Kerala High Court
Nasila.N (Minor) Represented By Her ... vs Union Of India on 2 November, 2024
Author: V.G.Arun
Bench: V.G.Arun
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WP(C) NO. 38465 OF 2024
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE V.G.ARUN
SATURDAY, THE 2ND DAY OF NOVEMBER 2024 / 11TH KARTHIKA, 1946
WP(C) NO. 38465 OF 2024
PETITIONER/S:
NASILA.N (MINOR)
REPRESENTED BY HER MOTHER AND NATURAL GUARDIAN MS.
FASEELA.S, AGED 44 YEARS
W/O NIZAMUDDEEN NEHALA MANZIL,
AVANEESWARAM RAILWAY STATION POST OFFICE,
KOLLAM DISTRICT, PIN - 691508
BY ADVS.
ARUN CHANDRAN
HARIMOHAN
AMRITA ARUN
ASWATHY S MENON
RESPONDENTS:
1 UNION OF INDIA
REPRESENTED BY ITS SECRETARY,
MINISTRY OF CULTURE, ROOM NO.501,'C',
SHASTRI BHAWAN, NEW DELHI, PIN - 110001
2 THE STATE OF KERALA,
REPRESENTED BY ITS SECRETARY TO GOVERNMENT
DEPARTMENT OF GENERAL EDUCATION,
KERALA GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695001
3 THE DIRECTOR OF GENERAL EDUCATION
JAGATHI, THIRUVANANTHAPURAM, PIN - 695014
4 THE DEPUTY DIRECTOR OF EDUCATION
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GOVT BHSS CAMPUS, THEVALLY P.O,
KOLLAM, PIN - 691009
5 THE DISTRICT EDUCATION OFFICER
CIVIL STATION, KOLLAM, PIN - 691013
BY ADVS.
T.C. KRISHNA., DSGI IN CHARGE
SRI. SUNILKUMAR KURIAKOSE, SR. GP.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
02.11.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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JUDGMENT
The petitioner and her team had participated in the item
'Science Drama' in the Science Drama Festival 2024-25 in H.S.S
category in the Revenue District competition. Based on their
performance, the petitioner's team was placed second with A grade.
Aggrieved by the result, the petitioner preferred an appeal, and the
Appeal Committee having delayed consideration of the appeal, filed
the Writ Petition.
2. Learned counsel for the petitioner contended that the
uneven surface and loose wires on the stage had resulted in one of
petitioner's teammates tripping and falling down. It is submitted
that proper facilities for performing the 'Science Drama' were not
provided on stage. Learned counsel also alleged that the decision
on the appeal was delayed deliberately so as to prevent the
petitioner's team from challenging the order.
3. Learned Government Pleader made available a copy of
the order passed on the appeal filed by the petitioner.
4. Even though, I find some merit in the contention of the
learned counsel for the petitioner that the appeal ought to have been
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decided within the time stipulated in the guidelines, the delay, by
itself, is not sufficient reason for this Court to interfere with the
decision. A perusal of the decision of the Appeal Committee reveals
that all aspects pointed out by the petitioner's appeal are considered
and dealt with. The reasons for the petitioner's team securing lesser
marks are also stated.
5. According to the Appeal Committee, the petitioner's
drama troupe had deviated from the subject, and the dialogue
delivery by one of the lead characters appeared to be mechanical. It
is thus evident that the petitioner's appeal was rejected after detailed
consideration, though belatedly. Hence, I find no reason to interfere
with the order, in the exercise of this Court's power of judicial review
under Article 226 of the Constitution of India.
Hence, the Writ petition is dismissed.
Sd/-
V.G.ARUN
JUDGE
SPV
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WP(C) NO. 38465 OF 2024
APPENDIX OF WP(C) 38465/2024
PETITIONERS' EXHIBITS
EXHIBIT P1 TRUE COPY OF THE RESULT REPORT OF THE
SCIENCE DRAMA FESTIVAL 2024-25.
EXHIBIT P2 TRUE COPY OF THE CIRCULAR NO.
Y1/15086/2024/DGE ISSUED BY THE DIRECTOR OF
GENERAL EDUCATION, THIRUVANANTHAPURAM DATED
29.07.2024.
EXHIBIT P3 TRUE COPY OF THE APPLICATION FOR APPEAL
UNDATED.
EXHIBIT P4 TRUE COPY OF THE INTERIM ORDER IN WRIT
PETITION [CIVIL] NO. 37489 OF 2023, BEARING
DATE 10.11.2023.
