High Court of Kerala dismissed a writ petition filed by a Bharathanatyam participant challenging the rejection of her appeal. The court upheld the appeal committee's view based on video recording disregard of alleged injury evidence.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE V.G.ARUN
THURSDAY, THE 5TH DAY OF JANUARY 2023 / 15TH POUSHA, 1944
W.P.(C) NO.102 OF 2023
PETITIONER:
VAIGA M. REPRESENTED BY HER MOTHER AND NEXT FRIEND BIJI MANOJ AGED 14 YEARS, PODIPALLAM HOUSE, PANAYAL P.O., KANHANGAD, KASARAGOD-671 318.
BY ADVS. TITUS MANI P.A.JACOB BINNY THOMAS SWAROOP A.P.
RESPONDENTS:
1 THE STATE OF KERALA REPRESENTED BY SECRETARY TO GOVT., DEPARTMENT OF GENERAL EDUCATION, THIRUVANANTHAPURAM-695 001.
2 THE APPEAL COMMITTEE REPRESENTED BY ITS CHAIRMAN, DEPUTY DIRECTOR OF EDUCATION, KASARAGOD-671 123 REVENUE DISTRICT SCHOOL KALOLSAVAM 2022-2023.
3 THE GENERAL CONVENER, KERALA SCHOOL KALOLSAVAM CATEGORY III, KASARAGOD REVENUE DISTRICT, KASARAGOD-671 123.
SRI. P.S. APPU, GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05.01.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C) NO.102 OF 2023
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JUDGMENT
Dated this the 5th day of January, 2023
The petitioner participated for the item 'Bharathanatyam' in the Kasaragod Revenue District School Kalolsavam and secured second position with A Grade. Dissatisfied with the result, the petitioner preferred an appeal contending that she had stepped on a pin on the stage and the injury had affected her performance. The appeal having been rejected as per Ext.P3, this writ petition is filed.
that Bharathanatyam event was completed by 2.30 p.m. and Ext.P1 medical certificate is seen issued only at 10.15 p.m.
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W.P.(C) NO.102 OF 2023
In the result, the writ petition is dismissed.
Sd/-
V.G. ARUN JUDGE
bpr
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W.P.(C) NO.102 OF 2023
APPENDIX OF WP(C) 102/2023
PETITIONER'S EXHIBITS
EXHIBIT P-1 A TRUE COPY OF THE MEDICAL PRESCRIPTION ISSUED BY CITY NURSING HOME KANHANGAD.
EXHIBIT P-2 A COPY OF THE PHOTOGRAPH OF THE INJURY.
EXHIBIT P-3 THE TRUE COPY OF THE ORDER DATED 09-12-2022.
2 issues framed by the court
Whether the school appeal committee's subjective satisfaction regarding the petitioner's performance, based on video review, was subject to judicial interference given her alleged injury.
Whether the delay in the issuance of the medical certificate by the petitioner's counsel can invalidate the appeal committee's view.
Vaiga M.
The State of Kerala
V.G.ARUN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
