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High Court of KeralaWP(C)/1375/2015dismissed

Archana v. State Of Kerala

2015-01-14Honourable Mr.Justice P.R.Ramachandra Menon6 pages

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 PETITIONER(S):

---------------------- ARCHANA KS, AGED 14 YEARS, D/O.SAJEEVAN KOTTANATH HOUSE, STUDING IN 9TH STANDARD, VIDHYADHIRAJA, VIDHYA BHAVAN HIGHER SECONDARY SCHOOL, ALUVA (MINOR), REPRESENTED BY MOTHER DEEPA W/O.SAJEEVAN, AGED 42 YEARS, KAPPRASSERI, NEDUMBASSERY P.O., ALUVA, ERNAKULAM.

BY ADVS.SRI.PAUL K.VARGHESE SMT.A.A.GEETHA RESPONDENT(S):

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1. STATE OF KERALA, REPRESENTED BY SECRETARY (EDUCATION DEPARTMENT) GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-01.

2. THE DIRECTOR OF PUBLIC INSTRUCTIONS, THIRUVANANTHAPURAM-01.

3. THE DEPUTY DIRECTOR OF EDUCATION, CIVIL STATION, KAKKANAD, COCHIN-682030.

4. THE PROGRAM COMMITTEE CONVENER, KERALA KALOTHSAVOM, CHRISTIAN COLLEGE, KOZHIKODE.

5. THE APPEAL COMMITTEE, REPRESENTED BY ITS CHAIRMAN DEPUTY DIRECTOR OF EDUCATION CIVIL STATION, KAKKANAD, ERNAKULAM, PIN-682 030.

BY SENIOR 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:

APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- EXHIBIT P1A: A TRUE COPY FO THE 'A' GRADE CERTIFICATE OF MERIT SECURED BY THE PETITIONER IN THE KERALA SCHOOL KALOTSAVAM 20122013 OF ANGAMALI SUB DISTRICT IN KUCHUPUDI ERNAKULAM REVENUE DISTRICT KERALA SCHOOL KALOTHSAVAM IN KUCHIPUDI DURING THE YEAR 2012-2013 DATED 23.11.2012 EXHIBIT P2A: A TRUE COPY OF A GRADE CERTIFICATE OF MERIT SECURED BY THE PETITIONER FOR NADODI NRITHAM IN THE 24TH ERNAKULAM REVENUE DISTRICT KERALA SCHOOL KALOTHSAVAM DURING THE YEAR 2011-2012 DATED 06.01.2012 EXHIBIT P3:

A TRUE COPY FO THE 'A' GRADE CERTIFICATE OF MERIT SECURED BY THE PETITIONER FOR NADODI BRITHAM (GIRLS) IN THE ERNAKULAM REVENUE DISTRICT SCHOOL KALOTHSAVAM DURING THE YEAR 2012-2013 DATED NIL EXHIBIT P4:

A TRUE COPY OF THE A GRADE CERTIFICATE ISSUED TO THE PETITIONER FOR MOHINIYATTAM IN THE ANGAMALY SUB DISTRICT KERALA SCHOOL KALOTHSAVAM DURING THE YEAR 2011-12 DATED 01.11.2011 EXHIBIT P5;

A TRUE COPY OF THE A GRADE CERTIFICATE OF MERIT ISSUED TO THE PETITIONER IN NADODI NRITHAM FOR ERNAKULAM REVENUE DISTRICT SCHOOL KALOTHSAVAM DURING THE YEAR 2012-2013 DATED NIL EXHIBIT P6:

A TRUE COPY OF THE A GRADE CERTIFICATE OF MERIT SECURED BY THE PETITIONER FOR NADODI NRITHAM IN THE ALUVA SUB DISTRICT SCHOOL KALOLSAVAM DURING THE YEAR 2013-2014 DATED 30.11.2013 EXHIBIT P7:

A TRUE COPY OF A GRADE CERTIFICATE OF MERIT SECURED BY THE PETITIONER FOR KERALA NADANAM IN 26TH ERNAKULAM REVENUE DISTRICT SCHOOL KALOTSAVAM FOR THE PERIOD OF 2012-13 DURING THE YEAR 2013-2014 DATED 09.01.2014 EXHIBIT P8:

A TRUE COPY OF THE A GRADE CERTIFICATE ISSUED TO THE PETITIONER FOR MOHINIYATTAM IN THE ANGAMALY SUB DISTRICT KERALA SCHOOL KALOTHSAVAM FOR THE PERIOD 2012-13 DURING THE YEAR 2012-2013 DATED 23.11.2012 EXHIBIT P9:

A TRUE COPY OF A GRADE CERTIFICATE SECURED BY THE PETITIONER IN KUCHIPUDI IN ANKAMALY SUB-DISTRICT KERALA SCHOOL KALOTHSAVAM 2011-2012 IS DATED 01.11.2011 ....2/-

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EXHIBIT P10: A TRUE COPY OF THE A GRADE MERIT CERTIFICATE SECURED BY THE PETITIONER IN NADODI NRITHAM ANGAMALI IN SUB DISTTRICT KERALA SCHOOL KALOTHSAVAM DURING THE YEAR 2012-2013 DATED 23.11.2012 EXHIBIT P11:

A TRUE COPY OF THE A GRADE MERIT CERTIFICATE SECURED BY THE PETITIONER FOR BHARATHANATYAM IN ANGAMALI SUBDISTRICT KERALA SCHOOL KALOTHSAVAM DURING THE YEAR 20092010 DATED 20.11.2009 EXHIBIT P12: A TRUE COPY OF THE A GRADE MERIT CERTIFICATE SECURED BY THE PETITIONER IN NADODI NRITHAM IN ANGAMALI SUB-DISTRICT KERALA SCHOOL KALOTHSAVAM DURING THE YEAR 2010 DATED 01.12.2010 EXHIBIT P13: A TRUE COPY OF THE A GRADE CERTIFICATE OF MERIT SECURED BY THE PETITIONER FOR KERALA NADANAM (GIRLS) IN ALUVA IN SUBDISTRICT KERALA SCHOOL KALOTHSAVAM DURING THE YEAR 20132014 DATED 30.11.2013 EXHIBIT P14: A TRUE COPY OF THE A GRADE MERIT CERTIFICATE SECURED BY THE PETITIONER FOR NADODI NRITHAM IN ANGAMALI SUB DISTRICT KERALA SCHOOL KALOTHSAVAM DURING THE YEAR 2011-2012 DATED 01.11.

2011 EXHIBIT P15: A TRUE COPY OF THE A GRADE MERIT CERITIFCATE SECURED BY THE PETITIONER FOR NADODI NRITHAM IN ANGAMALI SUB DISTRICT KERALA SCHOOL KALOTHSAVAM DURING THE YEAR 2009-2010 DATED 20.11.2009 EXHIBIT P16: A TRUE COPY OF THE CERTIFICATE OF FIRST PRIZE WON BY THE PETITIONER FOR FOLK DANCE IN THE ST.FRANCIS ASSISI U.P.SCHOOL FESTIVAL IN THE YEAR 2012 DATED 07.09.2012 EXHIBIT P17: A TRUE COPY OF THE CERTIFICATE OF FIRST PRIZE WON BY THE PETITIONER FOR KUCHIPUDI IN THE ST. FRANCIS ASSISI UP SCHOOL FESTIVAL IN THE YEAR 2012 DATED 07.09.2012 EXHIBIT P18: A TRUE COPY OF THE CERTIFICATE OF MERIT SECURED BY THE PETITIONER FOR LIGHT MUSIC IN THE ST. FRANCIS ASSISI UP SCHOOL FESTIVAL IN THE YEAR 2012 DATED 07.09.2012 EXHIBIT P19: A TRUE COPY FO THE CERTIFICATE OF FIRST PRIZE WON BY THE PETITIONER FOR FOLK DANCE IN THE ST.

FRANCIS ASSISI UP SCHOOL FRESTIVAL IN THE YEAR 2011 DATED 26.08.2011 EXHIBIT P20: A TRUE COPY FO THE CERTIFICATE OF FIRST PRIZE WON BY THE PETITIONER FOR MOHINIYATTAM IN THE ST.FRANCIS ASSISI UP SCHOOL FESTIVAL IN THE YEAR 2011 DATED 26.08.2011 ....

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EXHIBIT P21: A TRUE COPY OF THE CERTIFICATE OF FIRST PRIZE WON BY THE PETITIONER FOR FOLK DANCE IN THE ST.FRANCIS ASSISI UP SCHOOL FESTIVAL IN THE YEAR 2009 DATED 25.08.2009 EXHIBIT P22: A TRUE COPY OF THE CERTIFICATE OF FIRST PRIZE WON BY THE PETITIONER FOR BHARATHANATYAM IN THE ST. FRANCIS ASSISIS UP SCHOOL FESTIVAL IN THE YEAR 2009 DATED 25.08.2011. EXHIBIT P23: A TRUE COPY OF THE CERTIFICATE OF FIRST PRIZE WON BY THE PETITIONER FOR KUCHIPUDI IN THE ST. FRANCIS ASSISI UP SCHOOL FESTIVAL IN THE YEAR 2011 DATED 26.08.2011 EXHIBIT P24: A TRUE COPY OF THE CERTIFICATE OF FIRST PRIZE WON BY THE PETITIONER FOR BHARATHANATYAM IN THE ST.FRANCIS ASSISI UP SCHOOL FESTIVAL IN THE YEAR 2010 DATED 15.09.2010 EXHIBIT P25: A TRUE COPY FO THE CERTIFICATE OF FIRST PRIZE WON BY THE PETITIONER FOR MOHINIYATTAM IN THE ST.

FRANCIS ASSISI UP SCHOOL FESTIVAL IN THE YEAR 2012 DATED 07.09.2012. EXHIBIT P26: A TRUE OF THE CERTIFICATE OF FIRST PRIZE WON BY THE PETITIONER FOR BHARATHANATYAM IN THE ST.FRANCIS ASSISI UP SCHOOL FESTIVAL IN THE YEAR 2010 DATED 15.09.

2010 EXHIBIT P27: A TRUE COPY OF THE CERTIFICATE OF FIRST PRIZE WON BY THE PETITIONER FOR KUCHIPUDI IN THE VIDYADHIRAJ VIDYABHAVAN HIGHER SECONDARY SCHOOL FESTIVAL IN THE YEAR 2013-2014 DATED NIL EXHIBIT P28: A TRUE COPY OF THE CERTIFICATE OF FIRST PRIZE WON BY THE PETITIONER FOR KUCHIPUDI IN THE VIDHYADHIRAJA VIDYABHAVAN HIGHER SECONDARY SCHOOL FESTIVAL IN TEH YEAR 2013-2014 DATED NIL EXHIBIT PP29:A TRUE COPY OF THE CERTIFICATE OF FIRST PRIZE WON BY THE PETITIONER FOR KERALA NADANAM IN THE VIDYADHIRAJA VIDHYABHAVAN HIGHER SECONDARY SCHOOL FESTIVAL IN THE YEAR 2013-2014 DATED NIL EXHIBIT P30: A TRUE COPY OF THE CERTIFICATE OF FIRST PRIZE WON BY THE PETITIONER FOR NADODI NRITHAM IN THE VIDHYADHIRAJH VIDHYABHAVAN HIGHER SECONDARY SCHOOL FESTIVAL IN THE YEAR 2013-2014 DATED NIL EXHIBIT P31: A TRUE COPY OF THE CERTIFICATE OF AWARD GRANTED TO THE PETITIONER FOR FOLK DANCE IN THE STALLIONS INTERNATIONAL 39TH BALAMELA DURING THE YEAR 2012 DATED 24.

11.2012 EXHIBIT P32: A TRUE COPY OF THE CERTIFICATE OF AWARD GRANTED TO THE PETITIONER FOR FOLK DANCE IN THE STALLIONS INTERNATIONAL 40TH BALAMELA DURING THE YEAR 2013 IS DATED 23.11.2012 ....

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EXHIBIT P33: A TRUE COPY FO THE CERTIFICATE OF MERIT SECURED BY THE PETITIONER FOR FOLK DANCE IN THE STALLIONS INTERNATIONAL KIDS FEST 2006 DATED 26.01.2006 EXHIBIT PP34: A TRUE COPY OF THE ORDER APPEAL COMMITTEE DATED 19.12.2014 RESPONDENT(S)' EXHIBITS --------------------------------------- NIL.

/ TRUE COPY / P.S. TO JUDGE

P.R.RAMACHANDRA MENON, J.

= = = = = = = = = = = = = = = = W.P.(C) No.1375 of 2015 = = = = = = = = = = = = = = = = = = = = = Dated this the 14 th day of January, 2015

JUDGMENT

The petitioner participated in several events in the District Level School Kalolsavam and could secure only A Grade in Kerala Nadanam. The appeal filed was rejected by the Appeal Committee as per Ext.P34 order but it was contended that the video clipping was not viewed by the appeal committee. Hence the writ petition.

2. The learned Government Pleader submits on instructions that, the 1st prize winner got 24 marks more than that of the petitioner. It is submitted that the Appeal committee has viewed the video clipping of the event and that the judges of the judging committee had evaluated the event in a uniform manner. After going through the pleadings and proceedings and the submissions of the learned Government Pleader, this Court finds that the petitioner has not established any tenable ground to call for interference. Accordingly, interference is declined and the writ petition is dismissed.

P.R.RAMACHANDRA MENON, JUDGE sj