Athira v. State Of Kerala
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE P.R.RAMACHANDRA MENON FRIDAY, THE 9TH DAY OF JANUARY 2015/19TH POUSHA, 1936 WP(C).No. 27 of 2015 (C) --------------------------------- PETITIONER(S):
----------------------- ATHIRA BABY, AGED 15 YEARS, (MINOR), D/O.BABY K.D, KANJIRATHINGAL HOUSE, NAZRETH NAGAR ROAD, ANGAMALY P.O., PIN-683 572, REPRESENTED BY HER FATHER AND LAWFUL GUARDIAN, BABY K.D., S/O.DEVASSY, AGED 52, MANJIRATHINGAL HOUSE, NAZRETH NAGAR ROAD, ANGAMALY P.O., PIN-683 572. BY ADV. SRI.MANU ROY RESPONDENT(S):
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1. STATE OF KERALA, REPRESENTED BY THE SECRETARY, DEPARTMENT OF EDUCATION, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM - 695 001.
2. THE DEPUTY DIRECTOR OF EDUCATION, ERNAKULAM DISTRICT - 682 030.
3. THE ASSISTANT EDUCATIONAL OFFICER, ANGAMALY - 683 572.
BY SENIOR GOVERNMENT PLEADER SRI.JOSEPH GEORGE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09-01-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: msv/
WP(C).No. 27 of 2015 (C) ---------------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- EXT. P1- TRUE COPY OF G.O DATED 18.10.12.
EXT. P2- TRUE COPY OF THE COMPLAINT DATED 15.11.2014. EXT. P3- TRUE COPY OF ADMISSION CARD DATED 03.12.14. EXT. P4- TRUE COPY OF THE ORDER DATED 19.12.2014. RESPONDENT(S)' EXHIBITS:
----------------------------------------- NIL //TRUE COPY// P.S.TO JUDGE Msv/
P.R. RAMACHANDRA MENON, J.
----------------------------------- W.P(C). No. 27 of 2015 ------------------------------------------- Dated this the 9th day of January, 2015
J U D G M E N T
The grievance of the petitioner is mainly with regard to the rejection of the appeal preferred against the decision of the 'judging committee' in respect of 'Folk Dance' preformed by the petitioner in the 'Ernakulam District School Youth Festival'. It is stated that despite the best performance put in by the petitioner, she was awarded only the 6th position with 'A' grade. The case is that, there were 'abnormalities' in the judgments and that two Judges were biased. The petitioner filed Ext.P4 appeal, but the same was rejected.
2.
Heard the learned Government Pleader as well, who submits on instructions that there is no merit in the case and that the judges have awarded marks in a uniform manner and that there is a difference of 15 marks between the petitioner's team and the first prize winner.
3.
After hearing both the sides this Court finds that there is absolutely no merit or bonafides in the writ petition. It is not proper for this Court to grant an opportunity to the petitioner who
WP(c). No.27 of 2015 secured only the 6th place, without any regard to the plight of the children who are placed at the position from two to five. Accordingly, interference is declined and the writ petition stands dismissed accordingly.
Sd/- P.R. RAMACHANDRA MENON, JUDGE.
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