W.P.(C) No. 41796 of 2022 1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE V.G.ARUN
FRIDAY, THE 23RD DAY OF DECEMBER 2022 / 2ND POUSHA, 1944
WP(C) NO. 41796 OF 2022
PETITIONER/S:
SHIVANI O.R.(MINOR)
AGED 15 YEARS
STANDARD X, H D P S H S SCHOOL, EDATHIRINJI, THRISSUR
DISTRICT , REPRESENTED BY HIS MOTHER AND GUARDIAN MAYA
O L, OLIPARAMBIL HOUSE, PADIYUR P.O, THRISSUR DISTRICT-
680688.
BY ADV MAHESH V.MENON
RESPONDENT/S:
1 THE GENERAL CONVENOR
HIGH SCHOOL WING, KERALA STATE SCHOOL KALOLSAVAM 2022-
23, THIRUVANANTHAPURAM, (THE ADDITIONAL DIRECTOR OF
PUBLIC INSTRUCTIONS) 695 001.
2 THE GENERAL CONVENOR,
KERALA SCHOOL KALOLSAVAM, HIGH SCHOOL WING, THRISSUR
REVENUE DISTRICT, KERALA SCHOOL KALOLSAVAM 2022-23 (THE
DEPUTY DIRECTOR OF EDUCATION, THRISSUR), AYYANTOLE,
THRISSUR -680003.
3 THE CHAIRMAN, APPEAL COMMITTEE,
KERALA SCHOOL KALOLSAVAM HIGH SCHOOL WING, THRISSUR
REVENUE DISTRICT, KERALA SCHOOL KALOLSAVAM 2022-23,
AYYANTHOLE, THRISSUR DISTRICT -680003.
4 THE 1ST PRIZE WINNER, CHAVITTU NADAKAM TEAM GROUP,
HFCGHS, THRISSUR, THRISSUR REVENUE DISTRICT, SCHOOL
KALOLSAVAM 2022-23, UDAYANAGAR, CHEMBUKAVU, THRISSUR
-680002 .
5 THE 2ND PRIZE WINNER, CHAVITTU NADAKAM TEAM GROUP,
W.P.(C) No. 41796 of 2022 2
AKMHS POYYA, THRISSUR, THRISSUR REVENUE DISTRICT SCHOOL
KALOLSAVAM 2022-23, PUTHANVELLIKARA, MALA ROAD, POYYA,
THRISSUR DISTRICT-680733.
OTHER PRESENT:
GP SMT AMMINIKUTTY K
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 23.12.2022, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING
W.P.(C) No. 41796 of 2022 3
V.G.ARUN J.
-------------------------------------
W.P.(C) No. 41796 of 2022
---------------------------------
Dated this the 23rd day of December 2022
JUDGMENT
The petitioner and her team participated for the item 'Chavittu Nadakam' in the High School section of the Thrissur Revenue District School Kalolsavam and could secure only third place with A grade. According to the petitioner, during the performance of Chavittu Nadakam', one of the team member's foot went into a pit on the stage and her ankle got twisted. In spite of the mishap, the team continued their performance and secured third place. Immediately after the performance, the conjoined participant had to be rushed to the hospital. Pointing out these aspects and seeking permission to participate in the State School level Kalolsavam, the petitioner team preferred an appeal. The appeal having been rejected by Ext.P1, this writ petition is filed.
2. Heard the learned counsel for the petitioner who submitted that the petitioner's team had lost valuable points only by reason of the W.P.(C) No. 41796 of 2022 4 faulty stage. It is also submitted that the stage managers are bound to ensure that the stage is in good condition. In the instant case, there were holes on the stage making it extremely difficult and dangerous for the contestants.
3. Learned Government Pleader made available a copy of the stage manager's report, which shows that immediately after the event, the petitioner's team had lodged the complaint. It is contended that there being a difference of 11 marks, there is no reason to interfere with the decision of the judges, as affirmed by the appeal committee.
4. Sitting in this jurisdiction, I have come across some cases where the contenstants were injured by reason of the carpet not being laid properly, uneven planks and holes on the stage. I need only observe that it is the duty of the stage managers and organizers to ensure that the stages are in proper condition so that the contestants can perform without fear of accidents. It may also be worthwhile to keep in mind that if any serious mishap occurs to the children due to negligence on the part of the stage manager or organizers, that may entail penal consequences, including proceedings under the Juvenile Justice Care and Protection of Children Act.
As far as the instant case is concerned, after having seen the photograph produced and the medical certificate of the injured child, I am of the view that the Appeal Committee should reconsider the appeal W.P.(C) No. 41796 of 2022 5 and pass a fresh order.
The writ petition is accordingly disposed of directing the third respondent to re-consider the appeal filed by the petitioner and pass a fresh order within five days from today.
Sd/-
V.G.ARUN JUDGE dpk W.P.(C) No. 41796 of 2022 6 APPENDIX OF WP(C) 41796/2022 PETITIONER EXHIBITS Exhibit P1 A TRUE COPY OF ORDER IN APPEAL FILED BY THE PETITIONER'S SCHOOL DATED 29.11.2022.
Exhibit P2 PHOTOGRAPH SHOWING THE CONDITION OF THE STAGE WHERE THE EVENT OF THE PETITIONER TAKEN PLACE.
Exhibit P3 A TRUE COPY OF THE PRESCRIPTION ISSUED BY THE DOCTOR DR. K.S.SUNIL, BONE SPECIALIST, GENERAL HOSPITAL, IRINJALAKUDA.
Exhibit P4 THE PAPER REPORTS OF THE INSTANCE PUBLISHED IN THE MANORAMA DAILY AND MATHRUBHUMI DAILY ON 27.11.2022.