Vyshnavi K Nair vs Confederation Of Kerala Sahodaya ...
2023 Latest Caselaw 11644 Ker

                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
               THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
    THURSDAY, THE 16TH DAY OF NOVEMBER 2023 / 25TH KARTHIKA, 1945
                          WP(C) NO. 37936 OF 2023
PETITIONER/S:

           VYSHNAVI K NAIR
           AGED 15 YEARS
           D/O. KANNANKUTTY , KANJIRAMYALIL HOUSE,THANIKUDAM,
           THRISSUR DISTRICT, PIN- 680028, REPRESENTED BY HER FATHER
           AND GUARDIAN KANNANKUTTY, AGED 49 YEARS, KANJIRAMYALIL
           HOUSE, THANIKNDAM, THRISSUR DISTRICT., PIN - 680028
           BY ADV MOHAMMED SHAFI.K


RESPONDENTS:

     1     CONFEDERATION OF KERALA SAHODAYA COMPLEXES
           REPRESENTED BY ITS SECRETARY JOJI PAUL PRINCIPAL,
           BENCHMARKS INTERNATIONAL SCHOOL TIRUR P.O, MALAPPURAM
           DISTRICT ., PIN - 676101
     2     DR.DEEPA CHANDRAN
           CONVENOR, CBSE STATE KALOTSAV 2023 WORKINGA AS PRINCIPAL
           OF SREE SARADA VLDHYALA, KALADY (P.0.), ERNAKULAM
           DISTRICT., PIN - 683574
     3     CONVENOR
           CBSE DISTRICT KALOTSAV 2023 THRISSUR DISTRICT SAHODAYA
           ANSAR ENGLISH SCHOOL, PERUMBILAVU THRISSUR DISTRICT., PIN
           - 680519
     4     PRESIDENT,
           APPEAL COMMITTEE, THRISSUR DISTRICT SAHODAYA KATOTSAV
           2023 THRISSUR SAHODAY COMPLEX ANSAR PUBLIC SCHOOL,
           PEMUMBILAVU P.O, THRISSUR DISTRICT., PIN - 680519


           SRI M A AHAMED SAHEER-SC


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
16.11.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 37936 OF 2023
                                     2

                               JUDGMENT

The petitioner, a young girl of 15 years,

asserts that she performed very well in the

"Bharathanatyam" and "Mohiniyatam", in Category-

III (Girls) in the CBSE Thrissur District

Sahodaya Kalotsav, at the High School level; but

has been still found to be unqualified to go to

the next level.

2. The petitioner says that she, therefore,

preferred a statutory Appeal before the Appellate

Committee; but which Authority has now issued

Ext.P3 merely saying that the report they have

obtained from the original Judging Panel

discloses that their judgment was proper and

therefore, that it has been rejected. She pleads

that Ext.P3 be set aside and she be given an

opportunity to participate in the State School

Kalotsav, to commence on 24.11.2023. WP(C) NO. 37936 OF 2023

3. Sri.M.A.Ahammad Saheer - learned counsel

appearing for the 4th respondent - "Appeal

Committee", submitted that Ext.P3 has been issued

in terms of the applicable guidelines, which is

evident from the fact that a detailed report from

the original judges had been called for. He

pointed out that Ext.P3 contains the report of

the judges, to the effect that the performance of

the petitioner was not 'up to the mark' and that

'her hand gestures were not graceful. Moreover,

she was over expressive and she could have done

it with limited and graceful expressions' (sic).

He admitted that it is based on this alone, that

the Appellate Committee rejected the petitioner's

Appeal.

4. Sri.S.Nirmal - learned Standing Counsel

for the CBSE, conceded that, as per the

applicable guidelines, Ext.P3 ought to have been WP(C) NO. 37936 OF 2023

signed by the Chairperson of the Kalotsav; but

that it has been signed by the President of the

Appellate Committee. He submitted that even if

this is taken to be a technical issue, the

decision on the Appeal does not appear to be as

per the prescriptions because, it provides that

every Appeal should be considered on its merits

and on technical grounds.

5. I must commend Sri.S.Nirmal for the afore

candid submission because, even if he were to

speak otherwise, this Court would have found

against Ext.P3. This is because, no Appeal can be

allowed to be settled merely based on the report

of the original Judging Panel; since by its

nature, such a procedure becomes anachronistic.

When a participant challenges the actions of the

original Judging Panel, the Appellant Committee

ought to have considered it independently; but WP(C) NO. 37936 OF 2023

not on the basis of the report of the said panel,

as has been done in Ext.P3.

6. Obviously, this Court cannot grant

imprimatur to Ext.P3, particularly when it is

conspicuously silent as to whether the

performance of the petitioner had been reviewed

by the Appellate Committee through video

recordings or such other. In fact, the learned

counsel for the 4th respondent admits that no

such was done and that it could not be done,

because it runs into several hours. I am afraid

that even this cannot find favour of this Court

because performance of the petitioner would not

run into several hours, but only to a few

minutes, as is prescribed under the scheme of the

event.

In the afore circumstances, I allow this writ

petition and set aside Ext.P3; with a WP(C) NO. 37936 OF 2023

consequential direction to the Appellate

Committee to immediately reconsider the Appeal of

the petitioner, after affording her an

opportunity of being heard and after adverting to

her contentions, as also examining the video

recording of the event; thus culminating in an

appropriate fresh order, as expeditiously as is

possible, but not later than 21.11.2023.

Depending upon the decision to be taken as afore,

the petitioner will be allowed to participate in

the State School Kalotsav as per law.

Sd/-

DEVAN RAMACHANDRAN JUDGE SAS WP(C) NO. 37936 OF 2023

APPENDIX OF WP(C) 37936/2023

PETITIONER'S EXHIBITS:

Exhibit P1 TRUE COPY OF THE IDENTITY CARD NO.31182, ISSUED TO THE PETITIONER Exhibit P2 TRUE COPY OF THE ORDER ON APPEAL DATED 4.11.2023, ISSUED BY THE 4TH RESPONDENT ALONG WITH ITS TYPED COPY Exhibit P3 TRUE COPY OF THE ORDER ON APPEAL, DATED 4.11.2023, ISSUED BY THE 4TH RESPONDENT ALONG WITH ITS TYPED COPY Exhibit P4 TRUE COPY OF THE MERIT CERTIFICATE DATED NIL, ISSUED BY THE CONVENER OF MADAKKATHARA GRAMAPANCHAYAT KERALOTSAVAM