Kerala High Court
State Coordinator vs Prabhitha K.P on 30 November, 2015
Author: Anil K.Narendran
Bench: Anil K.Narendran
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE THE CHIEF JUSTICE MR.MOHAN M.SHANTANAGOUDAR
&
THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN
WEDNESDAY, THE 1ST DAY OF FEBRUARY 2017/12TH MAGHA, 1938
WA.No. 1133 of 2016 () IN WP(C).34884/2015
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AGAINST THE JUDGMENT IN WP(C) 34884/2015 DATED 30-11-2015
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APPELLANT(S)/RESPONDENT NOS.2,3 & 4 :-
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1. STATE COORDINATOR,
KERALA STATE COUNCIL FOR SCIENCE,
TECHNOLOGY AND ENVIRONMENT
SASTHA BHAVAN, PATTOM.P.O.,
THIRUVANANTHAPURAM - 695 004.
2. THE APPELLATE AUTHORITY
KERALA STATE COUNCIL FOR SCIENCE,
TECHNOLOGY AND ENVIRONMENT,
SASTHA BHAVAN, PATTOM.P.O.,
THIRUVANANTHAPURAM - 695 004.
REPRESENTED BY ITS STATE CO-ORDINATOR.
3. STATE ORGANIZING COMMITTEE
KERALA STATE COUNCIL FOR SCIENCE,
TECHNOLOGY AND ENVIRONMENT,
SASTHA BHAVAN, PATTOM.P.O.,
THIRUVANANTHAPURAM - 695 004.
REPRESENTED BY ITS STATE CO-ORDINATOR.
BY ADV. SRI.GEORGE ZACHARIAH, SC
RESPONDENT(S)/PETITIONERS & RESPONDENT NO.1 :-
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1. PRABHITHA K.P., AGED 38 YEARS, D/O.BHASKARAN K.P,
HIGHER SECONDARY SCHOOL TEACHER (BOTONY),
CHANDHAN BROTHERS' HIGHER SECONDARY SCHOOL,
GUIDE TO PETITIONERS 2 TO 6 FOR NATIONAL CHILDREN'S
SCIENCE CONGRESS (NCSC) 2015, VALLIKKUNNU.P.O.,
MALAPPURAM DISTRICT, RESIDING AT KOZHIKKATTIL HOUSE,
MUNNAR POST, KOZHIKODE DISTRICT, PIN - 673 328.
WA.No. 1133 of 2016
2. SREESHMA K, MINOR, AGED 16 YEARS,
REPRESENTED BY HER GUARDIAN-FATHER VIJAYAKRISHNAN K,
MANGIYIL PARAMBU HOUSE, ATHANIKKAL,
VALLIKKUNNU.P.O., MALAPPURAM DISTRICT,
PIN - 673 314.
3. NAVANEETHA K.J., MINOR, AGED 16 YEARS,
REPRESENTED BY HER GUARDIAN - FATHER KRISHNANANDAN,
CHAMPARAMBIL, THISHINAM, VALLIKKUNNU.P.O.,
MALAPPURAM DISTRICT, PIN - 673 314.
4. BINISHITH.C., MINOR, AGED 16 YEARS,
REPRESENTED BY HIS GUARDIAN - FATHER KESAVAN C.,
CHALAKANDY HOUSE, AZHIKKARA, VALLIKKUNNU P.O.,
MALAPPURAM DISTRICT, PIN - 673 314.
5. YADUNATH.K., MINOR, AGED 16 YEARS,
REPRESENTED BY HIS GUARDIAN - FATHER JAYESH M.P.,
GREESHMAM, PARUTHIKKAD, VALLIKKUNNU.P.O.,
MALAPPURAM DISTRICT, PIN - 673 314.
6. KAVYA VINIL.K., MINOR, AGED 15 YEARS,
REPRESENTED BY HER GUARDIAN - FATHER VINIL.K.,
KALLEYEL HOUSE, KOLAKKATTUCHALIL POST,
CHELAMBRA (VIA), MALAPPURAM DISTRICT, PIN - 673 634.
7. DISTRICT COORDINATOR,
NATIONAL CHILDREN'S SCIENCE CONGRESS,
MALAPPURAM DISTRICT, PIN - 676 505.
R1 - R6 BY ADV. SRI.K.M.SATHYANATHA MENON
SMT.KAVERY S THAMPI
THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 01-02-2017,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
MOHAN M. SHANTANAGOUDAR, CJ
&
ANIL K. NARENDRAN, J.
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W.A. No.1133 of 2016
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Dated this the 1st day of February 2017
J U D G M E N T
Mohan M. Shantanagoudar, CJ The judgment dated 30.11.2015 passed in W.P.(C) No.34884 of 2015 is called in question in this appeal. The appellants are respondents 2 to 4 in the said writ petition, which was disposed of by the impugned judgment recording the interim orders already granted therein on 18.11.2015 and 23.11.2015. Thus, practically the said interim orders are confirmed by the impugned judgment.
2. The records reveal that the National Children's Science Congress (for short, 'NCSC') has been conducted with the object of promoting young and talented students to exhibit their creativity and innovativeness in the focal theme, which has been evaluated by experts. Incentives like grace marks for the examinations in 10th and 12th classes are given to the participants in State and National level competitions.
Respondents 2 to 6 have participated in the said competition. There are three stages in the competition, viz; District Level, State Level and National Level. Only if a student W.A. No.1133 of 2016 -: 2 :- gets adequate mark in the District Level competition, he will be permitted to participate in the State Level competition. More meritorious students, who exhibit their creativity and innovativeness in the focal theme in the State Level competition shall be sent for participating in the National Level competition. Respondents 2 to 6 had participated in the District Level competition initially. They were awarded less marks as compared to certain other students. Consequently, they were not selected for State Level Competition. Hence, they filed appeal before the appellate authority as per Ext.P2 following the guidelines prescribed by the National Children's Science Congress, 2015 for preferring such appeal. The said appeal came to be dismissed and the same was communicated to them as per Ext.P4 dated 13.11.2015. Being aggrieved by the same, the respondents approached this Court in the aforesaid writ petition and prayed for interim orders. The learned Single Judge granted interim order on 18.11.2015 directing the authorities to permit respondents 2 to 6 to participate in the State Level competition of NCSC to be held on 20th and 21st of November, 2015 at Thiruvananthapuram.
Armed with such an interim order, they have participated in the State Level competition. However, the results W.A. No.1133 of 2016 -: 3 :- were not published in respect of the said competition. In that context, one more interim order was granted by the learned Single Judge on 23.11.2015 directing the appellants to publish the results of respondents 2 to 6 in respect of the State Level competition. Thereafter, within three days, that is; on 30.11.2015, the said writ petition was disposed of in terms of the interim orders mentioned supra.
3. We find from the order sheet maintained by the Court that no notice was served on any of the appellants, who are respondents in the writ petition. Without notice to them or without even serving copies of the writ petition on the panel counsel of the appellants, the writ petition came to be disposed of. It is needless to observe that the interim orders were passed without issuing notice to them and hearing them. It is to be noted that strangely the Government Pleader was served in the writ petition, though the State is not a party therein. The appellants are the State Organising Committee and authorities under the Kerala State Council for Science, Technology and Environment, who are entrusted with the task of conducting the National Children's Congress. They are represented before this Court by their panel counsel.
W.A. No.1133 of 2016 -: 4 :-
In all fairness, notice ought to have been served on the appellants at the time of granting interim orders or atleast at the time of disposal of the writ petition. Thus, it is clear that the impugned judgment as well as the interim orders passed were all ex parte orders. Hence, it is contended by the appellants that the impugned judgment does not bind upon them and they need not implement the same. Based on such contentions, this writ appeal is filed by them.
4. Firstly, this Court cannot sit as an appellate authority to interfere in the evaluation made by the experts in the field. It is not in dispute that NCSC is a nationwide science communication programme started in the year 1993 by the Department of Science and Technology, Government of India. It is a forum where the children of the age group between 10 to 17 get their chance to exhibit their creativity and innovations and their ability to solve a societal problem experienced locally using the method of science.
Respondents 2 to 6 herein are all upper age groups, i.e., 14 to 17 years. All of them have participated in the focal theme programme, 'weather, climate, society and culture'. In the said programme the students can form into groups not exceeding W.A. No.1133 of 2016 -: 5 :- five children under a guide teacher. They can develop a hypothesis, design experiments, collect data, organise and analyse it, arrive at conclusion, propose practical remedy for the problem identified by the child scientist and submit the same for the District Level Congress/Competition.
The performance of respondents 2 to 6 were evaluated by the District Level Committee on merits and they have found that the project report submitted by the respondents was not suitable to be sent to the State Level competition since more meritorious students were selected to be sent for State Level competition and thereafter to National Level. This Court, while exercising jurisdiction under Article 226 of the Constitution of India, will not act as an appellate authority in such matters, more particularly, when an evaluation was made by the experts in the field. This Court will not also direct the experts to assign marks in a particular fashion, unless the decision making process is arbitrary and unfair. In the absence of any such material, we are of the view that the courts will not interfere in the matter of evaluation of the experimental capacity of the students. Therefore, the learned Single Judge is not justified in granting interim orders as mentioned supra and in confirming the said W.A. No.1133 of 2016 -: 6 :- interim orders while disposing of the writ petition by the impugned judgment. Hence, the impugned judgment is liable to be set aside and we do so.
The writ appeal is allowed. Accordingly, the writ petition stands dismissed.
Sd/-
MOHAN M. SHANTANAGOUDAR CHIEF JUSTICE Sd/-
ANIL K. NARENDRAN JUDGE //TRUE COPY// P.A. TO JUDGE Jvt/4.2.2017