Sredha Jagadheesh(Minor) vs State Of Kerala
2022 Latest Caselaw 12500 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
                         W.P.(C) NO.42034 OF 2022
PETITIONER:

              SREDHA JAGADHEESH(MINOR),
              AGED 17 YEARS, REPRESENTED BY HER MOTHER SUJITHA.S,
              VILAYIL VEEDU, MELKADAKKAL.P.O., KADAKKAVOR,
              ATTINGAL, THIRUVANANTHAPURAM - 695 101.

              BY ADVS.
              S.K.ADHITHYAN
              AKARSH S.
              RAJESH KUMAR C.
              BHAVYA BINU
              MRIDUL JOHN MATHEW


RESPONDENTS:

     1        STATE OF KERALA,
              REPRESENTED BY THE SECRETARY,
              GENERAL EDUCATION DEPARTMENT,
              GOVERNMENT SECRETARIAT,
              THIRUVANANTHAPURAM.

     2        THE DIRECTOR OF GENERAL EDUCATION,
              OFFICE OF THE DIRECTOR GENERAL OF EDUCATION,
              DPI JUNCTION, JAGATHY, THIRUVANANTHAPURAM.

     3        THE DEPUTY DIRECTOR OF EDUCATION,
              OFFICE OF THE DEPUTY DIRECTOR OF EDUCATION,
              PAZHAVANGADI, FORT. P.O, THIRUVANANTHAPURAM-695 023.

     4        THE DISTRICT EDUCATIONAL OFFICER,
              OFFICE OF THE DISTRICT EDUCATIONAL OFFICER,
              BHS ROAD, ATTINGAL, THIRUVANANTHAPURAM-695101.

              SMT. 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:
                                 -2-
W.P.(C) NO.42034 OF 2022


                           JUDGMENT

Dated this the 23rd day of December, 2022

The petitioner participated for the item Kuchippudy

(HSS Girls) in the Thiruvananthapuram District School

Kalolsavam and secured second place with A Grade. Being

dissatisfied with the result, the petitioner preferred an appeal

which stand rejected by Ext.P4. Hence, this writ petition.

2. Learned Counsel for the petitioner placed reliance

on the recommendation to allow the appeal made after

viewing the video of the petitioner's performance. It is

contended that majority of the members having decided to

allow the appeal, there could not have been a contrary

decision by the Committee.

3. Learned Government Pleader pointed out that there

is 8 marks difference between the petitioner and the first

placed contestant. Hence, the appeal committee was justified

in rejecting the appeal by overlooking the recommendation.

At this stage, learned Counsel for the petitioner pointed out

W.P.(C) NO.42034 OF 2022

that along with the petitioner, another contestant was also

placed in second position with the same mark and the appeal

committee had allowed the appeal filed by that student.

4. If so, it is only just and proper for the appeal

committee to reconsider the appeal.

The writ petition is accordingly disposed of directing the

3rd respondent to reconsider the petitioner's appeal and pass

appropriate orders thereon within 5 days of receipt of a copy

of this judgment.

Sd/-

V.G. ARUN JUDGE bpr

W.P.(C) NO.42034 OF 2022

APPENDIX OF WP(C) 42034/2022

PETITIONER'S EXHIBITS

Exhibit P1 TRUE COPY OF THE RELEVANT PAGES OF THE KERALA SCHOOL KALOISAVA MANUAL ISSUED BY THE 1ST RESPONDENT.

Exhibit P2 TRUE COPY OF THE COMPUTER PRINT OUT OF THE RESULTS OF KUCHIPPUDI(GIRLS)(GIRLS), HSS GENERAL IN THE DISTRICT SCHOOL KALOLSAVAM. THRIVUANANTHAPURAM .

Exhibit P3 RUE COPY OF THE APPLICATION FILED BEFORE THE CHAIRMAN, APPEAL COMMITTEE DATED 24/11/2022 AT 10.00PM.

Exhibit P4 TRUE COPY OF THE APPEAL ORDER OF THE PETITIONER DATED 06/12/2022.