Kerala High Court
Padma Theertha (Minor) , Rep. By ... vs State Of Kerala on 30 December, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
FRIDAY, THE 30TH DAY OF DECEMBER 2022 / 9TH POUSHA, 1944
WP(C) NO. 42879 OF 2022
PETITIONER:
PADMA THEERTHA (MINOR),
AGED 17 YEARS, D/O. MANOJ,
RESIDING AT KIZHAKKEVEETTIL HOUSE, KARUMALA P.O.
BALUSSERY VIA, KOZHIKODE DISTRICT, PIN-673612,
REPRESENTED BY HER FATHER AND NATURAL GUARDIAN
MANOJ, AGED 48 YEARS, S/O. NARAYANAN,
RESIDING AT KIZHAKKEVEETTIL HOUSE, KARUMALA P.O.,
BALUSSERY VIA., KOZHIKODE DISTRICT, PIN-673612.
BY ADV R.NIKHIL
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY THE SECRETARY TO GOVERNMENT,
GENERAL EDUCATION DEPARTMENT, SECRETARIAT,
THIRUVANANTHAPURAM - 695001.
2 THE GENERAL CONVENOR,
KERALA SCHOOL KALOLSAVAM 2022-23,
(THE DIRECTOR OF PUBLIC INSTRUCTIONS,
JAGATHY, THIRUVANANTHAPURAM - 695014).
3 THE GENERAL CONVENOR,
KERALA SCHOOL KALOLSAVAM 2022-23, HIGHER SECONDARY
SCHOOL WING, KOZHIKODE REVENUE DISTRICT,
(THE DEPUTY DIRECTOR OF EDUCATION, KOZHIKODE,
MANANCHIRA ROAD, MANANCHIRA, KOZHIKODE - 673001).
4 THE APPELLATE AUTHORITY,
KERALA SCHOOL KALOLSAVAM 2022-2023, KOZHIKODE,
REPRESENTED BY ITS CHAIRMAN, MANANCHIRA ROAD,
KOZHIKODE - 673001.
BY ADV SMT.ANIMA - GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 30.12.2022, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
W.P.(C)No.42879 of 2022
:2:
JUDGMENT
Dated this the 30th day of December, 2022
The petitioner was a participant in 'Ottamthullal' (Girls)
competition in the Revenue District School Kalolsavam of
Kozhikode District. The petitioner did not get the first prize and
thus became ineligible to participate in the State School
Kalolsavam.
2. The petitioner states that the sound system was not
functioning properly during her performance. The stage
infrastructure was not up to the mark. The floor was slippery.
Shaking of stage during the performance has affected the
petitioner's performance.
3. The petitioner further points out that while the petitioner's
appeal stands rejected, the appeal preferred by Seetha Laxmi B.
of G.V.H.S.S Atholi stands allowed. The respondents could not
have treated the two appeals differently.
4. Heard.
5. It has been held in the judgment in W.P.(C).No. 40794 of
W.P.(C)No.42879 of 2022
2022 and connected cases that this Court in exercise of the
powers under Article 226 of the Constitution of India cannot
interfere with the awarding of marks in School Kalolsavams based
on inadequacy of infrastructure facility.
6. The petitioner is not successful in establishing that the
grounds urged by the other candidate at Sl.No.10 in Ext.P9 and
the grounds urged by the petitioner in her appeal are one and the
same.
In view of the above, I find no merit in the writ petition. The
writ petition is hence dismissed.
Sd/-
N. NAGARESH
JUDGE
anm
W.P.(C)No.42879 of 2022
APPENDIX OF WP(C) 42879/2022
PETITIONER EXHIBITS
Exhibit P1 A TRUE COPY OF THE CERTIFICATE DATED
17.11.2022 FOR THE EVENT OF OTTAMTHULLAL
(GIRLS).
Exhibit P2 A TRUE COPY OF THE CERTIFICATE DATED
17.11.2022 FOR THE EVENT OF KERALA
NADANAM (GIRLS)
Exhibit P3 A TRUE COPY OF THE CERTIFICATE DATED
17.11.2022 FOR THE EVENT OF GROUP DANCE
(GIRLS)
Exhibit P4 A TRUE COPY OF THE CERTIFICATE OF MERIT
ISSUED BY THE KOZHIKODE REVENUE DISTRICT
KALOLSAVAM CONVENOR IN OTTAMTHULLAL
(GIRLS).
Exhibit P5 A TRUE COPY OF THE CERTIFICATE OF MERIT
ISSUED BY THE KOZHIKODE REVENUE DISTRICT
KALOLSAVAM CONVENOR IN KERALA NADANAM
(GIRLS).
Exhibit P6 A TRUE COPY OF THE CERTIFICATE OF MERIT
ISSUED BY THE KOZHIKODE REVENUE DISTRICT
KALOLSAVAM CONVENOR IN GROUP DANCE
(GIRLS).
Exhibit P7 A TRUE COPY OF THE ORDER NO C2/3567/2022
DATED 13.12.2022 ISSUED BY THE 4TH
RESPONDENT.
Exhibit P8 A TRUE COPY OF THE ORDER NO. C2/3567/2022
DATED 13.12.2022 IN RESPECT OF THE APPEAL
SUBMITTED BY ONE ABIR SAMAN.
Exhibit P9 A TRUE COPY OF THE LIST OF THE APPEALS
WHICH ARE ALLOWED BY THE 4TH RESPONDENT.
RESPONDENTS' EXHIBITS : NIL
