Sreelakshmi Babu vs Director Of General Education
2025 Latest Caselaw 1873 Ker

Citation : 2025 Latest Caselaw 1873 Ker
Judgement Date : 3 January, 2025

Kerala High Court

Sreelakshmi Babu vs Director Of General Education on 3 January, 2025

                                                         2025:KER:73
WP(C) NO. 45181 OF 2024

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              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. 45181 OF 2024

PETITIONER:

            SREELAKSHMI BABU
            AGED 17 YEARS
            (MINOR), D/O. K.G BABU,
            KOTTUPARAMBIL HOUSE, KADUNGAMANGALAM P.O,
            THIRUVANKULAM ERNAKULAM,
            REP. BY HER FATHER & LAWFUL GUARDIAN,
            K.G BABUMON, AGED 49 YEARS, S/O. GOPINATHAN,
            KOTTUPARAMBIL HOUSE, KADUNGAMANGALAM P.O,
            THIRUVANKULAM, ERNAKULAM, PIN - 682305


            BY ADV MANU ROY


RESPONDENTS:

     1      DIRECTOR OF GENERAL EDUCATION
            JAGATHY, THIRUVANANTHAPURAM,
            PIN - 695014

     2      THE DEPUTY DIRECTOR OF EDUCATION
            DDE OFFICE, CIVIL STATION,
            KAKKANAD, PIN - 682030

     3      THE DISTRICT EDUCATIONAL OFFICER
            GENAREL HOSPTEL ROAD,
            ERNAKULAM, PIN - 682011

     4      THE CHAIRMAN
            APPEAL COMMITTEE OF ERNAKULAM DISTRICT SCHOOL
            KALOLSAVAM, DDE OFFICE,
                                                                  2025:KER:73
WP(C) NO. 45181 OF 2024

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             CIVIL STATION, KAKKANAD, PIN - 682030

             BY GOVERNMENT PLEADER


      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON   03.01.2025,    THE   COURT   ON       THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
                                                                 2025:KER:73
WP(C) NO. 45181 OF 2024

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                                   JUDGMENT

Dated, this the 3rd day of January, 2025

The petitioner participated in the event 'Mohiniyattom',

but, she could secure only third place. She approached

this Court on various grounds. This Court, by order

dated 24.12.2024, directed the Appeal Committee to

consider the appeal preferred by the petitioner and to

take a decision within a period of three days.

2. Learned counsel for the petitioner would hand over

a copy of the order, which would indicate that the same

was served on the Office of the Deputy Director,

Education on 27.12.2024, as is decipherable from the seal

contained therein. The grievance of the petitioner now

is that the appeal has not been considered, despite a

lapse of ten days.

3. Learned Government Pleader would submit that the

appeal committee has no idea with respect to the interim

order passed by this Court in this Writ Petition.

4. The contention of the learned Government Pleader, 2025:KER:73 WP(C) NO. 45181 OF 2024

based on the instructions she received, cannot be

countenanced for a moment. A copy of the order, which has

been handed over to this Court by the learned counsel for

the petitioner, would indicate that the order has been

served in the Office of the Deputy Director, Education on

27.12.2024. It is a case of sheer non-compliance with

this Court's order, wherefore the benefit of such

inaction should enure to the petitioner.

5. Accordingly, this Writ petition is allowed by

permitting the petitioner to participate in the event

'Mohiniyattom' in the State Kalolsavam at the Higher

Secondary level. There will be a direction to that

effect.

The Writ Petition is allowed as indicated above.

Sd/-

C. JAYACHANDRAN

JUDGE SPV/03-01 2025:KER:73 WP(C) NO. 45181 OF 2024

APPENDIX OF WP(C) 45181/2024

PETITIONER'S EXHIBITS

EXHIBIT P1 A COPY OF THE ORDER DATED 22-11-2024 PASSED BY THE 4TH RESPONDENT ALLOWING THE APPEAL

EXHIBIT P2 A COPY OF APPEAL MEMORANDUM DATED 26-11-

EXHIBIT P3 A COPY OF THE COVERING LETTER ISSUED BY THE FATHER OF THE PETITIONER

EXHIBIT P4 A COPY OF THE DELIVERY CONFIRMATION STATUS OBTAINED FROM THE WEBSITE OF THE POSTAL DEPARTMENT CONFIRMING THE DELIVERY OF EXT.P2 AND EXT.P3 ON 11-12-2024