Kerala High Court
Malu T Aged 14Years vs The Deputy Director Of Education on 3 January, 2014
Author: P.R.Ramachandra Menon
Bench: P.R.Ramachandra Menon
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE P.R.RAMACHANDRA MENON
FRIDAY, THE 3RD DAYOF JANUARY 2014/13TH POUSHA, 1935
WP(C).No. 41 of 2014 (E)
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PETITIONER :
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MALU T AGED 14YEARS
D/O.MANIKANDAN, RESIDING ATSIVANADA BHAVAN
SAKTHIKULANGARA P.O., KOLLAM
REPRESENTED BY HER MOTHER AND GUARDIAN THANKAMANI
AGED 45 YEARS, W/O.MANIKANDAN, RESIDING AT SIVANADA BHAVAN
SAKTHIKULANGARA P.O., KOLLAM, PIN 691581
BY ADV.SRI.AJAYAKUMAR. G
RESPONDENTS :
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1. THE DEPUTY DIRECTOR OF EDUCATION
KOLLAM DISTRICT
OFFICE OF THE DEPUTY DIRECTOR EDUCATION, KOLLAM
PIN 691013.
2. THE CONVENER
PROGRAMME COMMITTEE
KERALA SCHOOL KALOLSAVAM 2013-14 KOLLAM REVENUE DISTRICT
HEAD MASTER
CHADAYAMANGALAM GOVERNMENT HIGHER SECONDARY SCHOOL
CHADAYAMANGALAM, KOLLAM, PIN 691534.
3. THE DISTRICT EDUCATION OFFICER
KOTTARAKARA, CHAIRMAN OF APPEAL COMMITTEE
KERALA SCHOOL KALOLSAVAM 2013-14 KOTTARAKKARA SUB DISTRICT
PIN 691506.
4. THE CONVENER
PROGRAMME COMMITTEE KERALA SCHOOL KALOLSAVAM 2013-14
KOTTARAKKARA SUB DISTRICT
HEAD MASTER
VETTIKAVALA GOVERNMENT HIGHER SECONDARYSCHOOL
KOLLAM, PIN 691538.
R BY SR.GOVERNMENT PLEADER SRI.JOSEPH GEORGE
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
03-01-2014, THE COURT ON THE SAME DAYDELIVERED THE FOLLOWING:
WP(C).No. 41 of 2014 (E)
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APPENDIX
PETITIONER(S)' EXHIBITS
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EXHIBIT-P1: TRUE COPY OF THE RECEIPT DT.03.12.2013 SHOWING REMITTANCE OF
APPEAL FEE.
EXHIBIT-P2: TRUE COPY OF THE ORDER DT.24.12.2013 ISSUED BY THE 3RD
RESPONDENT.
EXHIBIT-P3: THE CERTIFICATE ISSUED TO THE PETITIONER FOR MOHINIYATTAM
(GIRLS) FOR THE KERALA SCHOOL KALOLSAVAM 2012-13.
EXHIBIT-P4: THE CERTIFICATE ISSUED TO THE PETITIONER FOR KERALA
NADANAM (GIRLS) FOR THE KERALA SCHOOL KALOLSAVAM 2012-13.
RESPONDENT(S)' EXHIBITS : NIL
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/TRUE COPY/
P.ATO JUDGE
AV
P.R.RAMACHANDRA MENON, J.
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W.P.(c) No. 41 OF 2014
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Dated this the 3rd day of January, 2014
JUDGMENT
The petitioner who is a 10th standard student of VSV Higher Secondary School, Ezukone, Kollam was a contestant in 'Mohiniyattom' in the Kottarakkara Sub District Youth Festival. It is stated that in the course of dance performance, there was power failure, by virtue of which the dance came to be disrupted in the middle. The petitioner was awarded only 'second prize with A Grade'. In view of improper appreciation and analysis of the credentials of the petitioner, an appeal was preferred before the competent authority. After considering the appeal, the same was rejected as per Ext.P2 order, which according to the petitioner, is per se wrong and unsustainable in all respects and hence the writ petition.
2. The learned counsel for the petitioner submits that the petitioner, by virtue of the power failure, became panic and could not perform properly. It is in the said circumstances, that the petitioner has approached this Court for an opportunity to participate in the District Level W.P.(C)No.41/2014 2 Youth Festival, contending that the petitioner has obtained several awards and that she has already obtained first prize in the 'Kerala Nadanam'.
3. The learned Government Pleader appearing for the respondents submits on instructions that the performance was duly evaluated and the petitioner was awarded 'second prize'. It is also pointed out that, there is a substantial difference of 23 marks between the marks obtained by the petitioner ( 247) and the marks secured by the first prize winner ( 270). The factual position as to the process of evaluation made by the Judging Committee was subjected to scrutiny by the Appellate Committee, who found that there was no merit or bonafides in the case projected and accordingly, interference was declined.
This Court does not find any tenable ground to call for interference. The writ petition is dismissed accordingly.
P.R.RAMACHANDRA MENON
sv. JUDGE
W.P.(C)No.41/2014 2