Gopika Jayakumar vs The Director Of General Education
2022 Latest Caselaw 12499 Ker

                     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. 41376 OF 2022
PETITIONER:

              GOPIKA JAYAKUMAR
              AGED 18 YEARS
              PLUS TWO STUDENT,
              GOVERNMENT HIGHER SECONDARY SCHOOL, KUNCHITHANNY,
              IDUKKI, RESIDING AT PUTHEN PURACKAL HOUSE,
              CHITHIRAPURAM P.O, ANACHAL, IDUKKI- PIN- 685565
              PIN - 68556
              BY ADVS.
              T.P.PRADEEP
              P.K.SATHEES KUMAR
              MINIKUMARY M.V.
              R.K.PRASANTH
              JIJO JOSEPH


RESPONDENTS:

     1        THE DIRECTOR OF GENERAL EDUCATION
              DEPARTMENT OF GENERAL EDUCATION, GOVERNMENT OF KERALA
              THIRUVANANTHAPURAM- 695014, PIN - 695014
     2        THE APPEAL COMMITTEE
              IDUKKI REVENUE DISTRICT SCHOOL KALOLSAVAM 2022-23
              REPRESENTED BY IT'S CHAIRMAN,
              OFFICE OF DEPUTY DIRECTOR OF EDUCATION, THODUPUZHA
              IDUKKI.- 685584
              , PIN - 685584
     3        THE CHAIRMAN/DEPUTY DIRECTOR OF EDUCATION
              THE APPEAL COMMITTEE,
              IDUKKI REVENUE DISTRICT SCHOOL KALOLSAVAM 2022-23
              OFFICE OF DEPUTY DIRECTOR OF EDUCATION, THODUPUZHA
              IDUKKI.- 685584
              PIN - 685584
              AMMINIKUTTY K, GOVERNMENT PLEADER



     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.41376 OF 2022
                                  2




                           JUDGMENT

Dated this the 23rd day of December, 2022

Petitioner participated for the items Mohiniyattam

and Folk dance in the Idukki Revenue District

Kalolsavam, 2022-23. The petitioner's grievance is

regarding her 2nd with A grade in Folk dance.

According to the petitioner, she had lost valuable

marks due to the refusal of the stage manager to

permit her to use the pen drive containing the sound

recording of the programme.

2. Learned Counsel for the petitioner submitted

that the songs for Mohiniyattam and Folk dance was

recorded in one pen drive. The pen drive was used

for Mohiniyattam performance and thereafter

submitted for being used for Folk dance also. But,

stage manager refused permission for using the pen

drive stating that one pen drive containing two songs

cannot be used. Faced with such objection, petitioner W.P.(C)NO.41376 OF 2022

was compelled to transfer the song to another device

at the last moment. The confusion upset her and

effected her performance also. Even though this

aspect was highlighted in the appeal, no mention is

seen made in the impugned order. Learned Counsel

also contended that, going by the wordings in the

appellate order, it appears that the order is passed in

someone else's appeal.

3. Learned Government Pleader submitted that

the appellate order was rendered after considering all

aspects. As directed by this Court, a copy of the

stage manager's report is also made available. A

perusal of the report shows that some portions are

left blank. As contended by learned Counsel for the

petitioner, from the appellate order it is not

discernible as to whether the petitioner's grievance is

addressed or not.

4. In such circumstances, it is only just and

proper for the appeal committee to reconsider the W.P.(C)NO.41376 OF 2022

appeal.

The writ petition is accordingly disposed of,

directing the 3rd respondent to reconsider petitioner's

appeal and pass a reasoned order thereon within five

days.

Sd/-

V.G.ARUN

JUDGE NB/23-12 W.P.(C)NO.41376 OF 2022

APPENDIX OF WP(C) 41376/2022

PETITIONER's EXHIBITS EXHIBIT P1 TRUE COPY OF THE IDENTITY CARD FOR KERALA SCHOOL KALOLSAVAM, IDUKKI REVENUE DISTRICT EXHIBIT P2 TRUE COPY OF THE ORDER DATED 07.12.2022

RESPONDENTS' EXHIBITS: NIL TRUE COPY P.A. TO JUDGE