Gayathri Gopan vs The General Convenor
2024 Latest Caselaw 31542 Ker

Kerala High Court

Gayathri Gopan vs The General Convenor on 5 November, 2024

Author: V.G.Arun

Bench: V.G.Arun

                                                                  2024:KER:82255


                     IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                      PRESENT

                       THE HONOURABLE MR.JUSTICE V.G.ARUN

         TUESDAY, THE 5TH DAY OF NOVEMBER 2024/14TH KARTHIKA, 1946

                             WP(C) NO. 38983 OF 2024


PETITIONER:

              GAYATHRI GOPAN
              AGED 15 YEARS
              STUDYING OF STD X, VIMALA CENTRAL SCHOOL,
              KARAMKODE, KOLLAM. REPRESENTED BY FATHER GOPAKUMAR, AGED 44
              S/O RAMCHANDRAN PILLAI GEETHA BHAVAN, CHIRAKKARA VILLAGE,
              CHIRAKKARA P. O,
              KOLLAM DISTRICT, PIN - 691334

              BY ADV M.R.SASITH


RESPONDENTS:

     1        THE GENERAL CONVENOR
              KOLLAM SAHODAYA CBSE KALOTSAV,
              ACONGREGATION CBSE SCHOOLS IN KOLLAM DISTRICT, ALAPPUZHA,
              PATHANAMTHITTA DISTRICT,
              THIRUVANTHAPURAM DISTRICT.
              SAHODAYA CBSE KALOTSAV, REGISTRATION NO 47/2019,
              SASTHAMKOTTA, KOLLAM, KERALA, PIN - 690521

     2        CHAIRMAN VIMALA CENTRAL SCHOOL
              NH 47, KARAMCODE, KOLLAM, KERALA,
              PIN - 691578

     3        CENTRAL BOARD OF SECONDARY EDUCATION
              BLOCK B, 2ND FLOOR, LIC DIVISIONAL OFFICE CAMPUS, PATTOM,
              THIRUVANANTHAPURAM,
              REPRESENTED BY ITS REGIONAL DIRECTOR,
              PIN - 695004

              SRI. NIRMAL. S - SC FOR CBSE.


     THIS     WRIT    PETITION   (CIVIL)   HAVING   COME   UP   FOR   ADMISSION   ON
05.11.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 38983 OF 2024
                                     2
                                                           2024:KER:82255


                              JUDGMENT

Dated this the 5th day of November, 2024

The petitioner participated for the item Folk

Dance, Category 3 in the school level competition held

on 18.10.2024. The petitioner alleges that, in spite of

performing exceedingly well, she was placed in the third

position. As a result, the petitioner's chance of

becoming 'Kalathilakam' on the basis of her overall

performance is lost. Hence, this writ petition.

2. Learned Counsel for the petitioner

contended that even going by the Judges' remarks

produced as Ext.P2, the negative remarks made against

the petitioner is lesser than that made against the

students who secured the first and second positions.

3. Heard, learned Standing Counsel for the

CBSE also.

4. The experts in each item, are chosen as

Judges. Therefore, the Judges are best suited to award WP(C) NO. 38983 OF 2024

2024:KER:82255

marks based on their subjective assessment. This Court

cannot assume the role of an expert and decide the

correctness of the marks awarded. The remarks in

Ext.P2 cannot also be a reason for this Court to interfere,

since remarks have been awarded by the very same

persons.

For the aforementioned reasons, the writ petition

is dismissed.

Sd/-

V.G.ARUN JUDGE ARK WP(C) NO. 38983 OF 2024

2024:KER:82255

APPENDIX OF WP(C) 38983/2024

PETITIONER EXHIBITS

EXHIBIT-P1 TRUE COPY OF THE RESULT SHEET IN FOLK DANCE COMPETITION OF KOLLAM SAHODAYA KALOTSAV, 2024.

EXHIBIT-P2 TRUE COPY OF THE NOTES OF JUDGES' OPINION ALONG WITH THE WRITTEN COPY.

EXHIBIT-P3 TRUE COPY OF THE PROFORMA FOR APPEAL SUBMITTED BY THE PETITIONER TO THE 1ST RESPONDENT.

EXHIBIT-P4 TRUE COPY OF THE ORDER OF APPEAL REJECTING APPEAL ISSUED BY THE 1ST RESPONDENT.