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Madras High CourtWP/30794/2013dismissed

Kumari.K.Mithra (Minor 13 Yrs) v. The State Of Government

2023-03-06Honourable Mr Justice S.M. Subramaniam5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 06.03.2023

CORAM

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM and M.P.Nos.1 & 2 of 2013 Kumari.K.MITHR Minor (aged 13 years) Represented by father and Natural Guardian K.Kumarappan S/o.P.Kuppusamy No.19, Ayyannar Koil Street, G.N.Palayam, Arumparthapuram Puducherry - 110.

...Petitioner

Vs.

1.The State of Government of Puducherry, Rep.by it's the Director of School Education, Jawahar Bal Bhavan, Kamarajar Centenary Education Campus, 2.The Deputy Director (Primary School) Directorate of School Education, Jawahar Children House, 3.Kumari.Nadiammala @ Yuvalatchumi Represented by father and Natural Guardian Sekar 1/5

Jawahar Mini Bala Bhavan Karikkal.

4.P.Jayapriya (father name not known) C/o.Headmaster, Jawahar Mini Bala Bhavan, Bahour, Puducherry.

5.K.Rajeswari (father name not known) C/o.Headmaster, Ramakrishna Parama Hamsam English High School, Karikaiampakkam, ..Respondents Prayer : Writ Petition filed Under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, calling for the records of the 1st respondent relating to the "Results of State Best Child Award 2013 and Balshree Southern Zonal Competition 2013 dated nill, quash the same in so far as it relates to Creative Art (Dance) area and issue consequential directions to conduct fresh selection proceedings for State Best Child Award 2013 and Balshree Southern Region Award in the area of Creative Art (Dance) on different dates and consider the candidature of the petitioner for the Awardees according to prescribed norms. For Petitioner : Mr.J.Muthukumaran For R1 & R2 : Mr.A.Tamilvanan Government Advocate For R3 : No appearance For R4 & R5 : Not Ready in Notice 2/5

ORDER

The writ petition has been filed, challenging the results of State Best Child Award of the year 2013 issued by the Directorate of School Education, Government of Puducherry.

2. The grievance of the writ petitioner is that the merit assessment was not done properly, which resulted in granting of award to an ineligible person.

3. However, this Court is of the considered opinion that the assessment of the competent authority in this regard cannot be questioned ordinarily in a writ proceedings. If at all there is any violation of rules, or mala fide in granting such awards, then alone, the Court can interfere. The merit assessment made by the competent committee or the authorities cannot be challenged by way of a writ petition and the Court not being an expert body, cannot make an independent assessment for the purpose of grant of awards. More so, the award, which is under challenge was granted in the year 2013 and now 10 years lapsed and thus, this Court is not inclined to consider the other grounds raised in the present writ petition. 3/5

4. Accordingly, the writ petition stands dismissed. No costs. Consequently, connected miscellaneous petitions are closed. 06.03.2023 Index : Yes Speaking order/Non-Speaking order kak To 1.The Director of School Education, State of Government of Puducherry, Jawahar Bal Bhavan, Kamarajar Centenary Education Campus, 2.The Deputy Director (Primary School) Directorate of School Education, Jawahar Children House, 4/5

S.M.SUBRAMANIAM, J.

kak 06.03.2023 5/5