Kerala High Court
WP(C)/42401/2022 of APARNA M (MINOR) 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. 42401 OF 2022 PETITIONER/S: APARNA M (MINOR), AGED 17 YEARS AJI BHAVANAM, D/O. AJIKUMAR S, SOORANAD, NADUVILA MURI, ANAYADI (P.O), KOLLAM DISTRICT- 690
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. 42401 OF 2022
PETITIONER/S:
APARNA M (MINOR), AGED 17 YEARSAJI BHAVANAM, D/O. AJIKUMAR S, SOORANAD, NADUVILA MURI,ANAYADI (P.O), KOLLAM DISTRICT- 690 561, REPRESENTED BYHER FATHER, AJIKUMAR S, AGED 43 YEARS, S/O. SREEDHARAN NAIR, SOORANAD, NADUVILA MURI, ANAYADI (P.O), KOLLAM DISTRICT, 690 561.
BY ADV K.S.PRAVEEN
RESPONDENT/S:
1STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, DEPARTMENT OF EDUCATION, GOVERNMENT GOVERNMENT, DEPARTMENT OF EDUCATION, GOVERNMENT
SECRETARIAT, THIRUVANANTHAPURAM, PIN 695 001.
2GENERAL CONVENER,
KOLLAM DISTRICT SCHOOL KALOLSAVAM -2022-23, REPRESENTED
BY THE DIRECTOR OF PUBLIC INSTRUCTIONS,
THIRUVANANTHAPURAM, PIN 695 001.
3CHAIRMAN, APPEAL COMMITTEE, KOLLAM DISTRICT SCHOOL KALOLSAVAM- 2022-23, REPRESENTED BY THE DEPUTY DIRECTOR OF EDUCATION, KOLLAM, PIN 691 001.APPEAL COMMITTEE, KOLLAM DISTRICT SCHOOL KALOLSAVAM- 2022-23, REPRESENTED BY THE DEPUTY DIRECTOR OF EDUCATION, KOLLAM, PIN 691 001.
BY SMT.ANIMA, GOVERNMENT PLEADER
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 the 30th day of December 2022
The petitioner participated in ‘Bharathanatyam (for girls)
(H.S.S category)’ in the District School Kalolsavam of KollamRevenue District. The petitioner could not get first prize. Thepetitioner was ranked as No.2.
2. The petitioner states that the carpet on the stage was not properly laid on the stage which has adversely affected theperformance of the petitioner. The appeal committee has notproperly adverted to the grounds urged by the petitioner in theappeal petition.
3. I have heard the learned counsel for the petitioner andthe learned Government Pleader.
4. This Court in the judgment in W.P.(C)No.40794 of 2022and connected cases, has held that this Court cannot in exerciseof the powers under Article 226 of the Constitution of India, interfere with the decision of the authorities, on the ground that the stage was not properly maintained or that the carpets werenot properly laid. These are questions of fact which cannot begone into in exercise of the powers under Article 226 of theConstitution of India.
5. As regards Ext.P3 decision of the appellate committee, it is evident that the appeal committee has perused the score sheetand tabulation sheet and has also watched the video recording ofthe performance. After watching the video of the performance,the appeal committee found that the allegation raised by thepetitioner is without any merit. I do not find anything wrong inExt.P3 decision of the appellate committee.
The writ petition fails and accordingly it is dismissed.
uu30.12.2022
Sd/-
N.NAGARESH
JUDGE
APPENDIX OF WP(C) 42401/2022
PETITIONER EXHIBITSExhibit P1TRUE COPY OF THE LIST OF WINNERS IN 'BHARATHANATYAM' (FOR GIRLS IN H.S.S. CATEGORY).Exhibit P2TRUE COPY OF THE APPEAL DATED 30.1.2022.Exhibit P3TRUE COPY OF THE ORDER DATED 08.12.2022 PASSED BY THE 3RD RESPONDENT.