Kerala High Court
Ameyavarun vs State Of Kerala on 3 January, 2025
WP(C) NO. 46618 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. 46618 OF 2024
PETITIONER:
AMEYAVARUN
AGED 15 YEARS
STD.IX,ST.JOSEPHS ANGLO INDIAN GIRLS HIGH SCHOOL,
KOZHICODE 673 032 REPRESENTED BY HER FATHER VARUN
BHASKER,AGED 45 YEARS, MACHANGALATHU HOUSE,
KARUVISSERY P.O,KOZHICODE, PIN - 673010
BY ADVS.
MANSOOR.B.H.
SAKEENA BEEGUM
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY ITS SECRETARY,
GENERAL EDUCATION DEPARTMENT, SECERATARIATE,
THIRUVANANTHAPURAM, PIN - 695001
2 THE GENERAL CONVENOR
KERALA STATE SCHOOL KALOTSAVAM 2024-25,
ADDITIONAL DIRECTOR, DIRECTORATE OF PUBLIC
INSTRUCTIONS, OFFICE OF THE DIRECTORATE OF PUBLIC
INSTRUCTIONS, VAZHUTHACAUD-POOJAPPURA ROAD JUNCTION,
JAGATHY, THIRUVANANTHAPURAM, PIN - 695014
3 THE CONVENER
PROGRAMME COMMITTEE, KERALA STATE SCHOOL KALOTSAVAM,
DIRECTORATE OF PUBLIC INSTRUCTIONS,
OFFICE OF THE DIRECTORATE OF PUBLIC INSTRUCTIONS,
VAZHUTHACAUD-POOJAPPURA ROAD JUNCTION, JAGATHY,
THIRUVANANTHAPURAM, PIN - 695014
4 THE JOINT COMMISSIONER
PAREEKSHABHAVAN, THIRUVANANTHAPURAM CHAIRMAN APPEAL
WP(C) NO. 46618 OF 2024
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COMMITTEE, KOZHICODE REVENUE DISTRICT SCHOOL
KALOTSAVAM, PAREEKSHA BHAVAN,
THIRUVANANTHAPURAM, PIN - 695012
SMT. SURYA BINOY - SR.GP
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's team participated in the 'Bandmelam'
item in the Higher Secondary competition in the 35th
Kozhikode Revenue District School Kalotsavam. However, the
petitioner's team could secure only the 2 nd position, without an
A Grade. Two grounds are raised by the learned Counsel for
the petitioner. First of all, the petitioner's team, going by the
marks it obtained, is entitled to A Grade. Secondly, their
performance was seriously affected due to the presence of
gravel in the ground.
2. The learned Counsel for the petitioner pointed out
that the appeal was dismissed vide Ext.P3, on a wrong
premise that the petitioner is not entitled to any grade.
Inviting the attention of this Court to Ext.P2 at page No.12, it
was pointed out that, any team which obtains a mark more
than 239 and above, is entitled to A Grade. It was pointed out,
by relying up on Ext.P2, at page No.11, that the petitioner's
team obtained 264 marks. Therefore, they are entitled to A
Grade. Thus, the learned Counsel would submit that
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interference of this Court is required.
3. The above submissions were seriously opposed by
the learned Government Pleader.
4. This Court finds merit in the submission made by
the learned Counsel for the petitioner as regards the
petitioner's claim for A Grade. As is clear from Ext.P2 at page
No.11, the petitioner's team had obtained 264 marks, which is
obviously more than the cut off marks of 239. Therefore, the
team is entitled to be an A Grade.
5. However, the same, by itself, will not enable the
petitioner to the substantive reliefs sought for in the writ
petition, that is to say, for participation in the State
Kalotsavam. It is indisputed that the petitioner's team had
obtained five marks less than the team which obtained the
first position. The reason stated for the poor performance is
the alleged existence of gravel in the ground. This cannot be
recognized for the poor performance of the petitioner's team,
for the reason that the said infirmity, if real, is common to all
the teams which participated, wherefore, the petitioner's
team cannot pick up any peculiar disadvantage because of
the same.
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In the circumstances, the dominant relief sought for in
the writ petition cannot be allowed. Therefore, this writ
petition is dismissed.
Sd/-
C. JAYACHANDRAN
JUDGE
LU
WP(C) NO. 46618 OF 2024
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APPENDIX OF WP(C) 46618/2024
PETITIONER EXHIBITS :
EXHIBIT P1 TRUE COPY OF THE ACKNOWLEDGEMENT OF FEE
RECEIPT DATED 23/11/2024 ISSUED BY THE 4TH
RESPONDENT
EXHIBIT P2 TRUE COPY OF THE RESULT AND SCORE SHEET OF
THE EVENT BANDMELAM, HS GENERAL OF DISTRICT
SCHOOL, KALOTSAVAM
EXHIBIT P3 TRUE COPY OF THE ORDER REJECTING APPEAL
ISSUED BY THE 4TH RESPONDENT BEARING
C2/9152/2024(56) DATED 7/12/2024
// True Copy // PA To Judge
