Kerala High Court

WP(C)/42956/2022 of FATHIMA HANNA C.H Vs STATE OF KERALA on 30 December 2022

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HIGH 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. 42956 OF 2022 PETITIONER FATHIMA HANNA C.H AGED 15 YEARS 10TH STANDARD, NOORUL HUDA ENGLISH MEDIUM SCHOOL, TIRURANGADI, REPRESENTED BY HER FATHER

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. 42956 OF 2022

PETITIONER

FATHIMA HANNA C.HAGED 15 YEARS10TH STANDARD, NOORUL HUDA ENGLISH MEDIUM SCHOOL, TIRURANGADI, REPRESENTED BY HER FATHER MUJEEBU RAHMANCHALILAKATH, AGED 47 YEARS, S/O. ABOOBACKER, BOTH RESIDING AT CHALILAKATH HOUSE, AZAD NAGAR, TIRURANGADI P.O., MALAPPURAM DISTRICT , PIN – 676306

BY ADVS.HAMZATH ALI V.K.SHIFA LATHEEF

RESPONDENTS

1STATE OF KERALAREPRESENTED BY THE SECRETARY TO THE GOVERNMENT, GENERAL EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT,THIRUVANANTHAPURAM, PIN – 6950012THE DEPUTY DIRECTOR OF EDUCATION(THE GENERAL CONVENER OF APPEAL COMMITTEE OF MALAPPURAM REVENUE DISTRICT KALOLSAVAM), MALAPPURAM, KERALA, PIN – 6765193THE GENERAL CONVENERMALAPPURAM DISTRICT SCHOOL KALOLSAVAM 2022 - 2023, GOVERNMENT BOYS HIGHER SECONDARY SCHOOL, TIRUR, THEKKEMURI P.O., MALAPPURAM DISTRICT, PIN – 676105

BY ADV GOVERNMENT PLEADER SRI.V.S SREEJITH

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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J U D G M E N T

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

The petitioner participated in English Poem Recitation competition in the District School Kalolsavam of MalappuramDistrict.

2. Though the petitioner won ‘A’ Grade, the petitioner was ranked at Serial No.2 only. The petitioner states that theaudio system provided in the stage was not functioningproperly. It was tuned to the sound of the previous contestant.This was informed to the authorities. However, the authoritiesdid not adjust the mike system stating that the performancehas already began.

3. I have heard the learned counsel for the petitioner.

4. This Court has held in the judgment in W.P(C)

No.40794 of 2022 and connected cases that deficientinfrastructure is not a ground for this Court to interfere in theSchool Kalolsavam as the said issue is a disputed question offact.

WP(C) No. 42956 of 2022

In view of the judgment of this Court in W.P(C) No.40794

of 2022 and connected cases, the writ petition is dismissed.

Sd/-

N. NAGARESH, JUDGE

smm

APPENDIX OF WP(C) 42956/2022

PETITIONER EXHIBITSExhibit P1A TRUE COPY OF THE RELEVANT PAGE OF THERESULTS IN ENGLISH POEM RECITATION FOR MALAPPURAM REVENUE DISTRICT KALOLSAVAM 2022 - 23 EXTRACTED FROM THE OFFICIAL WEBSITE OF THE KALOLSAM COMMITTEE

Exhibit P2

A TRUE COPY OF THE COMMUNICATION INDICATING ACCEPTANCE OF THE PETITIONER'S APPEAL BY THE 2ND RESPONDENT HAVING NO. C5/668010/2022 DATED NIL

Exhibit P3

A TRUE COPY OF THE RECEIPT ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER HAVING NO. 100 2022-23/HS DATED 30.11.2022

Exhibit P4

A TRUE COPY OF THE APPEAL RESULTS OF HIGH SCHOOL CATEGORY ISSUED BY THE 2ND RESPONDENT DATED 09.12.2022A TRUE COPY OF THE BROCHURE OF THE 61STSTATE SCHOOL KALOLSAVAM

Exhibit P5

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