Dismissed

Meghna Attoor, (Minor) v. Director of General Education

Kerala HC5 Jan 2023WP(C)/135/2023

Case brief

AI extract

What is this about?

Writ petitioner, a minor, challenged the rejection of her appeal against the scoring in a school music competition. The court dismissed the petition, noting that a similar appeal by another team was allowed on different grounds (technical failure), and the petitioner's appeal was rejected after verifying marks via video recording.

What did the court decide?

Writ petition dismissed as there was no reason to arrive at a different conclusion than the appeal committee's order.

Meghna Attoor, (Minor) Vs Director of General Education — Service and Employment | Kerala HC (2023)

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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 V.G.ARUN

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THURSDAY, THE 5^TH DAY OF JANUARY 2023 / 15TH POUSHA, 1944

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W.P.(C) NO.135 OF 2023

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PETITIONER:

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MEGHNA ATTOOR, AGED 15 YEARS(MINOR), D/O. SAJITHA L.B., REPRESENTED BY HER MOTHER, SAJITHA L.B., AGED 37 YEARS, D/O LALITHA V., T.C 42/1643, PALLAVI, VIDYADHIRAJA NAGAR, CHADIYARA LANE, POOJAPPURA (P.O.), THIRUVANANTHAPURAM,, PIN-695 006.

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BY ADV K.RAJESH KANNAN

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RESPONDENTS:

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1 DIRECTOR OF GENERAL EDUCATION, O/O. THE DIRECTOR OF GENERAL EDUCATION, JAGATHY, THIRUVANANTHAPURAM-695 014.

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2 KALOLSAVAM COMMITTEE CONVENER, ADDITIONAL DIRECTOR OF GENERAL EDUCATION, O/O THE ADDITIONAL DIRECTOR OF GENERAL EDUCATION, JAGATHY, THIRUVANANTHAPURAM-695 014.

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3 DISTRICT EDUCATION OFFICER, O/O. THE DISTRICT EDUCATION OFFICER, STATUE, PALAYAM, THIRUVANANTHAPURAM-695 001.

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4 CHAIRMAN,

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APPEAL COMMITTEE, DEPUTY DIRECTOR OF EDUCATION, O/O. THE DEPUTY DIRECTOR OF EDUCATION, THIRUVANANTHAPURAM-695 036.

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SRI. RAJEEV JYOTHISH GEORGE, GOVERNMENT PLEADER

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05.01.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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W.P.(C) NO.135 OF 2023

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JUDGMENT

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Dated this the 5^th day of January, 2023

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The petitioner and her team participated for the item 'Vanchipattu' in the Thiruvananthapuram District School Kalolsavam (HS Category) and secured second place with A Grade. Dissatisfied with the result, the petitioner preferred an appeal mainly contending that her team's performance was better than all other teams and had the marks been awarded properly, the team would have secured first place. The appeal having been rejected by Ext.P1, this writ petition is filed.

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When the matter was taken up for consideration, learned Counsel for the petitioner submitted that, apart from the grounds urged before the appeal committee, it has now come to light that the appeal filed by the third placed team, on similar grounds, was allowed.

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In view of that submission, learned Government Pleader was directed to get instructions as to whether the appeal of the third placed team was allowed and if so, the reason for allowing the appeal. It is informed that, along with

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W.P.(C) NO.135 OF 2023

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the petitioner another team was also got second position. That team had preferred an appeal, contending that their performance was impeded by the mike falling from its holder during the performance. On viewing the video recording of that teams' performance, the committee found the submission to be correct and therefore, allowed the appeal.

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From the above explanation, it is evident that the other team's appeal was allowed on an entirely different ground. Hence, that cannot constitute a reason for allowing the petitioner's appeal. Further, a reading of Ext.P1 shows that the petitioner's appeal was rejected after viewing the video recording of the teams performance and finding the marks awarded by the judges to be correct.

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There being no reason to arrive at a different conclusion, the writ petition is dismissed.

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Sd/- V.G. ARUN JUDGE

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bpr

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W.P.(C) NO.135 OF 2023

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APPENDIX OF WP(C) 135/2023

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PETITIONER'S EXHIBITS

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Exhibit P1

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TRUE COPY OF THE ORDER NO.C4/750581/2022 DATED 06.12.2022 OF THE 4TH RESPONDENT.

Meghna Attoor, (Minor) v. Director of General Education

Case brief

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Meghna Attoor, (Minor) v. Director of General Education

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