Kerala High Court
WP(C)/42980/2022 of SREELAKSHMI K A (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. 42980 OF 2022 PETITIONER: SREELAKSHMI K A (MINOR), AGED 17 YEARS, REPRESENTED BY HER FATHER ASHOKAN K D, KURUMTHARA, VELUR P.O., THRISSUR-680 601. BY
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. 42980 OF 2022
PETITIONER:
SREELAKSHMI K A (MINOR), AGED 17 YEARS,
REPRESENTED BY HER FATHER ASHOKAN K D, KURUMTHARA, VELUR P.O., THRISSUR-680 601.
BY ADVS.S.K.ADHITHYANBHAVYA BINU
RESPONDENTS:
1STATE OF KERALA,REPRESENTED BY THE SECRETARY, GENERAL EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001.2THE DIRECTOR OF GENERAL EDUCATION,OFFICE OF THE DIRECTOR OF GENERAL EDUCATION, DPI JUNCTION, JAGATHY, THIRUVANANTHAPURAM - 695 061.
3THE DEPUTY DIRECTOR OF EDUCATION, OFFICE OF THE DEPUTY DIRECTOR OF EDUCATION, SECOND FLOOR, CIVIL STATION, AYANTHOL, THRISSUR-678 003.
4THE DISTRICT EDUCATIONAL OFFICER,OFFICE OF THE DISTRICT EDUCATIONAL OFFICER, PALACE ROAD, THRISSUR-680 020.
BY ADV.SRI.V.S.SREEJITH, GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
30.12.2022, 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 'Kerala Nadanam (Girls)'competition in the District Level School Kalolsavam. Thepetitioner could not get the 1[st] prize.
2. The petitioner states that her performance wasadversely affected due to the careless laying of carpet on the stage. This has seriously prejudiced the performance of thepetitioner. Therefore, she should be permitted to appear in theState Level competition.
3. I have heard the learned counsel for the petitioner and the learned Government Pleader representing therespondents.
4. ThisCourt,inthejudgmentin
WP(C)No.40794/2022 and connected matters, has held thatinadequacy of infrastructure or wrong laying of carpets instage etc. cannot be a reason for this Court to interfere in the WP(C) NO. 42980 OF 2022
award of marks in School Kalolsavam, those factors being disputed questions of fact. Ext.P6 order of the AppealCommittee would show that they have considered thegrievance raised by the petitioner. The petitioner scored sixmarks less than the candidate who got 1[st] prize.
In view of the above, this writ petition is found withoutany merits. It is consequently dismissed.
akv
Sd/-N.NAGARESH JUDGE
WP(C) NO. 42980 OF 2022
APPENDIX OF WP(C) 42980/2022
PETITIONER EXHIBITS
EXHIBIT P1TRUE COPY OF THE RELEVANT PAGES OF THEKERALA SCHOOL KALOLSAVA MANUAL ISSUED BY THE 1ST RESPONDENT.
EXHIBIT P2TRUE COPY OF THE CERTIFICATE OF THE THRISSUR REVENUE DISTRICT 'KERALA SCHOOL KALOLSAVAM 2017-18' BY THE PETITIONER DATED 29/11/2018.THRISSUR REVENUE DISTRICT 'KERALA SCHOOL KALOLSAVAM 2017-18' BY THE PETITIONER DATED 29/11/2018.
EXHIBIT P3TRUE COPY OF THE CERTIFICATE OF THE 59TH KERALA SCHOOL KALOLSAVAM 2018' ISSUED BY THE GOVERNMENT OF KERALA TO THE PETITIONER DATED ON 09/12/2018.59TH KERALA SCHOOL KALOLSAVAM 2018' ISSUED BY THE GOVERNMENT OF KERALA TO THE PETITIONER DATED ON 09/12/2018.
EXHIBIT P4TRUE COPY OF THE CERTIFICATE OF THRISSUR REVENUE DISTRICT KERALA SCHOOL KALOLSAVAM 2019-20, BY THE PETITIONER.THRISSUR REVENUE DISTRICT KERALA SCHOOL KALOLSAVAM 2019-20, BY THE PETITIONER.
EXHIBIT P5TRUE COPY OF THE PHOTOGRAPH SHOWING THE STAGE MAT OVER THE DAIS WAS PASTEDWITH PLASTIC SELLOTAPE.THE STAGE MAT OVER THE DAIS WAS PASTEDWITH PLASTIC SELLOTAPE.
EXHIBIT P6TRUE COPY OF THE APPEAL ORDER OF THE PETITIONER DATED 29/11/2022PETITIONER DATED 29/11/2022
RESPONDENT'S/S EXHIBITS: NIL.
//TRUE COPY//P.A. TO JUDGEP.A. TO JUDGE