Ishani S Nair (Minor) vs The State Of Kerala
2024 Latest Caselaw 32491 Ker

Kerala High Court

Ishani S Nair (Minor) vs The State Of Kerala on 8 November, 2024

Author: V.G.Arun

Bench: V.G.Arun

                                                        2024:KER:83529

                IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                PRESENT

                   THE HONOURABLE MR.JUSTICE V.G.ARUN

    FRIDAY, THE 8TH DAY OF NOVEMBER 2024 / 17TH KARTHIKA, 1946

                        WP(C) NO. 39516 OF 2024

PETITIONER/S:

          ISHANI S NAIR (MINOR)
          AGED 15 YEARS
          D/O. SHINOJ P.N, GOKULAM , MOKAVOOR ROAD, KUNDUPARAMBA,
          EDAKKAD P.O, KOZHIKODE REP BY HER MOTHER
          NEETHUMOL .P.V. AGED 35 YEARS,W/O. SHINOJ P.N,
          GOKULAM , MOKAVOOR ROAD, KUNDUPARAMBA, EDAKKAD P.O,
          KOZHIKODE, PIN - 673005.


          BY ADVS.
          S.K.ADHITHYAN
          CHRISTY THOMAS
          SHAHINA NOUSHAD
          REUBEN CHARLY




RESPONDENT/S:

    1     THE STATE OF KERALA
          REPRESENTED BY THE SECRETARY, GENERAL EDUCATION
          DEPARTMENT GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM,
          PIN - 695001.

    2     THE DIRECTOR GENERAL OF EDUCATION,
          OFFICE OF THE DIRECTOR GENERAL OF EDUCATION, DPI
          JUNCTION, JAGATHY, THIRUVANANTHAPURAM, PIN - 695014.

    3     THE CHAIRMAN
          APPEAL COMMITTIE, CHEVAYUR, ERANHIPALAM P.O.,
          KOZHIKODE, PIN - 673006.

    4     THE PRINCIPAL
          PRESENTATION HIGHER SECONDARY SCHOOL, CHERUVAYOOR
          MEDICAL COLLEGE RD, CHEVAYOOR, KOZHIKODE, KERALA, PIN -
          673001.
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WP(C) NO. 39516 OF 2024            2




             SRI.SUNIL KUMAR KURIAKOSE, SR.GP


      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
08.11.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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WP(C) NO. 39516 OF 2024              3




                                JUDGMENT

The petitioner participated for the item 'Bharatanatyam

(Girls) - HS' at the school level and secured 6 th position with A

Grade. Dissatisfied with the result, the petitioner preferred an

appeal, which stands dismissed as per Ext.P3. Hence, this writ

petition.

2. Learned counsel for the petitioner submits that the

petitioner's performance was adversely affected by her stepping

on the metal piece of an earring that had fallen off from the

earlier contestant. The petitioner got injured when the metal

piece pierced her leg. This reason, though stated in the

appeal, was not considered by the appeal committee.

3. A perusal of Ext.P3 order shows that the appeal

committee had considered the petitioner's grievance and had

called for the remarks of the judges before rejecting the appeal.

As such, Ext.P3 warrants no interference in exercise of judicial 2024:KER:83529

review.

In the result, the writ petition is dismissed.

Sd/-

V.G.ARUN JUDGE Sru 2024:KER:83529

APPENDIX OF WP(C) 39516/2024

PETITIONER'S EXHIBITS

Exhibit P1 A TRUE COPY OF THE RELEVANT PAGES OF KALOLSAVAM MANUAL.

Exhibit P2 TRUE COPY OF THE APPEAL FILED BY THE PETITIONER.

Exhibit P3 TRUE COPY OF THE APPEAL ORDER OF THE PETITIONER DATED 30/10/2024 BY THE 3RD RESPONDENT IN BHARATANATYAM (GIRLS) HIGH SCHOOL.

RESPONDENTS EXHIBITS : NIL