Kerala High Court
Shajohn Jonas vs State Of Kerala on 17 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 17TH DAY OF JANUARY 2014/27TH POUSHA, 1935
WP(C).No. 1845 of 2014 (E)
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PETITIONER(S):
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SHAJOHN JONAS,
STUDENT OF STANDARD NO.IX,
MALABAR CHRISTIAN COLLEGE HIGHER SECONDARY SCHOOL,
MCC CROSS ROAD , VELLAYIL,
KOZHIKODE 673 001
REPRESENTED BY HIS FATHER AND NATURAL GUARDIAN
SHERONE FRANK, AGED 45 YEARS S/O.LATE N.J.VICTOR,
D-2 BUSHRA APARTMENTS,
JAWAHAR NAGAR COLONY MAIN ROAD,
ERANJIPALAM P.O CALICUT -673 006.
BY ADV. SRI.C.S.ARUN SHANKAR
RESPONDENT(S):
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1. STATE OF KERALA,
REPRESENTED BY THE SECRETARY TO GOVERNMENT,
GENERAL EDUCATION DEPARTMENT,SECRETARIAT,
TRIVANDRUM PIN 695 001.
2. THE DEPUTY DIRECTOR OF EDUCATION,
KOZHIKODE REVENUE DISTRICT,
KOZHIKODE 673 001.
3. THE PROGRAMME COMMITTEE,
54TH STATE LEVEL SCHOOL KALOLSAVAM,
REPRESENTED BY ITS GENERAL CONVENOR,
PALAKKAD, PIN 686 001.
BY SENIOR GOVERNMENT PLEADER SMT.M.J.RAJASREE.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 17-01-2014, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
rvs/
WP(C).No. 1845 of 2014 (E)
APPENDIX
PETITIONER(S)' EXHIBITS :
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EXHIBIT P1 TRUE COPY OF THE CERTIFICATES ISSUED TO THE
PETITIONER IN THE EVENTS OF BHARATA NATYAM,IN THE SUB
DISTRICT LEVEL SCHOOL KALOLSAVAM 2013-14.
EXHIBIT P2 TRUE COPIES OF THE CERTIFICATES ISSUED TO THE
PETITIONER IN THE EVENTS OF FOLK DANCE, IN THE SUB
DISTRICT LEVEL SCHOOL KALOLSAVAM 2013-14.
EXHIBIT P3 A TRUE COPY OF THE MEDICAL CERTIFICATE.
EXHIBIT P4 A TRUE COPY OF THE ORDER PASSED BY THE 2ND
RESPONDENT.
EXHIBIT P5 A TRUE COPY OF THE RELEVANT EXTRACTS OF THE
KALOTSAVAM MANUAL.
RESPONDENT(S)' EXHIBITS:
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NIL.
/true copy/
P.A.TO JUDGE
rvs/
P.R. RAMACHANDRA MENON, J.
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W.P.(C)No.1845 OF 2014
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Dated this the 17th January, 2014
J U D G M E N T
The petitioner was a participant of the event
-Bharatanatyam and Folk dance in the Kozhikode Revenue District School Kalolsavam 2013-14. When the result was published, the petitioner was disqualified, aggrieved of which, though the petitioner filed appeal, the same did not turned to be fruitful, as borne by Ext.P4 order. Hence this writ petition.
2. Heard the learned Government Pleader as well.
3. The learned Counsel for the petitioner points out with reference to Ext.P3 medical certificate that the petitioner had suffered an injury on the shoulder on 03.11.2013 and that because of injury, the petitioner was wearing Bandage, and it was properly concealed. Though she performed well, it was not properly evaluated. Hence the challenge.
4. Admittedly, the petitioner was suffering from an injury and the petitioner was advised to take leave for two months from 03.11.2013. In any view of the matter, the challenge , stated as raised was with reference to some technical problems. What W.P.(C)No.1845 OF 2014 2 was the technical problem is not discernible and no copy of the appeal memorandum is produced. It is seen that the grounds raised in the appeal were considered by the Appeal Committee and it was after considering all the relevant aspects, that Ext.P4 verdict was passed. This Court finds that no tenable ground has been raised in the writ petition to call for interference. The writ petition is dismissed.
P.R.RAMACHANDRA MENON JUDGE lk