Kerala High Court
Mohammed Anas. M vs The State Of Kerala on 7 January, 2017
Author: Shaji P. Chaly
Bench: Shaji P.Chaly
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
TUESDAY, THE 17TH DAYOF JANUARY 2017/27TH POUSHA, 1938
WP(C).No. 1566 of 2017 (U)
---------------------------
PETITIONER(S):
-------------------------
MOHAMMED ANAS. M., AGED 17 YEARS,
S/O. SAINUDHEEN, MALAYIL, KOTTAKKAL,
KAVADIKALAM, CHEENAPUTHOOR, KOTTAKKAL,
MALAPPURAM DISTRICT-676 503,
12TH STANDARD, I.K.T.H.S. SCHOOL,
CHERUKULAMBA, MALAPPURAM DISTRICT,
REPRESENTED BY HIS NEXT FRIEND AND MOTHER,
SMT.AYISHA K., W/O. SAINUDHEEN, AGED 39 YEARS,
MALAYIL, KOTTAKKAL, KAVADIKALAM, CHEENAPUTHOOR,
KOTTAKKAL, MALAPPURAM DISTRICT-676 503.
BY ADVS.SRI.K.M.FIROZ,
SMT.M.SHAJNA,
SMT.UMMUL FIDA,
SRI.E.C.AHAMED FAZIL.
RESPONDENT(S):
---------------------------
1. THE STATE OF KERALA,
REPRESENTED BY ITS SECRETARY,
GENERAL EDUCATION DEPARTMENT,
SECRETARIAT, THIRUVANANTHAPURAM-1.
2. THE DEPUTY DIRECTOR OF EDUCATION,
OFFICE OF THE DEPUTY DIRECTOR OF EDUCATION,
KOZHIKODE-676 519, (THE GENERAL CONVENOR,
PROGRAM COMMITTEE AND CHAIRMAN,
APPEAL COMMITTEE MALAPPURAM DISTRICT SCHOOL
KALOLSAVAM 2016-17).
3. THE PROGRAMME COMMITTEE,
57 TH KERALA SCHOOL KALOLSAVAM 2016-17,
REPRESENTED BY ITS GENERAL CO-ORDINATOR,
DIRECTOR OF PUBLIC INSTRUCTION,
DIRECTORATE OF PUBLIC INSTRUCTIONS,
JAGATHI, THIRUVANANTHAPURAM.
WP(C).No. 1566 of 2017 (U)
4. PPM HIGH SECONDARY SCHOOL,
KOTTUKKARA, KONDOTTY,MALAPPURAM DISTRICT,
REPRESENTED BY ITS MANAGER.
5. PKMM HIGHER SECONDARY SCHOOL,
EDARIKODE, VENGARA, MALAPPURAM DISTRICT,
REPRESENTED BY ITS MANAGER.
R1 TO R3 BY SR. GOVT. PLEADER SMT.K.R. DEEPA.
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD
ON 17-01-2017, THE COURT ON THE SAME DAY DELIVERED
THE FOLLOWING:
rs.
WP(C).No. 1566 of 2017 (U)
APPENDIX
PETITIONER'S EXHIBITS:-
EXHIBIT P1 A TRUE COPY OF THE PROGRAMME SCHEDULE FOR THE
29TH MALAPPURAM REVENUE DISTRICT SCHOOL
KALOLSAVAM 2016-17.
EXHIBIT P2 TRUE COPIES OF THE PHOTOGRAPHS TAKEN DURING THE
COMPETITION OF THE PETITIONER'S TEAM ON 07.01.2017 AT
ABOUT 4.17 P.M.
EXHIBIT P3 TRUE COPIES OF THE PHOTOGRAPHS TAKEN DURING THE
COMPETITION OF THE TEAM GHS SCHOOL, OTHUKUNGAL,
VENGARA ON 07.01.2017.
EXHIBIT P4 A TRUE COPY OF THE LIST OF WINNERS/SCORE SHEET IN 993-
KOLKALI (BOYS) DATED 07.01.2017.
EXHIBIT P5 A TRUE COPY OF THE APPEAL PREFERRED BY THE PETITIONER
BEFORE THE APPEAL COMMITTEE DATED 07.01.2017.
EXHIBIT P6 A TRUE COPY OF THE ORDER DATED 13.01.2017 PASSED BY THE
MALAPPURAM DISTRICT SCHOOL KALOLSAVAM APPEAL
COMMITTEE IN APPEAL PREFERRED BY THE PETITIONER.
EXHIBIT P7 A TRUE COPY OF THE ORDER DATED 13.01.2017 PASSED BY THE
MALAPPURAM DISTRICT SCHOOL KALOLSAVAM APPEAL
COMMITTEE IN APPEAL PREFERRED BY SALMAN FARIS K.
FROM IKMHS SCHOOL, KOTTOOR.
EXHIBIT P8 A TRUE COPY CERTIFICATE IN 56TH KERALA SCHOOL
KALOLSAVAM 2015-16 ISSUED IN FAVOUR OF THE PETITIONER.
EXHIBIT P8(A) A TRUE COPY CERTIFICATE IN 56TH KERALA SCHOOL
KALOLSAVAM 2015-16 ISSUED IN FAVOUR OF MUJEEB RAHMAN.
EXHIBIT P9 A TRUE COPY CERTIFICATE IN 55TH KERALA SCHOOL
KALOLSAVAM 2014-2015 ISSUED IN FAVOUR OF THE PETITIONER.
EXHIBIT P9(A) A TRUE COPY CERTIFICATE IN 55TH KERALA SCHOOL
KALOLSAVAM 2014-2015 ISSUED IN FAVOUR OF MUJEEB RAHMAN
EXHIBIT P10 A TRUE COPY CERTIFICATE IN 54TH KERALA SCHOOL
KALOLSAVAM 2013-2014 ISSUED IN FAVOUR OF THE PETITIONER.
....2/-
WP(C).No. 1566 of 2017 (U)
EXHIBIT P10(A) A TRUE COPY CERTIFICATE IN 54TH KERALA SCHOOL
KALOLSAVAM 2013-2014 ISSUED IN FAVOUR OF MUJEEB RAHMAN.
RESPONDENT'S EXHIBITS:- NIL.
//TRUE COPY//
rs. P.S.TO JUDGE
SHAJI P. CHALY, J.
-----------------------------------------------
W.P.(C). No.1566 of 2017
-----------------------------------------------
Dated this the 17th day of January, 2017
JUDGMENT
Petitioner along with 11 other students participated in the Malappuram Revenue District School Kalolsavam 2016- 2017 in the item 'Kolkali (Boys)' competition in Higher Secondary School category. Petitioner and his team could secure only 5th place with A grade. Being disabled to participate in the State School Kalolsavam, petitioner has preferred Ext.P5 appeal before the Appellate Committee constituted for the purpose under the Manual of Guidelines and has suffered with Ext.P6 order. It is thus challenging Ext.P6 and seeking other consequential reliefs this writ petition is filed.
2. Heard learned counsel for petitioner, learned Senior Government Pleader and perused the documents on record and the pleadings put forth by the petitioner.
3. On a perusal of Ext.P5 appeal memorandum, the predominant grounds raised by the petitioner in the appeal is W.P.(C). No.1566 of 2017 2 that, when the performance was staged by the petitioner and his team sun light was passing through the temporary ceiling which caused inconvenience to the performance of the petitioner and thus petitioner and his team could not perform well. Other grounds are raised by the petitioner with respect to high sound emanated from other programmes staged close to the stage in which the petitioner and his team was performing. It is also stated that, during the previous years, petitioner and his team had participated in State School Kalolsavam and secured A grade. The Appellate Committee considered the grievance voiced by the petitioner and has found that, there was no defect to the stage as Stage Manager has reported that, the stage was sufficiently prepared to suit the performance of the participants with respect to the Kolkali. It is also stated that, there is a considerable difference of 18 marks by and between the petitioner and the 1st rank holder. That apart, it is stated that, the Appellate Committee has decided the appeal in accordance with the provisions of Manual of Guidelines. Learned counsel for W.P.(C). No.1566 of 2017 3 petitioner submitted that, copy of the order was communicated to the petitioner after 5 days.
4. Taking note of the respective submissions, I am of the considered opinion that, petitioner has not made out any ground warranting interference of this court to Ext.P6 order, especially due to the fact that, sufficient reasons are assigned in Ext.P6 order. Petitioner is also not having a case that, petitioner was not heard before Ext.P6 order was passed.
5. Viewed in any circumstances, writ petition cannot be entertained and the relief sought for by the petitioner can be granted.
Resultantly writ petition fails and accordingly it is dismissed.
Sd/-
SHAJI P. CHALY JUDGE smv 17.1.2017