Allowed

Master Abhishek V.R v. the State of Kerala

Kerala HC16 Aug 2017WP(C)/6149/2017

Case brief

AI extract

What is this about?

Petitioner's team secured 'A' grade in State School Kalolsavam but was denied grace marks because their participation stemmed from a court order challenging a lower award. The court held that denying incentives based on the mode of participation constitutes hostile discrimination. Allowing the petition, the court declared the students entitled to grace marks.

What did the court decide?

The writ petition allowed; it is declared that the petitioner and team members are entitled to grace marks for securing 'A' grade, same as other teams.

Master Abhishek V.R Vs the State of Kerala — Education and Admissions | Kerala HC (2017)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT:

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THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR

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WEDNESDAY, THE 16TH DAY OF AUGUST 2017/25TH SRAVANA, 1939

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WP(C).No. 6149 of 2017 (P)

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PETITIONER :

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MASTER ABHISHEK V.R, AGED 17 YEARS, MINOR, REPRESENTED BY HIS FATHER, V.B.RAJESH, AGED 48 YEARS, S/O.V.S. BALAN, R/O. VELAPPAYA (H, KOLANGATTU KAIRA, CHOOLISSERY, THRISSUR 680541

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BY ADVS.SRI.P.SREEKUMAR

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SRI.PAUL JACOB SRI.S.GANESH SRI.PEARL K.DAVIS SRI.I.K.RAJU SRI.P.S.SIDHAN

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RESPONDENTS :

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1. THE STATE OF KERALA

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REPRESENTED BY THE SECRETARY, GENERAL EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM 695001

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2. THE DIRECTOR OF POLICE INSTRUCTION

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OFFICE OF THE DPI, JAGATHY, THIRUVANANTHAPURAM 695001

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3. THE CHAIRMAN STATE LEVEL APPELLATE COMMITTEE, KERALA SCHOOL KALOLSAVAM, (THE DIRECTOR OF PUBLIC INSTRUCTION, THIRUVANANATHAPURAM 695001

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BY GOVERNMENT PLEADER SMT.K.R.DEEPA

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 16-08-2017, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No. 6149 of 2017 (P)

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APPENDIX

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PETITIONER(S)' EXHIBITS

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EXHIBIT P1: TRUE PHOTOCOPY OF THE POSITION LIST PUBLISHED IN THE KERALA SCHOOL KALOLSAVAM WEBSITE EXHIBIT P2: TRUE COPY OF THE NEWS PAPER CUTTING FROM MATHRUBHUMI DAILY DATED 23.01.2017 EXHIBIT P3: TRUE COPY OF THE APPELLATE ORDER DATED 21.01.2017 EXHIBIT P4: TRUE COPY OF THE RELEVANT PORTION OF KERALA SCHOOL KALOLSAVA MANUAL RESPONDENT(S)' EXHIBITS : NIL. //TRUE COPY// P.A. TO JUDGE

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P.B.SURESH KUMAR, J.

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W.P.(C).No.6149 of 2017-P.

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Dated this the 16^th day of August, 2017.

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J U D G M E N T

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This matter relates to the award of grace marks to the students securing 'A' grades for the various events conducted at the Kerala School Kalolsavam.

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The petitioner was the leader of the team representing Don Bosco Higher Secondary School, Mannuthy, for the event 'Parichamuttu (Boys)' in the State School Kalolsavam held on 22.01.2017. The team of the petitioner obtained 'A' grade. Though the members of the team which secures 'A' grade in the State School Kalolsavam are entitled to grace marks, the members of the team of the petitioner were denied grace marks for the reason that they have participated in the State School Kalolsavam on the strength of the order passed in the appeal preferred by them against the decision of the Judges for the event in which they participated in the District Kalolsavam. According to

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the petitioner, in State of Kerala v. Nanda Mohan (2017 (3) KHC 662), this Court had extended the benefits of grace marks to

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WP.(C).No.6149/2017-P.

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similarly placed students.

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Heard the learned counsel for the petitioner as also the learned Government Pleader.

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It is seen that in State of Kerala v. Nanda Mohan (supra), in the context of the State Sastrotsavam, the Division Bench of this Court held as follows:

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“6. We re-iterate the above decision. We only add two things to it. Firstly, it must be noted that ultimate competition is the State level competition. District-wise merit lists are not made. Having been permitted to take part in the State level competition, there cannot be any further discrimination on the ground of State level considerations. Any child would feel severely hurt if less meritorious children are given grace marks and certificates and meritorious students on such technical pleas are denied the incentives. This is hostile discrimination. The second is merely because a person approaches a Court, he cannot be put on disadvantage. That would be obstructing access to Court and destructive of rule of law, if not contempt.

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No person, may he/she be a grown up or a child, can be discriminated on the ground of Court order for having approached the Court. Once he/she participated in a State level competition and secured a position, he/she has to be given the benefits of that position. Thus, we find no merit in this appeal. It is accordingly dismissed.”

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The petitioner referred to in the decision of the Division Bench is a person who participated in the State Sastrotsavam on the strength of a court order, whereas the team of the petitioner

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WP.(C).No.6149/2017-P.

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participated in the State School Kalolsavam on the basis of the appellate order. The petitioner in the case decided by the Division Bench and the petitioner in the instant case, according to me, are similarly placed. In the circumstances, the writ petition is allowed and it is declared that the petitioner and the members of his team are entitled to the grace marks as extended to the members of other teams who have secured 'A' grades in other events.

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Sd/- P.B.SURESH KUMAR, JUDGE.

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Kvs/-

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// true copy //

Master Abhishek V.R v. the State of Kerala

Case brief

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Master Abhishek V.R v. the State of Kerala

Case brief

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