Sonia Shaji v. The Director Of Public Instruction, Thiruvananthapuram

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE P.R.RAMACHANDRA MENON MONDAY, THE 12TH DAY OF JANUARY 2015/22ND POUSHA, 1936 WP(C).No. 807 of 2015 (A) -------------------------- PETITIONER :

----------------------- SONIA SHAJI, PLUS ONE STUDENT, ST.RERESAS SCHOOL ERNAKULAM (MINOR REPRESENTED BY HER FATHER AND GUARDIAN SHAJI K.R., NIFPHATT STAFF QUARTERS, BLOCK -4, B3, KATHRUKADAVU, KOCHI - 18) BY ADVS.SRI.K.MOHANAKANNAN SMT.A.R.PRAVITHA RESPONDENT(S):

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1. THE DIRECTOR OF PUBLIC INSTRUCTION, (GENERAL CO-ORDINATOR, KERALA SCHOOL KALOLSAVAM 2014- 2015) THIRUVANANTHAPURAM-695 001

2. THE CHAIRMAN, APPEAL COMMITTEE ERNAKULAM REVENUE DISTRICT YOUTH FESTIVAL OFFICE OF THE DEPUTY DIRECTOR OF EDUCATION, THRIKKAKARA CIVIL STATION, KOCHI - 30.

3. GENERAL CONVENOR, KERALA SCHOOL YOUTH FESTIVAL 2014-15, KOZHIKODE - 673 001.

4. GOPIKA VASANTH, PLUS TWO STUDENT, KPMVHSS, POOTHOTTA, ERNAKULAM - 682 307.

5. SURTHI M.S., PLUS TWO STUDENT ST.AUGUSTIANS GIRLS H.S.S MUVATTUPUZHA, ERNAKULAM - 686 661.

R1 TO R3 BY GOVERNMENT PLEADER SRI.JOSEPH GEORGE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12-01-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

sts

WP(C).No. 807 of 2015 (A) ------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- P1 - TRUE COPY OF THE PARTICIPANT'S CARD ISSUED TO THE PETITIONER. P2 - TRUE COPY OF THE RESULTS OF THE ITEM KUCHUPUDI (GIRLS). P3 - TRUE COPY OF THE APPEAL MEMORANDUM DATED NIL SUBMITTED BY THE PETITIONER.

P4 - TRUE COPY OF ORDER NO.F1/18209/2014(17) PASSED BY THE 2ND RESPONDENT DT. 19.12.14.

P5 - TRUE COPY OF APPEAL WITH A COPY OF THE ORDER IN THE APPEAL. P6 - TRUE COPY OF ORDER OF THE 2ND RESPONDENT DT. 19.12.14. P7 - TRUE COPY OF RELEVANT PAGE OF THE MATHRUBHUMI DAILY DT. 22.1.14. RESPONDENT(S)' EXHIBITS:

NIL /TRUE COPY/ P.A.TO.JUDGE sts

P.R. RAMACHANDRA MENON, J.

--------------------------------------- W.P.(C) No.807 of 2015 --------------------------------------- Dated this the 12th day of January, 2015

JUDGMENT

The petitioner participated in 'Kuchipudi' competition in Ernakulam Revenue District Kalolsavam 2014-2015. The learned counsel for the petitioner submits that, the event had to be started at 6pm on 02.12.2014, but it could be performed at 1.45am on 03.12.2014, which affected her performance and thus the petitioner could secure only the 2nd prize in the competition. Grievance of the petitioner is that, the appeal preferred against the decision did not turn to be fruitful and the same was rejected as per Ext.P4 order, which is under challenge in this writ petition.

2. The factual position was got ascertained by the learned Government Pleader, who submits that Ext.P5 appeal preferred on similar ground was considered and allowed.

3. In the said circumstances, this Court finds that the petitioner herein, who was awarded 2nd place should be given an opportunity to participate in the State Level Youth Festival, 2015 to be held at Kozhikode. Accordingly, respondents are directed to

W.P.(C) No.807 of 2015 give an entry to the petitioner to perform in the concerned event in the State Level competition, which shall be provisional and subject to the norms and guidelines as per the manual issued by the competent authority in this regard.

The writ petition is disposed of.

The petitioner shall produce a copy of the judgment along with a copy of the writ petition before the concerned respondent for further steps P.R. RAMACHANDRA MENON, JUDGE sp