Dismissed

Devika Suresh v. General Convener, Kerala State School Kalolsavam

Kerala HC5 Jan 2018WP(C)/67/2018

Case brief

AI extract

What is this about?

The petition, filed by a 9th standard student, challenged the dismissal of her appeal to participate in the State School Kalolsavam after her team secured only second place in the District Kalolsavam. The High Court examined the reasons assigned in the dismissal order and found no arbitrariness or illegality, dismissing the writ petition as there was no established case warranting interference.

What did the court decide?

Writ petition dismissed; no consequential reliefs granted.

Devika Suresh Vs General Convener, Kerala State… — 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. 67 of 2018

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PETITIONER(S)

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DEVIKA SURESH,

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AGED 14 YEARS (MINOR), REPRESENTED BY HER GUARDIAN AND FATHER M.K. SURESH, MENAMCHERY HOUSE, KAYIPPURAM, MUHAMMA P.O., CHERTHALA, ALAPPUZHA DISTRICT.

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BY ADVS. SRI.R.MURALEEKRISHNAN

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SRI.V.S.NOWSHAD

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RESPONDENT(S):

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1. GENERAL CONVENER, KERALA STATE SCHOOL KALOLSAVAM 2018, THRISSUR - 686 001.

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2. DIRECTOR OF PUBLIC INSTRUCTION, THIRUVANANTHAPURAM - 695 001.

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3. THE DEPUTY DIRECTOR OF EDUCATION, ALAPPUZHA - 688 001.

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4. CHAIRMAN, APPEAL COMMITTEE, REVENUE DISTRICT SCHOOL KALOLSAVAM, ALAPPUZHA - 688 001.

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BY SR.GOVERNMENT PLEADER SRI.SURIN GEORGE IPE

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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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Msd.

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WP(C).No. 67 of 2018

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APPENDIX

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PETITIONER(S)' EXHIBITS

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EXHIBIT P1 A TRUE COPY OF THE APPEAL.

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EXHIBIT P2 A TRUE COPY OF THE ORDER 11.12.2017.

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EXHIBIT P3 TRUE COPY OF THE CHAPTER 13 OF THE KERALA SCHOOL KALOLSAVA MANUAL.

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RESPONDENT(S)' EXHIBITS :

NIL

//TRUE COPY//

P.S.TO JUDGE

Msd.

SHAJI P. CHALY, J.

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W.P.(C) No.67 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 is a 9^th standard student in Govt. Girls HSS,

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Cherthala, which participated in the item “Oppana (HS - Girls) in the Revenue District School Kalolsavam 2017-2018. However, the petitioner and her team could secure only 2^nd place with A grade, which disables the the petitioner and her team to participate in the State School Kalolsavam and being aggrieved, an appeal is preferred before the Appellate Committee, which was dismissed as per Ext.P2 order dated 11.12.2017. 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 documents on record.

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Copy of the appeal memorandum is produced as Ext.P1, in which the grievance highlighted by the petitioner is that, petitioner performed well. In Ext.P2 order passed by

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W.P.(C) No. 67 of 2018

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the Appellate Committee, which is signed by the Chairman, it is evident that, performance of the petitioner and her team was verified after calling for a report and also petitioner could not perform well than the 1^st place winner. Even though in a short and crisp form reasons are assigned in Ext.P2, from which I find that, there are no arbitrariness, illegality or other legal infirmities on the part of the Appellate Committee in deciding the appeal.

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Learned counsel for petitioner raised a contention that, the appeal was decided by the Chairman. On instructions, learned Government Pleader submitted that, the appeal was considered by the Appellate Committee even though from the order only signature of the Chairman of the Appellate Committee is evident.

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Taking into account the facts and circumstances, I am of the considered opinion that, there is no established case before this court warranting interference under Article

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W.P.(C) No. 67 of 2018

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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

Devika Suresh v. General Convener, Kerala State School Kalolsavam

Case brief

What is this about?

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Devika Suresh v. General Convener, Kerala State School Kalolsavam

Case brief

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