Dismissed

Kavya Vijay (Minor) v. State of Kerala

Kerala HC5 Jan 2018WP(C)/38/2018

Case brief

AI extract

What is this about?

This judgment dismisses a writ petition filed by a minor student aggrieved by her dismissal from the State School Kalolsavam due to securing only third place. The High Court upheld the Appellate Committee's decision after perusing records and confirming no arbitrariness.

What did the court decide?

The Appellate Committee's order dated 10.12.2017 is upheld and the writ petition is dismissed.

Kavya Vijay (Minor) Vs State of Kerala — Education and Admissions | Kerala HC (2018)

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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 SHAJI P.CHALY

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FRIDAY, THE 5TH DAY OF JANUARY 2018 / 15TH POUSHA, 1939

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WP(C).No. 38 of 2018

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PETITIONER:

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KAVYA VIJAY (MINOR), D/O.VIJAYAKUMAR, JUSRENG HOUSE, POLLEATHI P.O., ALAPPUZHA, REPRESENTED BY HER FATHER VIJAYAKUMAR, JUSRENG HOUSE, POLLEATHI P.O., ALAPPUZHA DISTRICT.

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BY ADVS.SMT.SAIRA PHIROZ SRI.M.L.SURESH KUMAR

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RESPONDENTS:

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1. THE STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, EDUCATIONAL DEPARTMENT, THIRUVANANTHAPURAM - PIN 695 001.

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2. THE GENERAL CONVENER, KERALA STATE SCHOOL KALA MELA 2018, THIRUVANANTHAPURAM - 695 001.

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3. THE DISTRICT EDUCATION OFFICER, ALAPPUZHA, ALAPPUZHA DISTRICT - 688 001.

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BY GOVERNMENT PLEADER SMT. VINITHA B.

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05-01-2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No. 38 of 2018 (D)

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APPENDIX

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PETITIONER(S)' EXHIBITS

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EXHIBIT P1 A TRUE COPY OF THE CERTIFICATE DATED 3.1.2017 ISSUED BY THE CONVENER PROGRAMME COMMITTEE, ALAPPUZHA REVENUE DISTRICT TO THE PETITIONER. EXHIBIT P2 A TRUE COPY OF THE ORDER OF THE DATED 10.12.2017 ISSUED BY THE 3RD RESPONDENT.

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RESPONDENT(S)' EXHIBITS

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NIL

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TRUE COPY P.S. TO JUDGE

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SHAJI P. CHALY, J.

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W.P.(C) No.38 of 2018

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----------------------------------------------Dated this the 5^th day of January, 2018

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J U D G M E N T

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Petitioner, a 10^th standard student in St.Joseph's GHS

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School, Alappuzh participated in the item 'Bharathanatyam' in Alappuzha Revenue District Kalolsavam 2017 - 2018. Petitioner could secure only 3^rd place with A grade, which disables the petitioner to participate in the State School Kalolsavam since as per the Rules provided, only the first prize winner is entitled to participate in the State School Kalolsavam. Being aggrieved, an appeal is preferred before the Appellate Committee, which was dismissed as per Ext.P2 order dated 10.12.2017. It is thus aggrieved by Ext.P2 and seeking other consequential reliefs, this writ petition is filed.

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Heard learned counsel for the petitioner, learned Government Pleader and perused the pleadings and the documents on record.

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Copy of the appeal memorandum is not produced along with the writ petition. However, from Ext.P2 it is

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W.P.(C) No. 38 of 2018

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evident that, the grievance highlighted by the petitioner is that, since the stage was constructed with wooden plank petitioner could not perform well. The Appellate Committee considered the issue and stated that, petitioner's steps and mudras were not perfect and therefore, there is no reason in making such an allegation in the appeal memorandum.

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When the matter came up for admission, I have directed the Government Pleader to take instructions in the matter and accordingly a written instruction is produced, from where I am satisfied that, Appellate Committee has seen the video footage of all the performances and found that, the marks provided by the Judges are in accordance with law and therefore, no interference is warranted to the decision of the Judges Committee. It is also evident, there is substantial difference of marks with the first prize winner.

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Taking into account the fact circumstances pointed out, I do not find any reason to interfere with the Ext.P2

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W.P.(C) No. 38 of 2018

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order passed by the Appellate Committee, there being no arbitrariness or illegality warranting interference under Article 226 of the Constitution of India.

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Resultantly writ petition fails, accordingly it is dismissed.

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Sd/- SHAJI P. CHALY JUDGE

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smv 5.1.2018

Kavya Vijay (Minor) v. State of Kerala

Case brief

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Kavya Vijay (Minor) v. State of Kerala

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