Kerala High Court
Niranjana Krishna P H (Minor) vs State Of Kerala on 3 January, 2025
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WP(C) NO. 46422 OF 2024
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. 46422 OF 2024
PETITIONER:
NIRANJANA KRISHNA P H (MINOR)
AGED 13 YEARS
STUDENT, 9TH STANDARD A.R.NAGAR,
HIGHER SECONDARY SCHOOL
REP. BY HER FATHER & NEXT FRIEND
HARIKRISHNAN K., 'NARIKKOODU BHAVAN',
POST POOKKOTTUR, MALAPPURAM DISTRICT, PIN -
676517
BY ADVS.
P.VIJAYAKUMAR
C.R.REGHUNATHAN
RESPONDENTS:
1 STATE OF KERALA
REP. BY SECRETARY,
DEPARTMENT OF GENERAL EDUCATION,
TRIVANDRUM, PIN - 695001
2 DIRECTOR OF GENERAL EDUCATION,
JAGATHI, THIRUVANANTHAPURAM-, PIN - 695014
3 DEPUTY DIRECTOR OF EDUCATION
POST MALAPPURAM. MALAPPURAM DISTRICT,
PIN - 676505
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WP(C) NO. 46422 OF 2024
2
4 MANOJKUMAR C.
CHAIRMAN MALAPPURAM REVENUE KALOLSAVAM APPEAL
COMMITTEE & DEPUTY DIRECTOR OF EDUCATION
KOZHIKODE, PIN - 673002
5 DISTRICT EDUCATION OFFICER
PARAPPANANGADY,
MALAPPURAM DISTRICT, PIN - 676306
BY 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:
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WP(C) NO. 46422 OF 2024
3
JUDGMENT
Dated, this the 3rd day of January, 2025
The petitioner participated in the event
'Samskrita Chambu Prabhashanam' and could secure
only second position, with A Grade. The specific
allegations are with respect to the echo of the
mike, space constraints of the stage, etc, which
were espoused in the Ext.P4 appeal preferred by the
petitioner. However, the same was dismissed vide
Ext.P7, despite finding that the performance made by
the petitioner was quite good. According to the
counsel, there was complete non-application of mind
by the Appellate Authority, inasmuch as Ext.P7
refers to the item as a team event, whereas, it was
an individual event, in fact.
2. These submissions were refuted by the Learned
Government Pleader.
3. Having heard the learned Counsel appearing
for the respective parties, this Court finds prima
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WP(C) NO. 46422 OF 2024
facie merit in the instant Writ Petition. The
specific finding in Ext.P7 is that the performance
was quite good (മികച്ച അവതരണം). That apart, the
allegation made by the learned counsel as regards
the reference to a team item, whereas the item in
question is an individual item, would also lend some
support to the petitioner's contention that the
order was passed mechanically, without any
application of mind. Another aspect, which could be
seen from Ext.P7 order is that the Appellate
Authority has not stated the difference in the marks
between the petitioner and the first prize holder.
Learned Government Pleader is also not in a position
to submit such difference in the marks.
4. Taking into account the overall
circumstances, this Court is of the opinion that the
petitioner can be permitted to contest in the State
Kalolsavam. In such circumstances, this writ
petition is allowed, with a direction to permit the
petitioner to contest in the State Kalolsavam in the
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WP(C) NO. 46422 OF 2024
event 'Samskrita Chambu Prabhashanam'.
The Writ Petition is allowed as above.
Sd/-
C. JAYACHANDRAN
JUDGE
SPV/03-01
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WP(C) NO. 46422 OF 2024
APPENDIX OF WP(C) 46422/2024
PETITIONER'S EXHIBITS
EXHIBIT P1 TRUE COPY OF THE PHOTOGRAPHS OF THE STAGE
NO 14 ARRANGED FOR PERFORMANCE OF
'SAMSKRITA CHAMBU PRABHASHANAM' AT
MALAPPURAM REVENUE DISTRICT KALOLSAVAM 2024
EXHIBIT P2 TRUE COPY OF THE RELEVANT PAGES OF THE
PORTION OF THE MANUAL PROVIDING PARAMETERS
FOR JUDGING THE EVENT OF 'SAMSKRITA CHAMBU
PRABHASHANAM'
EXHIBIT P3 TRUE COPY OF THE RESULT PUBLISHED BY THE
3RD RESPONDENT ON 'SAMSKRITA CHAMBU
PRABHASHANAM'
EXHIBIT P4 TRUE COPY OF THE APPEAL; SUBMITTED ON
BEHALF OF THE PETITIONER DATED 29.11. 2024
EXHIBIT P5 TRUE COPY OF THE RELEVANT PAGES OF THE
AMENDMENT G.O.(MS)NO.125/2024/G.EDN DATED
30.09.2024 FOR THE CONDUCT OF THE EVENTS
AND CONSTITUTION OF APPEAL COMMITTEE
EXHIBIT P6 TRUE COPY OF THE RELEVANT GUIDE LINES TO BE
FOLLOWED FOR CONDUCTING THE EVENTS IN
ORDERLY MANNER AND THE PROCEDURE TO BE
AOPTED BY THE APPEAL COMMITTEE AT THE TIME
OF HEARING AND DECIDING THE APPEAL AS
CONTAINED IN CIRCULAR NO.Y(2)/14406/2024/
DGE DATED 07/10/2024 ISSUED BY THE 2ND
RESPONDENT
EXHIBIT P7 TRUE COPY OF THE APPEAL ORDER DATED
05/12/2024 ISSUED BY THE 4TH RESPONDENT AS
CHAIRMAN OF APPEAL COMMITTEE
RESPONDENTS' EXHIBITS:NIL
//TRUE COPY//
PA TO JUDGE
