Citation : 2024 Latest Caselaw 31563 Ker
Judgement Date : 5 November, 2024
2024:KER:82237
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. 38962 OF 2024
PETITIONER:
VAIGA RAJESH
AGED 12 YEARS, D/O RAJESH,
7TH STANDARD STUDENT, GOVT. H.S.S PALAYAMKUNNU,
REPRESENTED BY HER MOTHER, RENJITHA R,
W/O RAJESH, GOVINDA SADANAM, POOTHAKKULAM,
KOLLAM, PIN - 691302
BY ADVS.
M.R.SASITH
R.K.CHIRUTHA
ANJANA SURESH.E
REETHU JACOB
RIYA KOCHUMMAN
NANMA.B.B
LIDHIYA GEORGE
AISWARYA AJAYAGHOSH
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY THE PRINCIPAL SECRETARY TO GOVERNMENT
GENERAL EDUCATION DEPARTMENT, SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695001
2 THE GENERAL CONVENER,
KERALA SCHOOL KALOLSAVAM 2024-2025
THE DIRECTOR OF GENERAL EDUCATION,
JAGATHY P.O., THIRUVANANTHAPURAM,
PIN - 695014
WP(C) NO. 38962 OF 2024
2
2024:KER:82237
3 THE CHAIRMAN APPEAL COMMITTEE
KERALA SCHOOL KALOLSAVAM 2024-2025
THE DEPUTY DIRECTOR OF EDUCATION,
THEVALLY P.O., KOLLAM, PIN - 691009
4 THE GENERAL CONVENER,
KOLLAM DISTRICT SCHOOL KALOLSAVAM 2024-2025
THE DISTRICT EDUCATIONAL OFFICER, COLLECTORATE,
CUTCHERY P.O., KOLLAM, PIN - 691013
5 THE PRINCIPAL,
GOVT. H.S.S SCHOOL, PALAYAMKUNNU
QPJV+6G4, VARKALA PARIPALLY_MADATHARA ROAD,
PALAYAMKUNNU, THIRUVANANTHAPURAM, KERALA,
PIN - 695146
SRI. SUNILKUMAR KURIAKOSE, SR. GP.
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. 38962 OF 2024
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2024:KER:82237
JUDGMENT
Dated this the 5th day of November, 2024
The petitioner, an 8th standard student,
participated for the item "Kadhaprasangam" (U.P-Girls)
Competition at the school level and secured second
position. Aggrieved by the result, the petitioner
preferred an appeal, which stands rejected by Ext.P3.
Hence, this writ petition.
2. Learned Counsel for the petitioner
submitted that the difference in marks between the
petitioner and the first placed student is only one and
the contentions raised in the appeal were neither
considered nor the petitioner heard before rejecting the
appeal as per Ext.P3.
3. I heard the learned Government Pleader
also.
4. The reasons for the petitioner being
placed at second position is clearly stated in Ext.P3. The WP(C) NO. 38962 OF 2024
2024:KER:82237
Kalolsavam Manual does not envisage opportunity of
hearing to the appellants. As such, I find no reason to
interfere with Ext.P3 in exercise of the power of judicial
review.
In the result, the writ petition is dismissed.
Sd/-
V.G.ARUN JUDGE ARK WP(C) NO. 38962 OF 2024
2024:KER:82237
APPENDIX OF WP(C) 38962/2024
PETITIONER EXHIBITS
EXHIBIT-P1 THE TRUE COPY OF THE MARK SHEET SHOWING THE MARK OF THE PETITIONER ISSUED BY THE 5TH RESPONDENT ALONG WITH THE WRITTEN COPY.
EXHIBIT-P2 TRUE COPY OF THE RECEIPT OF PAYMENT OF FEE FOR APPEAL ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER DATED 22.10.2024.
EXHIBIT-P3 THE TRUE COPY OF THE ABOVE ORDER DATED 28/10/2024.
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