Kerala High Court
Athulya A.V. (Minor) vs The Organising Committee on 21 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
TUESDAY,THE 21ST DAY OF JANUARY 2014/1ST MAGHA, 1935
WP(C).No. 1771 of 2014 (V)
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PETITIONER :
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ATHULYA A.V. (MINOR),
STD.IX, BBGHS, NANGIYARKULANGARA
ALAPPUZHA
REPRESENTED BY HER FATHER SRI.SURESH BABU, AGED 47
S/O.KARUNAKARAN NAIR, VANDANAM, CHERTHALA P.O.,
HARIPPAD, ALAPPUZHA DISTRICT.
BY ADVS.SRI.ARAVINDA KUMAR BABU T.K.
SRI.C.P.PRADEEP
RESPONDENTS :
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1. THE ORGANISING COMMITTEE
FOR THE 26TH ALAPPUZHA REVENUE DISTRICT KALOTSAVAM
REPRESENTED BY ITS GENERAL CONVENOR-688001.
2. THE APPELLATE COMMITTEE,
26TH ALAPPUZHA REVENUE DISTRICT KALOTSAVAM
REPRESENTED BY DEPUTY DIRECTOR OF EDUCATION
ALAPPUZHA-688001.
3. THE ORGANISING COMMITTEE
FOR THE 54TH KERALA SCHOOL KALOTSAVAM 2013-2014,
REPRESENTED BY THE CONVENOR
PROGRAMME COMMITTEE, PALAKKAD-678001.
4. THE DIRECTOR OF PUBLIC INSTRUCTION,
THIRUVANANTHAPURAM-695001.
BY SR. GOVT. PLEADER SRI. JOSEPH GEORGE
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 21-01-2014, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
Mn
...2/-
WP(C).No. 1771 of 2014 (V)
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APPENDIX
PETITIONERS' EXHIBITS :
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EXT.P1 TRUE COPY OF THE INCIDENT WAS PROMINENTLY REPORTED
MALAYALA MANORAMA DAILY ON 06.01.2014.
EXT.P1(a) TRUE COPY OF THE INCIDENT WAS PROMINENTLY REPORTED
DESHABHIMANI DAILY ON 06.01.2014.
EXT.P2 TRUE COPY OF THE CERTIFICATE OF MERITS AWARDED TO THE
PETITIONER AND TO HER TEAM MEMBERS.
EXT.P3 TRUE COPY OF THE REJECTION ORDER FROM THE 2ND
RESPONDENT.
RESPONDENT(S)' EXHIBITS : NIL
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//TRUE COPY//
P.S. TO JUDGE
Mn
P.R. RAMACHANDRA MENON, J.
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W.P.(C)No.1771 OF 2014
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Dated this the 21st January, 2014
J U D G M E N T
The petitioner was a member of the team for the event
-Group Dance in the Alappuzha Revenue District School Kalolsavam. Since the first prize was denied to the petitioner, an appeal was preferred, which did not turn to be fruitful, as borne by Ext.P3, thus driving the petitioner to approach this Court.
2. The learned Counsel for the petitioner submits that two different events were performed simultaneously in which students had to participate, as a result of which there was some confusion.
3. The learned Government Pleader, on the basis of the instruction, submits that since Bharatanatyam and Kuchippudy events were finalised almost simultaneously at 4..57 p.m, the organizers, taking note of the facts and circumstances, waited for the petitioner's team to come to the stage and it was accordingly, that the petitioner's team was permitted to participate in the event at 5.30 p.m. The learned Government Pleader also points out that the hue and cry raised by some others was only because of the delay caused in performance of the event, which W.P.(C)No.1771 OF 2014 2 in fact was for the benefit of the petitioner, as the organizers waited for the petitioner's team.
4. Despite the opportunity given, as above, the petitioner's team could secure only a total of 246.5 with 'A' Grade, whereas the first prize winner got 255 marks and the petitioner's team stands placed at 4th. The performance of the petitioner's team was evaluated by the Judging Committee as well as the Appeal Committee and specific reasons have been given as mentioned in Ext.P3.
After hearing both the sides, this Court finds that this is not a fit case to invoke the discretionary jurisdiction of this Court. Accordingly, the writ petition is dismissed.
P.R.RAMACHANDRA MENON JUDGE lk