Kerala High Court
WP(C)/42240/2022 of SANIYA SANTHOSH Vs DIRECTOR OF GENERAL EDUCATION 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. 42240 OF 2022 PETITIONER: SANIYA SANTHOSH, AGED 15 (MINOR), D/O. SANTHOSH P.S, SANIYA BHAVANAM, POTHAPPALLY NORTH, KUMARAPURAM, ALAPPUZHA-690 548, REP. 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. 42240 OF 2022
PETITIONER:
SANIYA SANTHOSH, AGED 15 (MINOR),
D/O. SANTHOSH P.S, SANIYA BHAVANAM,
POTHAPPALLY NORTH, KUMARAPURAM,
ALAPPUZHA-690 548,
REP. BY HER FATHER AND LAWFUL GUARDIAN,
SANTHOSH P.S, AGED 47 YEARS, S/O. SUKUMARAN.
BY ADVS.LIJIN THAMBANG.S.KRISHNAN KARTHAAKSHARA K.V.
RESPONDENTS:
1DIRECTOR OF GENERAL EDUCATION,OFFICE OF THE DIRECTOR OF GENERAL EDUCATION, JAGATHY, OFFICE OF THE DIRECTOR OF GENERAL EDUCATION, JAGATHY, THIRUVANANTHAPURAM – 695014.
2THE DEPUTY DIRECTOR OF EDUCATION,ALAPPUZHA, KODIVEED, ALAPPUZHA – 688001.BY ADV.SRI.V.S.SREEJITH, GPALAPPUZHA, KODIVEED, ALAPPUZHA – 688001.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 'Bharathanatyam (Girls)'/HS in the Alappuzha District School Kalolsavam. Thepetitioner has lost the 1[st] prize by four marks.
2. The petitioner states that the award of mark was not properly done and assessment of performance waserroneous. She contends that her appeal has been rejectedwithout giving sufficient reasons.
3. I have heard the learned counsel for the petitioner and the learned Government Pleader representing therespondents.
4. As regards the assessment of performance andawarding of mark, this Court has held in the judgment inWP(C)No.40794/2022 and connected matters that inexercising of powers under Article 226 of the Constitution ofIndia, this Court cannot sit in appeal over the assessment ofperformance or award of marks.
5. As regards the Appellate Order, I find that the Appeal Committee has properly considered and rejected the appeal filed by the petitioner giving sufficient reasons.
In view of the above, the writ petition is dismissed.
akv
Sd/-N.NAGARESH JUDGE
APPENDIX OF WP(C) 42240/2022
PETITIONER EXHIBITS
EXHIBIT P1TRUE COPY OF ORDER RESPONDENT DATED 07.12.2022
NO.C1/677286/20221/DDE(58) OF THE 2ND
EXHIBIT P2TRUE COPY OF CERTIFICATE OF KERALA SCHOOL KALOLSAVAM ALAPPUZHA REVENUE DISTRICT DATED 22.11.2019
EXHIBIT P3TRUE COPY OF THE REPORT IN MALAYALA MANORAMA DAILY DATED20.11.2019MANORAMA DAILY DATED20.11.2019
EXHIBIT P4TRUE COPY OF THE REPORT IN MATHRUBHUMIDAILY DATED 20.11.2019DAILY DATED 20.11.2019
EXHIBIT P5TRUE COPY OF THE REPORT IN KERALA KAUMUDI DAILY DATED 20.11.2019KAUMUDI DAILY DATED 20.11.2019
RESPONDENT'S/S EXHIBITS: NIL.
//TRUE COPY//P.A. TO JUDGE