Allowed

Gowri Lakshmi.R. v. State of Kerala

Kerala HC8 Jan 2024WP(C)/172/2024

Case brief

AI extract

What is this about?

A student denied first prize at the district-level Kerala School Kalolsavam appealed against results; her statutory appeal was rejected without reasons or video evaluation. The High Court set aside the appellate order and confirmed her provisional participation in the State Level Kalolsavam, where she secured second rank with A Grade.

What did the court decide?

Ext.P1 appellate order set aside; petitioner permitted participation in State Level Kalolsavam with all benefits consequent to her performance; organizers to publish results forthwith.

Gowri Lakshmi.R. Vs State of Kerala — Education and Admissions | Kerala HC (2024)

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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 DEVAN RAMACHANDRAN

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MONDAY, THE 8^TH DAY OF JANUARY 2024 / 18TH POUSHA, 1945

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WP(C) NO. 172 OF 2024

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PETITIONER:

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GOWRI LAKSHMI.R., AGED 15 YEARS D/O RAJESH KUMAR A. KAVERI ,ONAKKILIVAYAL ROAD THERU P.O.,NILESHWAR, KASARGOD- 671 314 REPRESENTED BY THE FATHER A. RAJESH KUMAR, S/O A. NARAYANAN, DARIUS VILLA, INDIRA NAGAR, OLD ROAD, KOOTHUPARAMBA P.O., MANGATTIDAM, KANNUR, PIN - 671314

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M.JAYAKRISHNAN VIJAYAN NAIR G. SHAJI MATHEW N.M. REMYA VARMA N.K

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RESPONDENTS:

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1 STATE OF KERALA, REPRESENTED BY SECRETARY, DEPARTMENT OF GENERAL EDUCATION, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001

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2 THE DIRECTOR OF GENERAL EDUCATION OFFICE OF THE DIRECTOR OF GENERAL EDUCATION, VAZHUTHACAUD, POOJAPPURA ROAD, JAGATHY, THIRUVANANTHAPURAM, PIN - 695014

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3 DISTRICT EDUCATION OFFICER KASARGOD DISTRICT, OFFICE OF THE DEO, NEAR RAILWAY STATION, KASARGOD, PIN - 671121

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4 THE CONVENER, KERALA SCHOOL KALOLSAVAM, KASARGOD REVENUE DISTRICT, KARADKA P.O., KASARGOD, PIN - 671542

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5 THE APPEAL COMMITTEE REPRESENTED BY ITS CHAIRMAN, KASARGOD REVENUE DISTRICT SCHOOL KALOLSAVAM, KARADKA P.O., KASARGOD, PIN - 671542 SRI SUNIL K KURIAKOSE-GP

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08.01.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C) NO. 172 OF 2024

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JUDGMENT

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The petitioner has approached this Court seeking permission to participate in the ‘Kerala State School Kalolsavam 2023-24’.

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The specific allegation of the petitioner is that she performed commendably in the District Level of the ‘Kalolsvam’, but was denied First Prize unfairly; thus being robbed of the opportunity to move the next level, namely the ‘State Level Kalolsavam’. She says that a Statutory Appeal was filed against the results of her performance at the District Level; but which has culminated in the impugned order, rejecting it without citing any proper reasons. She asserts that, even though the Statutory Scheme requires that every contention of the candidate be properly assessed, including through a video evaluation of the performance, this has not been done and hence that she has been constrained to approach this Court through this Writ Petition.

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Noticing the afore submissions of the petitioner, this Court had passed the following interim order on 03.01.2024:

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WP(C) NO. 172 OF 2024

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“The learned Government Pleader appears for the respondents.

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Since Ext.P1 does not mention that the video recording of the performance had been seen by the Appellate Committee, I deem it appropriate to grant an interim order in this case.

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I thus order that the petitioner be permitted to participate in the Kerala State School Kalolsavam, 2023-24, provisionally.

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If the petitioner is awarded any of the first three places, same shall be declared only after obtaining orders from this Court.”

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Today, the learned Government Pleader – Sri.Sunil

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Kumar Kuriakose, conceded that the petitioner has been awarded 2^nd Rank, with A Grade, but argued that, nevertheless, this Writ Petition cannot be allowed, because the Appellate order in the District Level has been issued validly. He relied upon the judgment in Devna Sumesh v. State of Kerala [2022 KHC OnLine 8081], to contend that once the Appeal is disposed of, the petitioner would not obtain any further right – either in law or in equity; and that the impugned order would clearly establish that every contention of the petitioner had been properly considered.

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I am afraid that I cannot find the afore submissions of the learned Government Pleader to be worthy, particularly

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WP(C) NO. 172 OF 2024 4

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when it is conceded that the petitioner has obtained 2^nd Rank with A Grade. It is, therefore, luculent that she had performed well and obtained the said rank.

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Further, the impugned Appellate order merely says that all objections of the petitioner had been properly evaluated, but specific reasons are not available, particularly when there is no mention that the video recording had been properly evaluated.

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In the afore circumstances, I allow this Writ Petition and set aside Ext.P1; thus confirming the interim order dated 03.01.2024; clarifying that the petitioner will be granted all benefits consequent to her performance in the ‘State Level Kalolsavam 2023- 24’, as per law. As a necessary corollary to the above, the results of the event shall be published by the organizers forthwith.

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Sd/- DEVAN RAMACHANDRAN JUDGE

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stu

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WP(C) NO. 172 OF 2024

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APPENDIX OF WP(C) 172/2024

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PETITIONER EXHIBITS

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Exhibit P1 A TRUE COPY OF THE ORDER NO. KGD/2342/2023-C3 (44) ISSUED BY THE 5TH RESPONDENT IN APPEAL AGAINST THE KERALA NADANAM RESULT DATED 22.12.2023

Gowri Lakshmi.R. v. State of Kerala

Case brief

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Gowri Lakshmi.R. v. State of Kerala

Case brief

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