Kerala High Court
WP(C)/42879/2022 of PADMA THEERTHA (MINOR) , REP. BY FATHER MANOJ 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. 42879 OF 2022 PETITIONER: PADMA THEERTHA (MINOR), AGED 17 YEARS, D/O. MANOJ, RESIDING AT KIZHAKKEVEETTIL HOUSE, KARUMALA P.O. BALUSSERY VIA, KOZHIKODE
IN THE HIGH COURT OF KERALA AT ERNAKULAMPRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
FRIDAY, THE 30[TH] DAY OF DECEMBER 2022 / 9TH POUSHA, 1944
WP(C) NO. 42879 OF 2022
PETITIONER:
PADMA THEERTHA (MINOR), AGED 17 YEARS, D/O. MANOJ, RESIDING AT KIZHAKKEVEETTIL HOUSE, KARUMALA P.O. BALUSSERY VIA, KOZHIKODE DISTRICT, PIN-673612, REPRESENTED BY HER FATHER AND NATURAL GUARDIAN MANOJ, AGED 48 YEARS, S/O. NARAYANAN, RESIDING AT KIZHAKKEVEETTIL HOUSE, KARUMALA P.O., BALUSSERY VIA., KOZHIKODE DISTRICT, PIN-673612.BY ADV R.NIKHIL
RESPONDENTS:
1STATE OF KERALAREPRESENTED BY THE SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM - 695001.2THE GENERAL CONVENOR, KERALA SCHOOL KALOLSAVAM 2022-23, (THE DIRECTOR OF PUBLIC INSTRUCTIONS, JAGATHY, THIRUVANANTHAPURAM - 695014).3THE GENERAL CONVENOR,KERALA SCHOOL KALOLSAVAM 2022-23, HIGHER SECONDARYSCHOOL WING, KOZHIKODE REVENUE DISTRICT, (THE DEPUTY DIRECTOR OF EDUCATION, KOZHIKODE, MANANCHIRA ROAD, MANANCHIRA, KOZHIKODE - 673001).4THE APPELLATE AUTHORITY, KERALA SCHOOL KALOLSAVAM 2022-2023, KOZHIKODE, REPRESENTED BY ITS CHAIRMAN, MANANCHIRA ROAD, KOZHIKODE – 673001.BY ADV SMT.ANIMA - 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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J U D G M E N T
Dated this the 30[th] day of December, 2022
The petitioner was a participant in 'Ottamthullal' (Girls)
competition in the Revenue District School Kalolsavam ofKozhikode District. The petitioner did not get the first prize andthus became ineligible to participate in the State SchoolKalolsavam.
2. The petitioner states that the sound system was not functioning properly during her performance. The stageinfrastructure was not up to the mark. The floor was slippery.Shaking of stage during the performance has affected thepetitioner's performance.
3. The petitioner further points out that while the petitioner's appeal stands rejected, the appeal preferred by Seetha Laxmi B.of G.V.H.S.S Atholi stands allowed. The respondents could nothave treated the two appeals differently.
4. Heard.
5. It has been held in the judgment in W.P.(C).No. 40794 of : 3 :
2022 and connected cases that this Court in exercise of thepowers under Article 226 of the Constitution of India cannotinterfere with the awarding of marks in School Kalolsavams basedon inadequacy of infrastructure facility.
6. The petitioner is not successful in establishing that thegrounds urged by the other candidate at Sl.No.10 in Ext.P9 andthe grounds urged by the petitioner in her appeal are one and thesame.
In view of the above, I find no merit in the writ petition. Thewrit petition is hence dismissed.
Sd/-N. NAGARESH JUDGE
anm
APPENDIX OF WP(C) 42879/2022
PETITIONER EXHIBITSExhibit P1
A TRUE COPY OF THE CERTIFICATE DATED 17.11.2022 FOR THE EVENT OF OTTAMTHULLAL (GIRLS).A TRUE COPY OF THE CERTIFICATE DATED 17.11.2022 FOR THE EVENT OF KERALA NADANAM (GIRLS)A TRUE COPY OF THE CERTIFICATE DATED 17.11.2022 FOR THE EVENT OF GROUP DANCE (GIRLS)
Exhibit P2Exhibit P3Exhibit P4
A TRUE COPY OF THE CERTIFICATE OF MERIT ISSUED BY THE KOZHIKODE REVENUE DISTRICT KALOLSAVAM CONVENOR IN OTTAMTHULLAL (GIRLS).
Exhibit P5
A TRUE COPY OF THE CERTIFICATE OF MERIT ISSUED BY THE KOZHIKODE REVENUE DISTRICT KALOLSAVAM CONVENOR IN KERALA NADANAM (GIRLS).
Exhibit P6
A TRUE COPY OF THE CERTIFICATE OF MERIT ISSUED BY THE KOZHIKODE REVENUE DISTRICT KALOLSAVAM CONVENOR IN GROUP DANCE (GIRLS).
Exhibit P7
A TRUE COPY OF THE ORDER NO C2/3567/2022 DATED 13.12.2022 ISSUED BY THE 4TH RESPONDENT.
Exhibit P8
A TRUE COPY OF THE ORDER NO. C2/3567/2022DATED 13.12.2022 IN RESPECT OF THE APPEALSUBMITTED BY ONE ABIR SAMAN.
Exhibit P9A TRUE COPY OF THE LIST OF THE APPEALS WHICH ARE ALLOWED BY THE 4TH RESPONDENT.
RESPONDENTS' EXHIBITS : NIL