Kerala High Court
Parvathy Saji vs The State Of Kerala on 3 January, 2025
2025:KER:104
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.46757 OF 2024
PETITIONER:
PARVATHY SAJI, AGED 15 YEARS, D/O.SAJITHKUMAR T.C,
KANNUVAYAL KUNIYIL HOUSE, MADAPPALLI COLLEGE P.O,
KOZHIKODE MINOR REPRESENTED BY FATHER,
THE GUARDIAN AND NEXT FRIEND, SAJITHKUMAR T.C,
S/O.PADMANABHAN K.K, AGED 50 YEARS,
KANNUVAYAL KUNIYIL HOUSE, MADAPPALLI COLLEGE P.O,
KOZHIKODE- 673 102, PIN - 673102.
BY ADVS.
T.D.SUSMITH KUMAR
JAYKAR.K.S.
VANDANA A.
ANJALI R. MENON
C.SIVADAS
RESPONDENTS:
1 THE STATE OF KERALA,
REPRESENTED BY THE SECRETARY TO GOVERNMENT,
GENERAL EDUCATION DEPARTMENT,
GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695001.
2 THE DIRECTOR GENERAL OF EDUCATION,
OFFICE OF THE DIRECTOR GENERAL OF EDUCATION,
JAGATHY, THIRUVANANTHAPURAM, PIN - 695014.
W.P.(C) No.46757 of 2024
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3 THE DEPUTY DIRECTOR OF EDUCATION,
OFFICE OF THE DEPUTY DIRECTOR OF EDUCATION,
KOZHIKODE, PIN - 673001.
4 THE GENERAL CONVENER,
(DEPUTY DIRECTOR OF EDUCATION),
KOZHIKODE REVENUE DISTRICT SCHOOL YOUTH FESTIVAL
2024, OFFICE OF THE DEPUTY DIRECTOR OF EDUCATION,
KOZHIKODE, PIN - 673001.
5 THE APPEAL COMMITTEE,
REPRESENTED BY ITS CHAIRMAN,
KOZHIKODE REVENUE DISTRICT KALOLSAVAM 2024,
OFFICE OF THE DEPUTY DIRECTOR OF EDUCATION,
KOZHIKODE, PIN - 673001.
6 THE APPEAL COMMITTEE, REPRESENTED BY ITS CHAIRMAN,
KOZHIKODE SUB-DISTRICT KALOLSAVAM 2024,
OFFICE OF THE DEPUTY DIRECTOR OF EDUCATION,
KOZHIKODE, PIN - 673001.
7 THE GENERAL CONVENER,
63RD KERALA STATE SCHOOL YOUTH FESTIVAL PROGRAMME
COMMITTEE 2024-2025,
OFFICE OF THE DEPUTY DIRECTOR OF EDUCATION,
THIRUVANANTHAPURAM, PIN - 695001.
BY ADVS. SRI.VENUGOPAL.V, SENIOR GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 03.01.2025, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
W.P.(C) No.46757 of 2024
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JUDGMENT
Dated, this the 3rd day of January, 2025
The petitioner has participated in the District School
Kalotsavam in the event 'Nadodi Nrutham'. Though the
petitioner played well, she could only secure the 14th position
with 'A' Grade. Learned counsel would point out that there was
violation of the Kalotsavam manual as could be seen from
Exts.P1 and P2 score sheets.
2. In Ext.P1, as against code no.50, there is a correction
to the effect that 17 is seen corrected as 18, at running page
no.22. Similarly in Ext.P1 at running page no.24, there is a
correction as against code no.51 and the figure is seen
corrected as 19. Learned counsel would point out that there
was widespread protest over the manner in which the
performance were evaluated by the Judges Committee in respect
of the subject event, 'Nadodi Nrutham'. A paper cutting to
that effect is produced at Ext.P4. Learned counsel would
submit that the petitioner is entitled to be permitted to
participate in the State Kalotsavam on the afore referred
grounds.
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3. This was seriously opposed by the learned Public
Prosecutor.
4. This Court notice that the petitioner could obtain only
the 14th position and the marks difference between the
petitioner and the candidate, who obtained the first position
is 18. It is true that there is a correction seen at running
page nos.24 and 22 of Ext.P1 and that the same has not been
counter signed by the Judge concerned. However, that, by
itself, cannot take the petitioner to the zone of
consideration, inasmuch as the difference in the marks is 18
between herself and the candidate, who obtained the first
position. The petitioner could obtain only the 14 th position.
It is indisputed that the candidate, who obtains the first
position alone is entitled to compete in the State Kalotsavam.
Therefore, even if the contentions raised by the petitioner
are presumed to be correct, the same cannot give rise to a
cause of action in favour of the petitioner, which will enable
her to contest in the State Kalotsavam. The protest executed
vide Ext.P4 cannot be of any moment, since the same is made by
the parents of the participants, the context of which, is not
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been made available to this Court. Yet another contention
raised by the learned counsel for the petitioner is with
respect to the change in the name of the evaluator as could be
seen from Ext.P1 at running page nos.21 and 22. At running
page no.21, it is stated as R.L.V Sali Rajan, whereas, in page
no.22, it is R.L.V Sali. This, again, is not a recognisable
ground so as to afford relief to the petitioner.
In the circumstances, this Writ Petition lacks merits
and the same will stand dismissed.
Sd/-
C.JAYACHANDRAN, JUDGE
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APPENDIX OF WP(C) 46757/2024
PETITIONER'S EXHIBITS:
EXHIBIT P-1 A TRUE COPY OF THE FINAL RESULT ALONG
WITH THE TABULATION SHEET AND SCORE SHEET
PERTAINING TO THE NADODINIRUTHAM HS
(GIRLS), DATED 22/11/2024 OF DISTRICT
SCHOOL KALOLSAVAM, DATED 23/11/2024.
EXHIBIT P-2 A TRUE COPY OF THE ORDER NO.A4/KALOLSAVAM
APPEAL/2024 DATED 18/11/2024 ISSUED BY
THE 6TH RESPONDENT.
EXHIBIT P-3 A COPY OF THE ORDER NO.C2/9152/2024(85)
DATED 07/12/2024 ISSUED BY THE 5TH
RESPONDENT.
EXHIBIT P-4 A TRUE COPY OF THE RELEVANT PORTION OF
THE MATHRUBHUMI DAILY AS REPORTED AS OF
23/12/2024.
