Sreelakshmi.S.R v. The General Convenor

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE P.R.RAMACHANDRA MENON WEDNESDAY, THE 14TH DAY OF JANUARY 2015/24TH POUSHA, 1936 WP(C).No. 1337 of 2015 (N) --------------------------- PETITIONER :

----------------------- SREELAKSHMI.S.R., AGED 15 YEARS, MINOR, REPRESENTED BY HER GUARDIAN MOTHER SMT.SREEJA C., W/O.RAJESH,CHENGOTT HOUSE, VALAMBOOR P.O., MALAPPURAM DISTRICT - 679 325 BY ADV. SRI.U.K.DEVIDAS RESPONDENT(S):

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1. THE GENERAL CONVENOR, SCHOOL KALOLSAVAM, RAJAS HIGH SCHOOL, KOTTAKKAL MALAPPURAM DISTRICT - 676 503.

2. THE DEPUTY DIRECTOR OF EDUCATION, MALAPPURAM, MALAPPURAM DISTRICT - 676 101.

R1 & R2 BY SR GOVERNMENT PLEADER SRI.JOSEPH GEORGE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 14-01-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No. 1337 of 2015 (N) --------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- EXT.P1 - TRUE COPIES OF THE CERTIFICATES EXT.P2 - TRUE COPY OF THE RECEIPT FOR THE FILING OF APPEAL DATED 06-01-2015 RESPONDENT(S)' EXHIBITS:

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

P.R. RAMACHANDRA MENON, J.

======================== W.P.(C). No. 1337 of 2015 -------------------------------------------- Dated this the 14th day of January, 2015

JUDGMENT

The petitioner participated in the event 'Kuchuppudi' in the District Youth Festival 2014-15 and got A grade. But since no first prize was obtained, she is not eligible to participate in the State Level Competition. The performance was affected by the low quality of light and sound. The appeal filed before the first respondent on the very same day raising the said ground is not decided till this date and hence the writ petition.

2. The learned Government Pleader submits on instructions that, the 1st prize winner got 256 marks and the petitioner got only 221 marks and is in the 18th place. It is submitted that there was no defect as alleged and that no such instance was reported by the stage Manager. It is also added that the defect if at all any, was applicable to all other participants.

3. After going through the pleadings and proceedings and the submissions made by the learned Government Pleader, this Court finds that the petitioner has not established any tenable ground to call for interference. If at all the petitioner is to be given a chance, all other better-rated candidates from position No. 2 to 17 and who may have

W.P.C. No. 1337 of 2015 -2no much financial support to approach this Court will stand to lose. That apart, unmerited appeals will flood the event taking it prolonged to odd hours in the night adversely affecting the rights and interests of all concerned; giving rise to a cause for others to complain of belated start and such other adverse consequences; which is a common ground in several cases before this Court. Accordingly, interference is declined and the writ petition is dismissed. P.R. RAMACHANDRA MENON, JUDGE.

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