High Court of KeralaWP(C)/1715/2015dismissed

Ps.Ayshath Sushmin Nashma (Minor) v. State Of Kerala

2015-01-165 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE P.R.RAMACHANDRA MENON FRIDAY, THE 16TH DAY OF JANUARY 2015/26TH POUSHA, 1936 WP(C).No. 1715 of 2015 (L) --------------------------- PETITIONER :

--------------------- P.S..AYSHATH SUSHMIN NASHMA (MINOR), AGED 17 YEARS STANDARD XII, C.J.H.S.S CHEMNAD REPRESENTED BY HER MOTHER-HAFSA RESIDING AT HUBLI HOUSE, P.O MOORRAL, PUTTUR KASARAGOD.

BY ADV. SRI.MOHAMMED SHAMEEL RESPONDENT(S) :

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

1. STATE OF KERALA REPRESENTED BY PRINCIPAL SECRETARY EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT TRIVANDRUM - 695 001.

2. THE CHAIRMAN APPEALL COMMITTEE KASARAGOD REVENUE DISTRICT KERALA SCHOOL KALOLSAVAM KASARAGOD, DEPUTY DIRECTOR OF EDUCATION CIVIL STATION, KASARAGOD - 671 123.

3. DIRECTOR OF PUBLIC INSTRUCITONS THIRUVANANTHAPURAM - 695 001.

4. DIRECTOR OF HIGHER SECONDARY EDUCATION THIRUVANANTHAPRUAM - 695 001

5. GENERAL CONVENOR ORGANISING COMMITTEE KASARAGOD REVENUE DISTRICT KERALA SCHOOL KALOLSAVAM KASARAGOD 671 121

6. GENERAL CONVENOR, ORGANISING COMMITTEE KERALA STATE SCHOOL KALOLSAVAM KOZHIKODE - 673 001.

...2/-

WP(C).No. 1715 of 2015 (L) -2-

7. AL JASEERA (AGE & FATHERS NAME NOT KNOWN, TEAM CAPTAIN 1ST PRICE HOLDING TEAM IN KASARAGOD REVENUE DISTRICT LEVEL SCHOOL KALOLSAVAM) OPPANA-HSS) GOVT H.S.S HUSDURG, KANHANGAD P.O., KASARAGOD - 671 315.

8. TEAM CAPTAIN, (NAME, FATHER'S NAME AND AGE NOT KNOWN) 2ND PRICE HOLDING TEAM IN KASARAGOD REVENUE DISTRICT LEVEL KALOLSAVAM (OPPANA-HSS) LITTLE FLOWER GIRLS H.S.S., KANHANGAD P.O., KASARAGOD - 671 315

9. TEAM CAPTAIN (NAME, FATHER'S NAME AND AGE NOT KNOWN) 3RD PRICE HOLDING TEAM IN KASARAGOD REVENUE DISTRICT LEVEL KALOLSAVAM (OPPANA-HSS) DURGA H.S.S., KANHANGAD P.O., KASARAGOD - 671 315.

10. MUSTAFA RASHEED (AGE & FATHER'S NAME NOT KNOWN) JUDGE (OPPANA H.S.S) C/O. ORGANISING COMMITTEE KASARAGOD REVENUE DISTRICT KERALA SCHOOL KALOLSAVAM KASARAGOD - 671 121.

11. ABDUL RAHIMAN (AGE & FATHER'S NAME NOT KNOWN) JUDGE (OPPANA H.S.S),, C/O. ORGANISING COMMITTEE KASARAGOD REVENUE DISTRICT KERALA SCHOOL KALOLSAVAM KASARAGOD - 671 121 R1 TO R6 BY GOVT. PLEADER SRI. JOSEPH GEORGE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 16-01-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

Mn ...3/-

WP(C).No. 1715 of 2015 (L) -------------------------------------- APPENDIX PETITIONERS' EXHIBITS :

------------------------------------- EXHIBIT P1 TRUE PHOTOCOPY OF THE CERTIFICATES OF MERIT ISSUED TO THE PETITIONER FOR HER SUCCESS IN THE KASARAGOD REVENUE DISTRICT SCHOOL KALOLSAVAM.

EXHIBIT P2 TRUE PHOTOCOPY OF THE ORDER DATED 9-1-15 ISSUED BY THE APPEAL COMMITTEE HEADED BY THE 2ND RESPONDENT. EXHIBIT P3 TRUE PHOTOCOPY OF THE CIRCULAR NO. Y2/25337/2012/DPI DATED 30-10-12.

RESPONDENT(S)' EXHIBITS : NIL ---------------------------------------------------------- //TRUE COPY// P.A. TO JUDGE Mn

P.R. RAMACHANDRA MENON J.

~~~~~~~~~~~~~~~~~~~~~~ W.P.(C) No. 1715 of 2015 ~~~~~~~~~~~~~~~~~~~~~~ Dated, this the 16th day of January, 2015

JUDGMENT

The petitioner was a participant in 'Oppana' competition held recently in the Kasargode Revenue District School Kalolsavam. According to the petitioner, though the petitioner's team performed well, after evaluation they were awarded only 3rd prize with A Grade, which according to the petitioner is not correct and hence an appeal was preferred, contending that the Judges were biased. But the appeal was dismissed, vide Ext. P2, which in turn is under challenge in this writ petition.

2. Heard the learned Government Pleader as well, who submits that there is absolutely no pith or substance in the averments raised in the writ petition. It is stated that the Judges who evaluated performance were experts in the field. It is pointed out that the appeal preferred by the second prize winner stands dismissed and there is a margin of 9 marks between the petitioner's team and the 1st prize winners.

W.P.(C) No. 1715 of 2015 : 2 :

3. Considering the facts and circumstances, this Court finds that there is no tenable ground. Interference is declined and the writ petition is dismissed.

Sd/- P. R. RAMACHANDRA MENON, (JUDGE) kmd