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Vaiga Rajesh vs State Of Kerala Represented By The ...
2024 Latest Caselaw 31563 Ker

Citation : 2024 Latest Caselaw 31563 Ker
Judgement Date : 5 November, 2024

Kerala High Court

Vaiga Rajesh vs State Of Kerala Represented By The ... on 5 November, 2024

Author: V.G.Arun

Bench: V.G.Arun

                                                       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
                                          3
                                                                   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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