Citation : 2025 Latest Caselaw 1876 Ker
Judgement Date : 3 January, 2025
2025:KER:58
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. 46481 OF 2024
PETITIONER(S):
ANJALI V. KRISHNA
AGED 16 YEARS
D/O. SUDHEESH KUMAR, AGED 16 YEARS, ST. LITTLE THERESA GIRLS
HSS, VAIKOM, KOTTAYAM, RESIDING AT AMBAZHATHUKAV, T.V. PURAM
P.O., VAIKOM, KOTTAYAM, REP. BY HER FATHER & GUARDIAN, SUDHEESH
KUMAR, AGED 48 YEARS, S/O. PURUSHOTHAMAN, AMBAZHATHUKAV, T.V.
PURAM P.O., VAIKOM,KOTTAYAM, PIN - 686601
BY ADVS.
SUNIL KUMAR A.G
GEORGE MATHEW
BIJILY JOSEPH
MATHEW K.T.
GEORGE K.V.
RESPONDENT(S):
1 STATE OF KERALA
REP. BY ITS SECRETARY, GENERAL EDUCATION DEPARTMENT,
GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001
2 ORGANIZING COMMITTEE
KERALA SCHOOL KALOLSAVAM 2024-2025, REP. BY ITS GENERAL
CO-ORDINATOR/DIRECTOR OF PUBLIC INSTRUCTIONS, GENERAL EDUCATION
DEPARTMENT, THIRUVANANTHAPURAM, PIN - 695001
3 THE CHAIRMAN, APPEAL COMMITTEE FOR KERALA SCHOOL KALOTHSAVAM
2024-2025
DEPUTY DIRECTOR OF EDUCATION, DDE OFFICE, THEVALLY, KOLLAM
DISTRICT, PIN - 691001
4 THE GENERAL CONVENOR - PROGRAMME COMMITTEE
DEPUTY DIRECTOR OF EDUCATION, DDE OFFICE, VAYASKARAKUNNU,
KOTTAYAM, PIN - 686001
BY ADV. SURYA BINOY, SR. 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:58
W.P.(C.) No.46481 of 2024
-2-
C.JAYACHANDRAN, J.
=======================
W.P.(C.) No.46481 of 2024
========================
Dated this the 03rd day of January, 2025
JUDGMENT
The petitioner had participated in the item
'Bharathanatyam' in the Kottayam Revenue District
Kalolsavam, but could secure only the 2 nd place, with A
grade. The specific allegation raised is that the loud
speaker at the stage was not clearly audible, which
prevented the petitioner from hearing the song, thus
affecting her performance. Although an appeal was
preferred, the same was dismissed by Ext.P1, without
adverting to the grievance raised by the petitioner. On
such premise, the petitioner seeks the relief for
participating in the State Kalolsavam.
2. These submissions were seriously opposed by the
learned Government Pleader. The difference of mark 2025:KER:58
between the petitioner and the contestant who obtained
the 1st prize, is four.
3. Having heard the learned Counsel appearing for the
respective parties, this Court is not inclined to allow
the instant writ petition. A perusal of Ext.P1
appellate order would indicate that the appellate
committee had perused the score sheet and the report of
the stage manager; and an analyzis of the same would
not make out the allegations levelled in the appeal.
That apart, this Court also notice that the defect, if
any in the sound system, is common to all the
candidates, including the petitioner, wherefore, the
petitioner cannot espouse any peculiar grievance on
account of the same. Ext.P1 also took stock of the fact
that the marks given by all the three judges are more
or less similar/comparable.
4. This Court cannot sit in appeal over the factual
findings of the appellate committee. Nor is this Court
expected to do so in exercise of its powers under 2025:KER:58
Article 226 of the Constitution of India.
The writ petition is dismissed accordingly.
Sd/-
C. JAYACHANDRAN
JUDGE NB/3-1 2025:KER:58
APPENDIX OF WP(C) 46481/2024
PETITIONER EXHIBITS
EXHIBIT P1 TRUE COPY OF PROCEEDING NO. C35782/2024 DTD.
03.12.2024 ISSUED BY 3RD RESPONDENT IN PETITIONER'S APPEAL
TRUE COPY
P.A. TO JUDGE
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