Kerala High Court
Niya Rita Anish vs The State Of Kerala on 3 January, 2025
WP(C) NO. 46865 of 2024 1 2025:KER:15
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. 46865 OF 2024
PETITIONER:
NIYA RITA ANISH
AGED 17 YEARS
REP BY HER FATHER ANISH T MOOKAN S/O. THOMAS N.M.,
NEELATHUMMUCKIL (H), VEETTAMPARA, OTTAPPALAM,
PALAKKAD, PIN - 679102
BY ADVS.
K.R.MONISHA
K.C.HARISH
RESPONDENTS:
1 THE STATE OF KERALA
REPRESENTED BY SECRETARY TO EDUCATIONAL DEPARTMENT
THIRUVANANTHAPURAM, PIN - 695001
2 THE CHAIRMAN
APPEAL COMMITTEE, PALAKKAD REVENUE DISTRICT KERALA
SCHOOL KALOLSAVAM 2024 - 25
JOINT DIRECTOR OF EDUCATION KITE IT @ SCHOOL
DISTRICT OFFICE PALAKKAD, PIN - 678001
3 DIRECTOR OF GENERAL EDUCATION
JAGATHI, THIRUVANANTHAPURAM, PIN - 695014
4 DIRECTOR OF HIGHER SECONDARY EDUCATION
HOUSING BOARD BUILDING, SANTHI NAGAR,
THIRUVANANTHAPURAM, PIN - 695001
5 GENERAL CONVENOR
ORGANISING COMMITTEE, OTTAPALAM REVENUE DISTRICT,
WP(C) NO. 46865 of 2024 2 2025:KER:15
KERALA SCHOOL KALOLSAVAM 2024 - 25 OTTAPALAM, PIN -
679101
6 GENERAL CONVENOR
ORGANISING COMMITTEE KERALA STATE SCHOOL KALOLSAVAM
2024 - 25, THIRUVANANTHAPURAM,
PIN - 695001
Adv.Sri.E.G.GORDEN - GP
BY ADV GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 03.01.2025, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
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JUDGMENT
Dated, this the 3rd day of January, 2025
The petitioner was a contestant in the Palakkad Revenue
District Kerala School Kalolsavam 2024-2025 in the item
'Mono Act'. She could obtain only the 2nd position, with
'A' Grade. Only the persons, who obtained the fist
position will be eligible for contesting in the State
Kalolsavam. According to the petitioner, the candidate
who obtained the first rank was given more time than that
is stipulated in the Manual. Though this issue was
specifically pointed out in the Appeal preferred by the
petitioner, the same is not answered in Ext.P6 order by
the Appellate Authority. Learned counsel would submit
that the difference in the mark is only three, therefore,
the petitioner may also be permitted to contest in the
Kerala State School Kalolsavam 2024-2025.
2. This submission was seriously opposed by the learned
Government Pleader. Even if Ext.P5 photograph is to be
reckoned as correct, the extra time granted is only 7
seconds, for which reason alone, the grading made by the
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Judges cannot be interfered with, is the submission made
by the learned Government Pleader.
3. Having heard the learned counsel appearing for both
sides, this Court finds little merit in this writ
petition. Primarily, this Court is not in a position to
ascertain whether the contestant, who was awarded with 1 st
rank, was afforded extra time. Even assuming Ext.P5
photograph is correct, the extra time granted is only 7
seconds. The difference between the petitioner and one
who obtained the 1st rank is three marks, which is
significant in the context of a competition. That apart,
Ext.P6 is the Order passed by the Appellate Authority,
which specifically refers to the fact that the applicant
was heard; that the Score Sheet, Video and the Report of
the Stage Manager were perused and analyzed; and that the
reasons stated in the Appeal have not been made out. As
regards the alleged infirmity with respect to the stage,
the Appellate Authority found that the stage was common
for all the contestants, in which case, the petitioner
cannot make out any individual grievance in respect of
the same. On such premise, the appeal stand dismissed.
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4. This Court finds no tangible reason to interfere with
Ext.P6 order of the Appellate Authority. This Court in
exercise of its jurisdiction under Article 226 of the
Constitution of India, cannot indulge in a fact finding
mission, so as to ascertain whether the allegations made
in the writ petition are correct or not, inasmuch as such
allegations are essentially fact centric. There is no
violation of any natural justice.
In the afore circumstances, this writ petition will stand
dismissed.
Sd/-
C. JAYACHANDRAN
JUDGE
MC/3.01
WP(C) NO. 46865 of 2024 6 2025:KER:15
APPENDIX OF WP(C) 46865/2024
PETITIONER EXHIBITS
Exhibit-P1 A TRUE COPY OF THE PARTICIPANTS' CARD
ISSUED TO THE PETITIONER DATED 27.11.2024
Exhibit-P2 A TRUE COPY OF THE CERTIFICATE OF MERIT
ISSUED TO THE PETITIONER
Exhibit-P3 A TRUE COPY OF THE RELEVANT PAGES OF THE
MANUAL
Exhibit-P4 A TRUE COPY OF THE SCORE SHEET OF THE
PETITIONER FOR THE EVENT OF MONO-ACT
Exhibit-P5 A TRUE COPY OF SCREEN SHOTS TAKEN FROM
THE VIDEOGRAPHY OF THE EVENT, EXHIBITING
THE TIMES CONSUMED BY THE 1ST RANK HOLDER
AND THE PETITIONER
Exhibit-P6 A TRUE COPY OF THE ORDER NO.
DDEPKD/5501/2024-K2 OF THE APPEAL
COMMITTEE DATED 06.12.2024
