Citation : 2024 Latest Caselaw 33575 Ker
Judgement Date : 21 November, 2024
2024:KER:88186
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE V.G.ARUN
THURSDAY, THE 21ST DAY OF NOVEMBER 2024 / 30TH KARTHIKA, 1946
WP(C) NO. 41269 OF 2024
PETITIONER:
ANNIKA SANJEEV
AGED 15 YEARS
D/O SANJEEV B.V, 32/1383 A, OCEAN VILLA,
MEPPALANGATTU,KALANDITHAZHAM, CHELAVUR, KOZIKODE, REP. BY HER
FATHER, SANJEEV B.V, S/O E. BHASKARAN AGED 54 YEARS, 32/1383 A,
OCEAN VILLA, MEPPALANGATTU,KALANDITHAZHAM, CHELAVUR, KOZIKODE,
PIN - 673573
BY ADV. TONY THOMAS (INCHIPARAMBIL)
RESPONDENTS:
1 GENERAL CONVENOR
CHELAVUR REVENUE SUB-DISTRICT SCHOOL KALOLSAVAM, SUB-DISTRICT
LEVEL SCHOOL KALOLSAVAM, KOZIKODE, PIN - 673122
2 THE GENERAL CO-ORDINATOR
DIRECTOR OF PUBLIC INSTRUCTIONS THIRUVANANTHAPURAM, STATE LEVEL
SCHOOL SASTHROLSAVAM, , JAGATHI, THIRUVANANTHAPURAM, PIN -
695014
3 THE CHAIRMAN
APPEAL COMMITTEE, KOZIKODE SUB-DISTRICT LEVEL SCHOOL
KALOLSAVAM, 2024-25, KOZIKODE ( DISTRICT EDUCATION
OFFICER ,KOZHIKODE), PIN - 673122
BY ADV. DEEPA NARAYANAN, SR. GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21.11.2024,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C.)NO.41269 OF 2024
2024:KER:88186
2
JUDGMENT
Dated this the 21st day of November, 2024
The petitioner participated for the item
'Mohiniyattam' in the Chevayur Sub District School
Kalolsavam 2024-25, but could secure only A grade.
Dissatisfied with the result, the petitioner preferred an
appeal, which stands rejected by Ext.P2. The challenge
against the impugned order is mainly on the ground
that it is a non-speaking order, which does not contain
the reason for rejecting the appeal.
2. In this context it will be worthwhile to extract
the following erudite exposition in Sweety v. State of
Kerala [1994 KHC 216];
"While dealing with these cases it came to my notice that there are functionaries like 'Judges', 'Appeal Committee', etc. functioning under the rules framed for the conduct of competitions. Those bodies cannot be equated with ordinary judicial or quasi judicial bodies. As pointed out earlier, they are purely internal bodies of W.P.(C.)NO.41269 OF 2024
2024:KER:88186
the educational institutions intended to sub- serve discipline among students in situations where disputes are likely to occur. The exercise of their functions is completely confined to the field of Youth Festival where the discipline is absolutely necessary for the proper conduct of different competitions among the students. The decisions will have to be taken in certain cases on the spot and I fail to see how such decisions can be challenged in these proceedings. The assessment of performance of the participants are made by the 'judges'. Their wisdom and reason are final in such internal matters of educational institutions. However as an abundant caution the appeals are provided before the 'appeal committee' against the decision of the 'Judges'. The decision of the 'appeal' committee' shall be accepted as conclusive and final by the students and all others. That is purely a matter of observance of internal discipline. This court, according to me, will not be justified in interfering with such assessment of performance made by the appeal committee in their discretionary powers."
3. I am in respectful agreement with the above
observations. Even though it would be ideal for the
appeal committee to pass reasoned orders, failure to do W.P.(C.)NO.41269 OF 2024
2024:KER:88186
so, by itself, does not constitute sufficient reason for
interference under Article 226.
The writ petition is hence dismissed.
Sd/-
V.G.ARUN
JUDGE NB/21-11 W.P.(C.)NO.41269 OF 2024
2024:KER:88186
APPENDIX OF WP(C) 41269/2024
PETITIONER EXHIBITS
EXHIBIT P1 A TRUE COPY OF THE TABULATION SHEET ISSUED BY THE PROGRAM CONVENOR, ELATHUR DATED ON 12/11/2024
EXHIBIT P2 A TRUE COPY OF ORDER IN THE APPEAL ISSUED BY THE DEPUTY DIRECTOR OF EDUCATION(DISTRICT), KOZIKODE DATED ON 18/11/2024
RESPONDENTS EXHIBITS: NIL TRUE COPY P.A. TO JUDGE
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