Kerala High Court
Aliyamol vs State Of Kerala on 3 January, 2025
WP(C)Nos.46612 & 46605 of 2024 2025:KER:76
1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C. JAYACHANDRAN
FRIDAY, THE 3RD DAY OF JANUARY 2025 / 13TH POUSHA, 1946
WP(C) NO. 46605 OF 2024
PETITIONER:
HARSH H.
AGED 16 YEARS
SON OF SRI. HARISH KUMAR T., HARI NIVAS HOUSE,
PERUMBAIKADU VILLAGE, KUMARANELLOOR P.O., THELLAKOM,
KOTTAYAM DISTRICT, KERALA, REPRESENTED BY FATHER AND
NATURAL GUARDIAN HARISH KUMAR T., AGED 48 YEARS, SON
OF SRI. THANKAPPAN, HARI NIVAS HOUSE, PERUMBAIKADU
VILLAGE, KUMARANELLOOR P.O., THELLAKOM, KOTTAYAM
DISTRICT, KERALA, PIN - 686016
BY ADV LUKE J CHIRAYIL
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY ITS PRINCIPAL SECRETARY TO THE
GENERAL EDUCATION DEPARTMENT, GOVERNMENT
SECRETARIAT, THIRUVANANTHAPURAM, KERALA,
PIN - 695001
2 THE DEPUTY DIRECTOR OF EDUCATION
OFFICE OF THE DEPUTY DIRECTOR OF EDUCATION, PALACE
ROAD, MOOLAVATTOM, KOTTAYAM DISTRICT, KERALA,
PIN - 686001
3 THE CHAIRMAN
APPEAL COMMITTEE, KOTTAYAM REVENUE DISTRICT SCHOOL
KALOLSAVAM, OFFICE OF THE DEPUTY DIRECTOR OF
EDUCATION, PALACE ROAD, MOOLAVATTOM, KOTTAYAM
DISTRICT, KERALA, PIN - 686001
SRI.E.G.GORDEN - GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 03.01.2025, ALONG WITH WP(C).46612/2024, THE COURT ON THE
SAME DAY DELIVERED THE FOLLOWING:
WP(C)Nos.46612 & 46605 of 2024 2025:KER:76
2
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C. JAYACHANDRAN
FRIDAY, THE 3RD DAY OF JANUARY 2025 / 13TH POUSHA, 1946
WP(C) NO. 46612 OF 2024
PETITIONER:
ALIYAMOL
AGED 17 YEARS
DAUGHTER OF SRI. ABDUL RAHIM K.S., KARAKKAD HOUSE,
NADAKKAL P.O., ERATTUPETTA, ERATTUPETTA P.O.,
KOTTAYAM DISTRICT, KERALA, REPRESENTED BY FATHER AND
NATURAL GUARDIAN ABDUL RAHIM K.S., AGED 44 YEARS,
SON OF SRI. RAHIM, KARAKKAD HOUSE, NADAKKAL P.O.,
ERATTUPETTA, ERATTUPETTA P.O., KOTTAYAM DISTRICT,
KERALA, PIN - 686121
BY ADV LUKE J CHIRAYIL
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY ITS PRINCIPAL SECRETARY TO THE
GENERAL EDUCATION DEPARTMENT, GOVERNMENT
SECRETARIAT, THIRUVANANTHAPURAM, KERALA,
PIN - 695001
2 THE DEPUTY DIRECTOR OF EDUCATION
OFFICE OF THE DEPUTY DIRECTOR OF EDUCATION, PALACE
ROAD, MOOLAVATTOM, KOTTAYAM DISTRICT, KERALA,
PIN - 686001
3 THE CHAIRMAN
APPEAL COMMITTEE, KOTTAYAM REVENUE DISTRICT SCHOOL
KALOLSAVAM, OFFICE OF THE DEPUTY DIRECTOR OF
EDUCATION, PALACE ROAD, MOOLAVATTOM, KOTTAYAM
DISTRICT, KERALA, PIN - 686001
SMT.SURYA BINOY - SR. GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 03.01.2025, ALONG WITH WP(C).46605/2024, THE COURT ON THE
SAME DAY DELIVERED THE FOLLOWING:
WP(C)Nos.46612 & 46605 of 2024 2025:KER:76
3
JUDGMENT
[WP(C) Nos.46612/2024, 46605/2024]
Dated, this the 3rd day of January, 2025
In these cases, the petitioners along with their team
participated in the Kerala Revenue District School
Kalolsavam 2024-2025, Kottayam, on the events 'Duff
Muttu' and 'Oppana' respectively. Their grievance is
common to the effect that the members of the Judging
Committee were not well versed with Arabic language,
which rendered them incompetent to judge the events
concerned. In Ext.P2 orders of the Appeal committee, the
finding is that there were mistakes while pronouncing the
arabic terms.
2. This submission was opposed by the learned Government
Pleader. In W.P(C)No.46612 of 2024 the specific
instruction is that one among the members of the Appeal
Committee, namely Mr.Abdul Azeez, was an awardee for
overall contribution for the Mappila Arts, apart from
several other achievements in his credit.
WP(C)Nos.46612 & 46605 of 2024 2025:KER:76
3. This Court notice that though there is an allegation
with respect to the competence of the judges made in
these writ petitions, there is nothing which would prima
facie indicate the same. The Appeal preferred by the
petitioners in these cases are not produced, which
prevents this Court from ascertaining whether any
allegation regarding the competence of the judges were
raised at all.
4. A perusal of Ext.P2 in both these cases would indicate
that the appeal has been disposed of taking into account
the relevant criteria. It has been specifically found
vide Ext.P2 in WP(C)No.46612 of 2024 that there were
spelling mistakes with respect to the arabic terms during
the song. It was also found that the performance of the
team which obtained the first position was much better
than the petitioner's team, which is the case with
respect to the team co-ordination as well. Coming to
Ext.P2 in WP(C)No.46605 of 2024, it could be seen that
the petitioner was heard and the video was examined,
besides perusing the report of the Stage Manager.
WP(C)Nos.46612 & 46605 of 2024 2025:KER:76
5. A specific issue with respect to the pronunciation
while singing the song is seen highlighted in Ext.P2
Therefore, this Court is not in a position to find that
the facts found by the Appeal Committee is bereft of any
merits or bonafides. Sitting in this jurisdiction under
Article 226 of the Constitution of India, this Court
cannot reappreciate such facts found by the Appeal
Committee.
6. One another contention raised by the learned counsel
for the petitioners is that, Ext.P2 order doesn't contain
the seal of the Appeal Committee or the designation of
the members of the Appeal Committee. Ext.P2 would
indicate that the said orders were signed by the Chairman
of the Appeal Committee, which includes his PEN Number.
The petitioners have no case that Sri.Lal K.A., who
signed Ext.P2, is not entitled to be the Chairman of the
Appeal Committee. Since the Appeal Committee is
constituted only for the purpose of Kalolsavam, the
absence of seal cannot loom large.
WP(C)Nos.46612 & 46605 of 2024 2025:KER:76
These writ petitions will therefore stand dismissed.
Sd/-
C. JAYACHANDRAN
JUDGE
MC/03.01
WP(C)Nos.46612 & 46605 of 2024 2025:KER:76
APPENDIX OF WP(C) 46605/2024
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE RECEIPT DATED 27.11.2024
NUMBERED AS 005 ISSUED BY CHAIRMAN FOR
APPEAL COMMITTEE OF 35TH KOTTAYAM REVENUE
DISTRICT SCHOOL KALOLSAVAM 2024-25.
Exhibit P2 TRUE COPY OF THE ORDER DATED 03.12.2024
NUMBERED AS C3/5782/2024 ISSUED BY LAL
K.I. (PEN. 592041), APPEAL COMMITTEE
CHAIRMAN, KOTTAYAM REVENUE DISTRICT SCHOOL
KALOLSAVAM.
WP(C)Nos.46612 & 46605 of 2024 2025:KER:76
APPENDIX OF WP(C) 46612/2024
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE RECEIPT DATED 28.11.2024
NUMBERED AS 019 ISSUED BY CHAIRMAN FOR
APPEAL COMMITTEE OF 35TH KOTTAYAM REVENUE
DISTRICT SCHOOL KALOLSAVAM 2024-25.
Exhibit P2 TRUE COPY OF THE ORDER DATED 03.12.2024
NUMBERED AS C3/5782/2024 ISSUED BY LAL
K.I. (PEN. 592041), APPEAL COMMITTEE
CHAIRMAN, KOTTAYAM REVENUE DISTRICT SCHOOL
KALOLSAVAM.
