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Annika Sanjeev vs General Convenor
2024 Latest Caselaw 33575 Ker

Citation : 2024 Latest Caselaw 33575 Ker
Judgement Date : 21 November, 2024

Kerala High Court

Annika Sanjeev vs General Convenor on 21 November, 2024

Author: V.G.Arun

Bench: V.G.Arun

                                                                 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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