Milan K Joy vs The Director Of Education
2022 Latest Caselaw 12668 Ker

                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. 42678 OF 2022
PETITIONER/S:

          MILAN K JOY, AGED 18 YEARS
          SON OF JOY, KARINGOTH KARMEL BHAVAN,
          VADAVATHOOR P.O, KALATHIPADY, KOTTAYAM DISTRICT
          KERALA, PIN - 686010
          BY ADVS.
          LUKE J CHIRAYIL
          M.G.SREEJITH
          P.JAYA
          ELSA MARY THOMAS
          AMAL JOSE
          BIBAS C. BABU
          ROJIN DEVASSY
          JOSEPH MARVEL NORONHA


RESPONDENT/S:

    1     THE DIRECTOR OF EDUCATION
          OFFICE OF THE DIRECTOR OF EDUCATION
          PATHANAMTHITTA, MARKET ROAD
          THIRUVALLA, PATHANAMTHITTA
          KERALA, PIN - 689101
    2     DEPUTY DIRECTOR OF EDUCATION, PATHANAMTHITTA
          OFFICE OF THE DEPUTY DIRECTOR OF EDUCATION
          MARKET ROAD, THIRUVALLA
          PATHANAMTHITTA
          KERALA, PIN - 689101
    3     THE CHAIRMAN
          APPEAL COMMITTEE,
          KOTTAYAM REVENUE DISTRICT SCHOOL KALOLSAVAM 2022-2023
          OFFICE OF THE DEPUTY DIRECTOR OF EDUCATION,
          PATHANAMTHITTA
          MARKET ROAD, THIRUVALLA
          PATHANAMTHITTA
          KERALA, PIN - 689101

          BY SRI.V.S.SREEJITH, GOVERNMENT PLEADER
     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
30.12.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 42678 OF 2022


                                      -2-




                           JUDGMENT

Dated this the 30th day of December 2022

The petitioner is a participant in 'Vattappattu' competition in

the District School Kalolsavam of Kottayam District. The

petitioner lost first prize by four marks.

2. The petitioner states that the committee has not properly

applied their mind in awarding their marks.

3. I have heard the learned Counsel for the petitioner and

the learned Government Pleader.

4. This Court, in judgment in W.P.(C)No.40794 of 2022, has

held that in the matter of assessment of competition and

awarding marks, this Court cannot make fact adjudication in

exercise of powers under Article 226 of the Constitution of India.

5. The petitioner also impugned Ext.P13 appellate order. A

reading of Ext.P13 order would show that the Appeal Committee WP(C) NO. 42678 OF 2022

has seen the video shots of competition and has come to a

conclusion that the marks awarded were proper. In view of the

above, I find no merits in the case.

The writ petition is accordingly dismissed.

Sd/-

N.NAGARESH JUDGE

uu 30.12.2022 WP(C) NO. 42678 OF 2022

APPENDIX OF WP(C) 42678/2022

PETITIONER EXHIBITS Exhibit P1 THE TRUE COPY OF THE PARTICIPANT'S CARD ISSUED BY THE KERALA SCHOOL KALOLSAVAM 2022-2023 IN FAVOR OF THE PARTICIPANT NAMED MILAN K JOY WITH REGISTRATION NUMBER 2337 DATED 07.12.2022 Exhibit P1(a) THE TRUE TYPED COPY OF EXHIBIT P1 Exhibit P2 THE TRUE COPY OF THE PARTICIPANT'S CARD ISSUED BY THE KERALA SCHOOL KALOLSAVAM 2022-2023 IN FAVOUR OF THE PARTICIPANT NAMED ALEX ABRAHAM KURIAKOSE WITH REGISTRATION NUMBER 2336 DATED 07.12.2022 Exhibit P3 THE TRUE COPY OF THE PARTICIPANT'S CARD ISSUED BY THE KERALA SCHOOL KALOLSAVAM 2022-2023 IN FAVOUR OF THE PARTICIPANT NAMED ASWANTH LAL WITH REGISTRATION NUMBER 2335 DATED 07.12.2022 Exhibit P4 THE TRUE COPY OF THE PARTICIPANT'S CARD ISSUED BY THE KERALA SCHOOL KALOLSAVAM 2022-2023 IN FAVOUR OF THE PARTICIPANT NAMED ABIN JOHN WITH REGISTRATION NUMBER 2340 DATED 07.12.2022 Exhibit P5 THE TRUE COPY OF THE PARTICIPANT'S CARD ISSUED BY THE KERALA SCHOOL KALOLSAVAM 2022-2023 IN FAVOUR OF THE PARTICIPANT NAMED AJOSH K SIJU WITH REGISTRATION NUMBER 2343 DATED 07.12.2022 Exhibit P6 THE TRUE COPY OF THE PARTICIPANT'S CARD ISSUED BY THE KERALA SCHOOL KALOLSAVAM 2022-2023 IN FAVOUR OF THE PARTICIPANT NAMED ALBIN B GEORGE WITH REGISTRATION NUMBER 2334 DATED 07.12.2022 Exhibit P7 THE TRUE COPY OF THE PARTICIPANT'S CARD ISSUED BY THE KERALA SCHOOL KALOLSAVAM 2022-2023 IN FAVOUR OF THE PARTICIPANT NAMED SHERIN RAJU WITH REGISTRATION NUMBER 2301 DATED 07.12.2022 Exhibit P8 THE TRUE COPY OF THE PARTICIPANT'S CARD WP(C) NO. 42678 OF 2022

ISSUED BY THE KERALA SCHOOL KALOLSAVAM 2022-2023 IN FAVOUR OF THE PARTICIPANT NAMED JOEL P. SOJI WITH REGISTRATION NUMBER 2342 DATED 07.12.2022 Exhibit P9 THE TRUE COPY OF THE PARTICIPANT'S CARD ISSUED BY THE KERALA SCHOOL KALOLSAVAM 2022-2023 IN FAVOUR OF THE PARTICIPANT NAMED JOHN KOSHY PANICKER WITH REGISTRATION NUMBER 2338 DATED 07.12.2022 Exhibit P10 THE TRUE COPY OF THE PARTICIPANT'S CARD ISSUED BY THE KERALA SCHOOL KALOLSAVAM 2022-2023 IN FAVOUR OF THE PARTICIPANT NAMED ROHITBABU M WITH REGISTRATION NUMBER 2339 DATED 07.12.2022 Exhibit P11 THE TRUE COPY OF THE RESULT PUBLISHED IN REGARD TO THE AFOREMENTIONED ITEM ON 07.12.2022 ON THE WEBSITE OF DISTRICT KALOLSAVAM KOTTAYAM Exhibit P12 THE TRUE COPY OF THE RECEIPT NUMBERED 035 ISSUED BY THE CHAIRMAN, APPEAL COMMITTEE, THE KERALA 33RD KOTTAYAM REVENUE DISTRICT SCHOOL KALOLSAVAM 2022- 2023 TO THE PETITIONER DATED 07.12.2022 Exhibit P13 THE TRUE COPY OF THE ORDER ISSUED BY THE DEPUTY DIRECTOR, DEPARTMENT OF EDUCATION , KOTTAYAM WHICH IS NUMBERED AS C3/801616/(35)2022 DATED 09.12.2022