Rakhi P R v. The Chairman, District Level Appeal Committee

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE P.R.RAMACHANDRA MENON THURSDAY, THE 8TH DAY OF JANUARY 2015/18TH POUSHA, 1936 WP(C).No. 267 of 2015 (G) -------------------------- PETITIONERS;-:

--------------------------

1. RAKHI P.R., AGED 14 YEARS,MINOR STUDENT, ST.JOSEPH'S C.G.H.S., TRIPUNITHURA REPRESENTED BY MOTHER VIJAYALAKSHMI M.V., W/O.RAJENDRAN K.T., PUTHENVEEDU, DNRA 44, EROOR SOUTH, TRIPUNITHURA.

2. NANDINI KRISHNAKUMAR, AGED 15 YEARS,MINOR STUDENT, ST.JOSEPH'S C.G.H.S., TRIPUNITHURA REPRESENTED BY FATHER KRISHNAKUMAR, VATHAKATT HOUSE, POONITHURA P.O., PETTA.

3. POOJA SALIMKUMAR, AGED 15 YEARS, MINOR STUDENT, ST.JOSEPH'S C.G.H.S., TRIPUNITHURA, REPRESENTED BY FATHER SALIMKUMAR, NJALIYIL HOUSE, EROOR, TRIPUNITHURA.

4. VEENA K.V., AGED 15 YEARS, MINOR STUDENT, ST.JOSEPH'S C.G.H.S., TRIPUNITHURA, REPRESENTED BY FATHER VINOD P.K., KOORAPADATH HOUSE, EROOR WEST P.O., TRIPUNITHURA.

5. ASHA ANILKUMAR, AGED 15 YEARS,MINOR STUDENT, ST.JOSEPH'S C.G.H.S., TRIPUNITHURA, REPRESENTED BY FATHER ANILKUMAR, KULANGARAKATTU HOUSE, EROOR P.O., TRIPUNITHURA.

6. ASWATHY SIVAN, AGED 15 YEARS,MINOR D/O. STUDENT, ST.JOSEPH'S C.G.H.S., TRIPUNITHURA, REPRESENTED BY FATHER P.N.SIVAN, PANAKKAPADATH HOUSE, KARINADU P.O., PUTHENCRUIZ.

7. ASWANI P.V., AGED 15 YEARS, MINOR STUDENT, ST.JOSEPH'S C.G.H.S., TRIPUNITHURA, REPRESENTED BY FATHER P.K.VASU, ASWANI NIVAS, EROOR SOUTH P.O., TRIPUNITHURA.

BY ADV. SRI.JOSY ANTONY 2/-

-2WP(C).NO.267/2015 RESPONDENTS:- -----------------------------

1. THE CHAIRMAN, DISTRICT LEVEL APPEAL COMMITTEE, ERNAKULAM REVENUE DISTRICT SCHOOL KALOLSAVAM 2014-15 & DEPUTY DIRECTOR (EDUCATION), ERNAKULAM, CIVIL STATION, COCHIN - 682 030.

2. THE DISTRICT EDUCATIONAL OFFICER, OFFICE OF THE DISTRICT EDUCATIONAL OFFICER, ERNAKULAM.

3. GENERAL CONVENER, ERNAKULAM REVENUE DISTRICT SCHOOL KALOLSAVAM 2014-15, ERNAKULAM.

R1 TO R3 BY SR GOVERNMENT PLEADER SRI.JOSEPH GEORGE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08-01-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 267 of 2015 (G) -------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- EXHIBIT P1.

TRUE COPY OF THE CERTIFICATE OF MERIT ISSUED TO THE 1ST PETITIONER FOR THE ITEM SANGHA NRUTHAM (GIRLS) IN THE TRIPUNITHURA SUB DISTRICT SCHOOL KALOLSAVAM 2014-15. EXHIBIT P1(A). TRUE COPY OF THE CERTIFICATE OF MERIT ISSUED TO THE 1ST PETITIONER FOR THE ITEM MOHINIYATTAM (GIRLS) IN THE TRIPUNITHURA SUB DISTRICT SCHOOL KALOLSAVAM 2014-15. EXHIBIT P1(B). TRUE COPY OF THE CERTIFICATE OF MERIT ISSUED TO THE 1ST PETITIONER FOR THE ITEM BHARATHANATYAM (GIRLS) IN THE TRIPUNITHURA SUB DISTRICT SCHOOL KALOLSAVAM 2014-15. EXHIBIT P1(C). TRUE COPY OF THE CERTIFICATE OF MERIT ISSUED TO THE 1ST PETITIONER FOR THE ITEM NADODI NRUTHAM(GIRLS) IN THE TRIPUNITHURA SUB DISTRICT SCHOOL KALOLSAVAM 2014-15. EXHIBIT P1(D). TRUE COPY OF THE CERTIFICATE OF MERIT ISSUED TO THE 1ST PETITIONER FOR THE ITEM KUCHUPPUDI(GIRLS) IN THE 26TH ERNAKULAM REVENUE DISTRICT SCHOOL KALOLSAVAM 2013-2014. EXHIBIT P2.

TRUE COPY OF CERTIFICATE OF MERIT ISSUED TO THE 2ND PETITIONER IN THE ITEM SANGHA NRUTHAM(GIRLS) IN THE ERNAKULAM REVENUE DISTRICT SCHOOL KALOLSAVAM 2013-2014. EXHIBIT P2(A). TRUE COPY OF CERTIFICATE OF MERIT ISSUED TO THE 2ND PETITIONER IN THE ITEM SANGHA NRUTHAM(GIRLS) IN THE 54TH KERALA SCHOOL KALOLSAVAM 2013-2014.

EXHIBIT P2(B). TRUE COPY OF CERTIFICATE OF MERIT ISSUED TO THE 2ND PETITIONER IN THE ITEM SANGHA NRUTHAM(GIRLS) IN THE 26TH ERNAKULAM REVENUE DISTRICT SCHOOL KALOLSAVAM 2013-2014. EXHIBIT P3.

TRUE COPY OF THE CERTIFICATE OF MERIT ISSUED TO THE 3RD PETITIONER IN SANGHA NRUTHAM (GIRLS) CONDUCTED IN THE 54TH KERALA SCHOOL KALOLSAVAM 2013-2014.

EXHIBIT P3(A). TRUE COPY OF CERTIFICATE OF MERIT ISSUED TO THE 3RD PETITIONER IN SANGHA NRUTHAM(GIRLS) CONDUCTED IN THE 26TH ERNAKULAM REVENUE DISTRICT SCHOOL KALOLSAVAM 2013-2014.

EXHHIBIT P3(B). TRUE COPY OF CERTIFICATE OF MERIT ISSUED TO THE 3RD PETITIONER IN SANGHA NRUTHAM(GIRLS) CONDUCTED IN THE TRIPUNITHURA SUB DISTRICT SCHOOL KALOLSAVAM 2014-2015. EXHIBIT P4.

TRUE COPY OF CERTIFICATE OF MERIT ISSUED TO THE 4TH PETITIONER IN THE ITEM SANGHA NRUTHAM(GIRLS) CONDUCTED IN THE TRIPUNITHURA SUB DISTRICT SCHOOL KALOLSAVAM 2014-2015. 2/-

-2WP(C).NO.267/2015 EXHIBIT P4(A). TRUE COPY OF CERTIFICATE OF MERIT ISSUED TO THE 4TH PETITIONER IN THE ITEM SANGHA NRUTHAM(GIRLS) CONDUCTED

IN THE ERNAKULAM REVENUE DISTRICT SCHOOL KALOLSAVAM

2012-2013.

EXHIBIT P4(B). TRUE COPY OF CERTIFICATE OF MERIT ISSUED TO THE 4TH PETITIONER IN THE ITEM SANGHA NRUTHAM(GIRLS) CONDUCTED

IN THE TRIPUNITHURA SUB DISTRICT SCHOOL KALOLSAVAM

2012-2013.

EXHIBIT P5.

TRUE COPY OF THE CERTIFICATE OF MERIT ISSUED TO THE 5TH PETITIONER FOR THE ITEM SANGHA NRUTHAM (GIRLS) IN THE 54TH KERALA SCHOOL KALOLSAVAM 2013-2014.

EXHIBIT P5(A). TRUE COPY OF CERTIFICATE OF MERIT ISSUED TO THE 5TH PETITIONER FOR THE ITEM SANGHA NRUTHAM(GIRLS) IN THE 26TH ERNAKULAM REVENUE DISTRICT SCHOOL KALOLSAVAM 2013-2014. EXHIBIT P5(B). TRUE COPY OF CERTIFICATE OF MERIT ISSUED TO THE 5TH PETITIONER IN THE ITEM SANGHA NRUTHAM(GIRLS) IN THE ERNAKULAM REVENUE DISTRICT SCHOOL KALOLSAVAM 2012-2013. EXHIBIT P5(C). TRUE COPY OF CERTIFICATE OF MERIT ISSUED TO THE 5TH PETITIONER FOR THE ITEM SANGHA NRUTHAM(GIRLS) IN THE TRIPUNITHURA SUB DISTRICT SCHOOL KALOLSAVAM 2014-2015. EXHIBIT P6.

TRUE COPY OF THE CERTIFICATE OF MERIT ISSUED TO THE 6TH PETITIONER IN THE ITEM OF SANGHA NRUTHAM (GIRLS) CONDUCTED

IN THE 54TH KERALA SCHOOL KALOLSAVAM 2013-2014.

EXHIBIT P6(A). TRUE COPY OF CERTIFICATE OF MERIT ISSUED TO THE 6TH PETITIONER IN THE ITEM OF SANGHA NRUTHAM(GIRLS) CONDUCTED IN THE 26TH ERNAKULAM REVENUE DISTRICT SCHOOL KALOLSAVAM 2013-2014.

EXHIBIT P7.

TRUE COPY OF CERTIFICATE OF MERIT ISSUED TO THE 7TH PETITIONER FOR THE ITEM OF SANGHA NRUTHAM HELD IN THE ERNAKULAM REVENUE DISTRICT SCHOOL KALOLSAVAM 2012-2013. EXHIBIT P7(A). TRUE COPY OF CERTIFICATE OF MERIT ISSUED TO THE 7TH PETITIONER IN THE ITEM OF SANGHA NRUTHAM HELD IN THE 26TH ERNAKULAM REVENUE DISTRICT SCHOOL KALOLSAVAM 2013-2014. EXHIBIT P7(B). TRUE COPY OF THE CERTIFICATE OF MERIT ISSUED TO THE 7TH PETITIONER FOR THE ITEM OF SANGHA NRUTHAM HELD IN THE 54TH KERALA SCHOOL KALOLSAVAM 2013-2014.

EXHIBIT P8.

TRUE COPY OF THE ORDER NO.F/18209/2014(23) DATED 19.12.2014 PASSED BY THE 1ST RESPONDENT.

RESPONDENT(S)' EXHIBITS:

NIL /TRUE COPY/ P.S.TO.JUDGE

P.R. RAMACHANDRA MENON, J.

.............................................................................. W.P.(C)No.267 OF 2015 ......................................................................... Dated this the 8th January, 2015

J U D G M E N T

The petitioners' team participated in the event -Sangha Nrutham', in the Ernakulam District School Kalolsavam 201415. The petitioners' team came to be sidelined, when the result was published, as a result of which they are not in a position to participate in the State Level Competition. Eventhough they filed an appeal, it came to be rejected. The main ground of challenge is that the stage was not convenient for performing the event and that the carpet was slippery .

2. The learned Government Pleader, on instruction submits that there is no pith or substance in the contentions raised. There is a difference of '27' marks between the petitioners' team and the first price winner's team. It is added that the petitioners' team could achieve only the 5th position.

3. After going through the pleadings and proceedings, and also the contents of Ext.P8 order of the appeal Committee , this Court finds that the petitioners have not established any tenable

W.P.(C)No.267 OF 2015 ground to call for interference. Accordingly, interference is declined and the writ petition is dismissed.

P.R.RAMACHANDRA MENON JUDGE lk