Avani Santhosh v. The State Of Kerala
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE P.R.RAMACHANDRA MENON TUESDAY, THE 6TH DAY OF JANUARY 2015/16TH POUSHA, 19361 WP(C).No. 34536 of 2014 (N) ---------------------------- PETITIONER :
--------------------- AVANI SANTHOSH (MINOR) AGED 36 YEARS, D/O.SANTHOSH, STANDARD 10 SACRED HEART CONVENT GIRLS HIGHER SECONDARY SCHOOL THRISSUR, REPRESENTED BY HER MOTHER AND NEXT FRIEND SHEEBA K.S., AGED 36 YEARS, W/O.SANTHOSH, RESIDING AT KAMBLY HOUSE, PATTIKKAD P.O., THRISSUR DISTRICT.
BY ADVS.SRI.T.MADHU SMT.C.R.SARADAMANI RESPONDENT(S) :
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1. THE STATE OF KERALA REPRESENTED BY ITS SECRETARY TO GOVERNMENT EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT THIRUVANANTHAPURAM - 695 001.
2. THE APPEAL COMMITTEE THRISSUR, REVENUE DISTRICT SCHOOL KALOLSAVAM 2014-2015 THRISSUR REPRESENTED BY ITS CHAIRMAN AND DEPUTY DIRECTOR OF EDUCATION THRISSUR, THRISSUR DISTRICT - 680001.
3. THE CHAIRMAN KERALA SCHOOL KALOLSAVAM 2014-2015 REPRESENTED BY ITS GENERAL CONVENER OFFICE OF THE KERALA SCHOOL KALOLSAVAM 2014-2015 KOZHIKODE - 673 001.
R1 TO R3 BY SR. GOVT. PLEADER SRI. K.C. VINCENT THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06-01-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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WP(C).No. 34536 of 2014 (N) -----------------------=----------------- APPENDIX PETITIONERS' EXHIBITS :
------------------------------------- EXT.P-1:
THE TRUE COPY OF THE CERTIFICATE OF MERIT ISSUED BY THE GENERAL CONVENOR, THRISSUR EAST SUB DISTRICT, KERALA SCHOOL KALOLSAVAM 2014 - 2015.
EXT.P-2:
THE TRUE COPY OF THE PROCEEDINGS DATED 8.12.2014 OF THE 2ND RESPONDENT.
EXT.P-3:
THE TRUE COPY OF THE CERTIFICATE ISSUED BY THE GENERAL CONVENOR 54TH KERALA SCHOOL KALOLSAVAM 2013 - 2014. EXT.P-4:
THE TRUE COPY OF THE CERTIFICATE ISSUED BY THE GENERAL CONVENOR 54TH KERALA SCHOOL KALOLSAVAM 2013 - 2014. RESPONDENT(S)' EXHIBITS : NIL ------------------------------------------------------------ //TRUE COPY// P.A. TO JUDGE Mn
P.R. RAMACHANDRA MENON, J.
----------------------------------- W.P(C). No. 34536 of 2014 ------------------------------------------- Dated this the 6th day of January, 2015
J U D G M E N T
The grievance of the petitioner is mainly with regard to the rejection of the appeal preferred against the decision of the 'judging committee' in respect of 'Kerala Nadanam' preformed by the petitioner in the 'School Level Youth Festival'. It is stated that despite the best performance put in by the petitioner, she was awarded only the 5th position with 'A' grade. The case is that, there was some defect in the 'audio system' provided on the stage and that the belated start also adversely affected the performance.
2.
Heard the learned Government Pleader as well, who submits on instruction and also with reference to the materials on record, that there is absolutely no merit of bonafides in the writ petition and no defect has been brought to the notice of the 'Stage Manager' and no such event has been reported by the 'Stage Manager' as well. The performance made by all the participants was properly evaluated by the 'judging committee', who were well qualified and experienced. The merit rating was
WP(c). No.34536 of 2014 done strictly in conformity with the relevant guidelines. The learned Government Pleader also points out that, there is substantial difference between the marks obtained by the petitioner and the first prise winner, to an extent of 15. 3.
After hearing both the sides, this Court finds that, it is not a fit case to call for interference invoking the discretionary jurisdiction under Article 226 of the Constitution of India. The writ petition stands dismissed accordingly. Sd/- P.R. RAMACHANDRA MENON, JUDGE.
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