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Kerala High Court

Sreelakshmi R. (Minor) vs General Convenor on 28 November, 2016

Author: Shaji P.Chaly

Bench: Shaji P.Chaly

        

 
IN THE HIGH COURT OF KERALA AT ERNAKULAM

                              PRESENT:

              THE HONOURABLE MR. JUSTICE SHAJI P.CHALY

     MONDAY, THE 28TH DAY OF NOVEMBER 2016/7TH AGRAHAYANA, 1938

                    WP(C).No. 38053 of 2016 (F)
                    ----------------------------


PETITIONER(S):
-------------

            SREELAKSHMI R. (MINOR), AGED 17 YEARS,
            D/O.RAJU.T., VAZHAVILA, PANANTAMUKKU, KADAKKAVOOR,
            ATTINGAL, THIRUVANANTHAPURAM, 1ST YEAR VHSE,
            GOVT.MODEL BOYS HIGHER SECONDARY & VOCATIONAL HIGHER
            SECONDARY SCHOOL, ATTINGAL, THIRUVANANTHAPURAM,
            REP.BY FATHER RAJU.T.

            BY ADVS.SRI.M.ZIYAD
                    SRI.T.A.PRAKASH

RESPONDENT(S):
--------------

1.          GENERAL CONVENOR, SCHOOL LEVEL YOUTH FESTIVAL,
            GOVT.MODEL BOYS HIGHER SECONDARY & VOCATIONAL HIGHER
            SECONDARY SCHOOL, ATTINGAL, THIRUVANANTHAPURAM-695001.

2.          GENERAL CONVENER, ATTINGAL SUB DISTRICT YOUTH FESTIVAL,
            GOVT.MODEL BOYS HIGHER SECONDARY & VOCATIONAL HIGHER
            SECONDARY SCHOOL, ATTINGAL, THIRUVANANTHAPURAM-695001.

3.          CHAIRMAN, APPEAL COMMITTEE,
            O/O.ASSISTANT EDUCATIONAL OFFICE, ATTINGAL,
            THIRUVANANTHAPURAM-695001.

4.          RAKEDHU MURALI, GOVT.MODEL BOYS HIGHER SECONDARY &
            VOCATIONAL HIGHER SECONDARY SCHOOL, ATTINGAL,
            THIRUVANANTHAPURAM-695001.


            BY GOVERNMENT PLEADER SRI.KANNAN


       THIS WRIT PETITION (CIVIL)  HAVING COME UP FOR ADMISSION  ON
       28-11-2016, THE COURT ON THE SAME DAY DELIVERED THE
       FOLLOWING:


PJ

WP(C).No. 38053 of 2016 (F)
----------------------------


                             APPENDIX

PETITIONER(S)' EXHIBITS
-----------------------

P1         COPY OF THE APPEAL  BEFORE THE CHAIRMAN APPEAL COMMITTEE
           BY THE PETITIONER AND ITS DECISION.


RESPONDENT(S)' EXHIBITS
-----------------------


     NIL.

                                              / TRUE COPY /


                                              P.S. TO JUDGE
PJ



                         SHAJI P. CHALY, J.
                 -----------------------------------------------
                  W.P.(C). No.38053 of 2016
             -----------------------------------------------
        Dated this the 28th day of November, 2016


                              JUDGMENT

Petitioner is a first year Vocational Higher Secondary School student in Government Model Boys' Vocational Higher Secondary School, Attingal. Petitioner and her team participated in "Nadanpattu"competition in School Level Youth Festival conducted by the 1st respondent and secured 2nd place. Being aggrieved, petitioner has preferred an appeal before the Appellate Authority. Appellate Authority has passed Ext.P1 Order dismissing the appeal filed by the petitioner. It is thus challenging Ext.P1, this writ petition is filed.

2. Heard learned counsel for petitioner, learned Government Pleader and perused the documents on record and the pleadings put forth by the petitioner.

3. The Appeal memorandum is not produced along with the writ petition, however, from Ext.P1 order what is discernible is that, there was some technical problem with the microphone used by the petitioner and her team while W.P.(C). No.38053 of 2016 2 performing. However, the Appellate Authority has not considered the grievance put forth by the petitioner instead it said that, there is a difference of 28 marks by and between the petitioner and the team which secured the 1st prize. I do not think, that is an answer or consideration of the grievance voiced by the petitioner in the appeal memorandum.

4. Therefore, I set aside Ext.P1 and direct the Appellate Authority to take on board the appeal submitted by the petitioner and enter into a finding in respect of the grievance voiced by the petitioner within a day from the date of receipt of a copy of this judgment.

Writ petition is disposed of accordingly.

Sd/-

SHAJI P. CHALY JUDGE smv 28.11.2016