Shivani O.R.(Minor) vs The General Convenor
2022 Latest Caselaw 12511 Ker

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

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

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

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.