Kerala High Court
WP(C)/42856/2022 of ABIYA SOOSAN SUNNY 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. 42856 OF 2022 PETITIONER: KUM.ABIYA SOOSAN SUNNY AGED 17 YEARS D/O. SUNNY PUNNOOSE, KAROTHEKUTTU, VELLUTHURUTHI, KUZHIMATTAM P O, PANACHIKKAD, KOTTAYAM
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. 42856 OF 2022
PETITIONER:
KUM.ABIYA SOOSAN SUNNY
AGED 17 YEARSD/O. SUNNY PUNNOOSE, KAROTHEKUTTU, VELLUTHURUTHI, KUZHIMATTAM P O, PANACHIKKAD, KOTTAYAM DISTRICT. REPRESENTED THROUGH HER NEXT FRIEND FATHER SUNNY PUNNOOSE, S/O. ULAHANNAN VARGHESE, AGED 53.
BY ADV SINU.G.NATH
RESPONDENTS:
1STATE OF KERALA,REPRESENTED BY SECRETARY TO EDUCATION DEPARTMENT,GOVT. SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001
2THE DEPUTY DIRECTOR OF EDUCATION, GENERAL EDUCATION DEPARTMENT, KOTTAYAM REVENUE DISTRICT, KOTTAYAM, PIN – 686001
SRI.V.S.SREEJITH-GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSIONON 30.12.2022, THE COURT ON THE SAME DAY DELIVERED THEFOLLOWING:
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JUDGMENT
Dated this the 30[th] day of December, 2022
The petitioner participated in “Kadhaprasangam HSS”
competition in the Revenue District School Kalolsavam ofKottayam District. The petitioner did not get first prize andconsequently, she is not in a position to participate in theState School Kalolsavam.
2. The petitioner states that the Judges of theKadhaprasangam HSS event were members of “PurogamanaKadhaprasanga Sankhadana” and the father of the qualifiedcandidate is State Treasurer of that organisation. Therefore,there is mala fide in the matter of assessment of performance.
3. The petitioner further pointed out that the first prizewinner as well as the petitioner had got ‘A’ Grade and bothhad five points to their credit. Clause 10.02 of Ext.P4 Manualwould entitle the petitioner to participate in the School YouthFestival.
4. Heard.
5. The allegation of the petitioner is that theassessment of the performance was biased since the father of the person, who won the first prize, and the members of theJudge’s Committee belongs to “Purogamana KadhaprasangaSankhadana”. Membership of persons in one organisation byitself cannot establish bias on the part of the Judges.
6. Therefore, I am not inclined to find bias in thematter. As regards Clause 10.02 of Ext.P4 Manual, it isevident that the said clause deals with a situation where thereis only one candidate for contesting in an item.
Therefore, I am not inclined to find bias in the In view of the above, I find no merit in the writ petition.The writ petition is accordingly dismissed.
Sd/-
N.NAGARESH
JUDGE
APPENDIX OF WP(C) 42856/2022
PETITIONER EXHIBITSExhibit1WEBSITE COPY OF RESULT SHEET FORKADHAPRASANGAM HSS EVENT OF KOTTAYAMDISTRICT KALOLSAVAMExhibit-P2TRUE COPY OF THE APPEAL MEMORANDUMFILEDExhibit-P3TRUE COPY OF THE DISMISSAL ORDER DATED09.12.2022 ISSUED BY THE APPELLATEAUTHORITY DISPOSING THE APPEALExhibit P-4THE RELEVANT PAGES OF THE KERALASCHOOL YOUTH FESTIVAL MANUAL PROVIDINGFOR CONDUCTING KALOLSAVAM FOR REVENUEDISTRICT