Petitioner, ranked second in a district school kalolsavam event, challenged the appellate authority's rejection of her appeal as unreasoned. The court found Ext.P2 recorded reasons, held that reassessing the committee's evaluation of the performance was beyond writ jurisdiction, and dismissed the petition.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN THURSDAY, THE 4TH DAY OF JANUARY 2024 / 14TH POUSHA, 1945 W.P.(C) NO.112 OF 2024
PETITIONER:
MEGHANA V.K., AGED 15 YEARS, D/O MANIKANDAN, VARIKKOTTIL HOUSE, CHERIYAMUNDAM, CHERIYAMUNDAM P.O, TIRUR, MALAPPURAM DISTRICT REPRESENTED BY GUARDIAN, MOTHER SANDEEPA KODIYERI, AGED 37 YEARS, W/O MANIKANDAN, VARIKKOTTIL HOUSE, CHERIYAMUNDAM, CHERIYAMUNDAM P.O, TIRUR, MALAPPURAM DISTRICT, PIN-676 101.
BY ADV. P.T. SHEEJISH
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY SECRETARY, GENERAL EDUCATION DEPARTMENT, GOVERNMENT OF KERALA, SECRETARIAT, THIRUVANANTHAPURAM, PIN-695 001.
2 THE GENERAL CONVENER (DEPUTY DIRECTOR OF EDUCATION) MALAPPURAM REVENUE DISTRICT SCHOOL YOUTH FESTIVAL 2023, OFFICE OF THE DEPUTY DIRECTOR OF EDUCATION, MALAPPURAM, MALAPPURAM DISTRICT, PIN-676 519.
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W.P.(C) NO.112 OF 2024
5 APPEAL COMMITTEE REPRESENTED BY ITS CHAIRMAN, MALAPPURAM DISTRICT KALOLSAVAM 2023, REVENUE DISTRICT, MALAPPURAM, PIN-676 519.
SRI. SUNIL KUMAR KURIAKOSE, GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04.01.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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W.P.(C) NO.112 OF 2024
JUDGMENT
Dated this the 4th day of January, 2024
The petitioner says that she and her team participated in the Revenue District Kerala School Kalolsavam 2023-24 in a particular event, but was adjudged only rank No.2. She affirms that, as per the Manual applicable to the event in question, only the first rank holder would obtain the opportunity of moving to the next level of competition, namely the Kerala State School Kalolsavam 2023-24; and therefore, that she preferred a statutory appeal against the result before the competent Appellate Authority, which, however, has culminated in Ext.P2 order. The petitioner asserts that Ext.P2 is illegal and unlawful because, it cites no reason for the rejection of her appeal.
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appeal of the petitioner was found to be undeserving; and that this is manifest from its contents. He added that, in any event, it has now been well established, through the judgment of this Court in Devna Sumesh v. State of Kerala [2022 KHC OnLine 8081], that once the statutory appeal is rejected, the competence of this Court to act under Article 226 of the Constitution of India is severely attenuated, since it would involve assessment of factual and other relevant criteria, which cannot be done while acting under writ jurisdiction.
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video recording; and it is in their expertise and wisdom to assess it in the manner as is legally appropriate. When the Committee takes the view that the objections raised by the petitioner are not tenable, it would not be possible to substitute their wisdom, with that of this Court.
In the afore circumstances, this writ petition is dismissed.
Sd/-
DEVAN RAMACHANDRAN JUDGE
bpr
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APPENDIX OF WP(C) 112/2024
PETITIONER'S EXHIBITS
Exhibit P1 TRUE COPY OF THE CERTIFICATE OF MERIT WITH A GRADE AWARDED TO THE PETITIONER IN THE 34TH MALAPPURAM REVENUE DISTRICT SCHOOL KALOLSAVAM Exhibit P2 THE TRUE COPY OF THE ORDER PASSED BY THE APPELLATE AUTHORITY DATED 16.12.2023
1 issue framed by the court
Whether the writ court can interfere with the appellate authority's rejection of an appeal against a school kalolsavam result under Article 226.
Colour shows how this judgement treated each authority
Devna Sumesh v. State of KeralaRelied on¶2
[2022 KHC OnLine 8081]
1 provisions across 1 enactments
Meghana V.K.
State of Kerala
The General Convener (Deputy Director of Education) Malappuram Revenue District School Youth Festival 2023
The General Convener (Additional Director of Public Instructions), 62nd Kerala State School Youth Festival Programme Committee Office
The Deputy Director of Education, Malappuram
Appeal Committee represented by its Chairman, Malappuram District Kalolsavam 2023
Devan Ramachandran
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
