAIRMAN APPEAL COMMITTEE, THRISSUR REVENUE DISTRICT
SCHOOL KALOLSAVAM) KODUNGALLUR, THRISSUR DISTRICT-680003.
4PROGRAMME COMMITTEE CONVENOR, THRISSUR REVENUE DISTRICT SCHOOL KALOLSAVAM KODUNGALLUR, THRISSUR DISTRICT-680001.THRISSUR REVENUE DISTRICT SCHOOL KALOLSAVAM KODUNGALLUR, THRISSUR DISTRICT-680001.
5THE HEADMASTER,HSS PANANGAD, KODUNGALLUR, THRISSUR DISTRICT-680665.HSS PANANGAD, KODUNGALLUR, THRISSUR DISTRICT-680665.
6DEPUTY DIRECTOR OF EDUCATION, KOZHIKODE THE GENERAL CONVENOR, KERALA STATE SCHOOL YOUTH FESTIVAL. KOZHIKODE – 673001KOZHIKODE THE GENERAL CONVENOR, KERALA STATE SCHOOL YOUTH FESTIVAL. KOZHIKODE – 673001
SMT.ANIMA GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON30.12.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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JUDGMENT
Dated this the 30[th] day of December, 2022
The petitioner participated in “Bharathanatyam”
competition in the District School Kalolsavam of ThrissurDistrict. The petitioner could not secure first prize andtherefore cannot appear in the Kerala State SchoolKalolsavam.
2. The petitioner submits that the infrastructureprovided for performance of Bharathanatyam event was notproper or upto the mark. The Judges, who assessed theperformance have awarded marks in a totally arbitrarymanner. It is for those reasons that the petitioner could notachieve the first prize.
3. Heard.
4. This Court has considered the issue in W.P.(C)No.40794 of 2022 and connected cases. This Court held that WP(C) No.42689 of 2022
awarding of marks and adequacy of infrastructure facilities are not issues which can be considered or gone into by this Courtin exercise of the powers under Article 226 of the Constitutionof India.
In view of the law laid down by this Court in W.P.(C)No.40794 of 2022 and connected cases, the writ petition isdismissed.
spk
Sd/-
N.NAGARESHJUDGE
WP(C) No.42689 of 2022
APPENDIX OF WP(C) 42689/2022
PETITIONER EXHIBITSExhibit P1A TRUE COPY OF THE ORDER NO.DDETSR/9137/2022/J6 DATED 29.11.2022