Disposed

Shivani S Nair v. the Deputy Director of Education

Kerala HC10 Jan 2024WP(C)/184/2024

Case brief

AI extract

What is this about?

A student denied first rank in the District School Kalolsavam, whose statutory appeal was rejected, sought to compete in the State Kalolsavam. The Court had provisionally allowed her participation; since she did not secure top ranks, it disposed of the writ petition confirming the interim order so she receives any grace-mark or collateral benefits due under law.

What the court decided

AI extract

Shivani S Nair Vs the Deputy Director of Education — 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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WEDNESDAY, THE 10TH DAY OF JANUARY 2024 / 20TH POUSHA, 1945
WP(C) NO. 184 OF 2024

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PETITIONER:

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SHIVANI S NAIR
AGED 16 YEARS
D/O.VIMALKUMAR, 12TH STANDARD STUDENT, GHSS
PALA,KAKKAYANGAD, KANNUR- 670673 REPRESENTED BY HER
FATHER (GUARDIAN), VIMALKUMAR C., S/O.GOVINDAN NAIR,
AGED 50, RESIDING AT VIJESH VILLA, VILAKKODE (PO)
IRITTY, KANNUR, PIN - 670703
BY ADVS.
M.S.KIRAN
LISHA WILLIAM
ROHITH R. KARTHA
REMESH KARTHA E.K.

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RESPONDENTS:

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1 THE DEPUTY DIRECTOR OF EDUCATION OFFICE OF THE DEPUTY DIRECTOR OF EDUCATION, KANNUR (CHAIRMAN APPEAL COMMITTEE), PUZHATHI HOUSING COLONY, KANNUR, PIN - 670002

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2 THE DISTRICT EDUCATIONAL OFFICER THAVAKKARA, KANNUR, PIN - 670002

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3 PROGRAMME COMMITTEE CONVENOR (TEAM MANAGER) KANNUR REVENUE DISTRICT SCHOOL KALOLTSAVAM, KANNUR, PIN - 670002

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4 NIDHIYA SUDHEESH 12TH STANDARD STUDENT, RAJEEV GANDHI MEMORIAL HSS, MOKERI, KANNUR (THE NAME OF GUARDIAN AND ADDRESS IS NOT KNOWN), PIN - 670692

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5 MITHRA B HAREESH 11 STANDARD STUDENT, GHSS, SREEKANDAPURAM, KANNUR (THE NAME OF GUARDIAN AND ADDRESS IS NOT KNOWN), PIN - 670631

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6 THE PRINCIPAL GHSS PALA, KAKKAYANGAD, KANNUR, PIN - 670673

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7 THE PRINCIPAL KRIST RAJ HSS, KAPPALANDIMUKKU-KADAPPAKKADA ROAD, KOLLAM, PIN - 691001

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SRI. SUNIL K.KURIAKOSE, GP

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON

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10.01.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C) NO. 184 OF 2024 2

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JUDGMENT

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The petitioner says that she participated in an event in the ‘District School Kalolsavam’, but was not awarded the First Rank; thus denying her the opportunity of moving to the next level, namely the ‘State Kalolsavam’, which has now been completed.

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The petitioner asserts that the results of the ‘District Level Kalolsavam’ were egregiously improper and therefore, that she preferred an Appeal before the Statutory Appellate Committee, as is provided under the Manual relating to the ‘Revenue District Kalolsavam’; but that the said Committee has rejected it, through the impugned order, without citing tenable reasons, but on hyper technical grounds.

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The petitioner, therefore, prays that the impugned order be set aside and that she be allowed to participate in the ‘Kerala State School Kalolsavam’.

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Hearing the learned counsel for the petitioner in this case, at the time when this matter was considered for admission and adverting to the allegations and assertions made and contentions impelled, this Court passed an interim order, allowing the petitioner to participate in the ‘State Kalolsavam’, however, clarifying that it will only be provisional. It was also made clear in the said order that, if the

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WP(C) NO. 184 OF 2024 3

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petitioner is to obtain Rank Nos.1, 2 or 3, same shall be declared only after obtaining orders from this Court.

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The ‘State School Kalolsavam’ was completed on 08.01.2024 and this Court is now told that the petitioner has not obtained any of the first three ranks; and that all results have been declared, with the Kannur District being adjudged the Cup Winner.

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Obviously, therefore, all which now remains is to consider whether the petitioner is entitled to the benefit of any grace marks that she may obtain through her performance, pursuant to the interim order of this Court.

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Though, as I have already said above, the interim order clearly provided that the performance of the petitioner would be provisional, I am of the view that since she has performed, any resultant benefit that can inure to her, ought not to be denied. This is because, the best that the petitioner would obtain is only grace marks, depending upon whether she has obtained ‘A Grade’ or otherwise; and I do not think that it will be justified for this Court to deny that to the contestants, solely for the reason that her Appeal had been dismissed at the ‘Revenue District School Kalolsavam’ level. The interim order by this Court was issued after due thought and finding a prima facie case in favour of the petitioner; but since she has not been able to obtain

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WP(C) NO. 184 OF 2024 4

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the first of the three ranks, I am of the firm view that it would not be necessary for this Court to enter into the merits of any other rival contentions.

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Obviously, therefore, all which this Court has to now do is to confirm the interim order, so that the petitioner would obtain all collateral benefits entitled, based on her performance in the ‘State Level Kalolsavam’.

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In the afore circumstances, this Writ Petition is disposed of, confirming the interim order granted by this Court earlier and directing the Authorities to grant all benefits that may be entitled to the petitioner, if any, based on her performance, as per law.

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Sd/-

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DEVAN RAMACHANDRAN

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JUDGE

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MC/16.1

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WP(C) NO. 184 OF 2024 5

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APPENDIX OF WP(C) 184/2024

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PETITIONER EXHIBITS
Exhibit P1THE TRUE COPY OF THE APPEAL PREFERRED BY
THE TEAM MANAGER OF THE 6TH RESPONDENT
SCHOOL DATED 09.12.2023
Exhibit P2THE TRUE COPY OF THE ORDER DATED
19.12.2023 ISSUED BY THE 1ST RESPONDENT
Exhibit P3THE TRUE COPY OF THE CERTIFICATE OF
PARTICIPATION IN THE CBSE STATE KALOLTSAV
2017
Exhibit P4THE TRUE COPY OF THE CBSE SAHODAYA
CULTURAL FESTIVAL CERTIFICATE FOR 2016-
2017

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Exhibit P5THE TRUE COPY OF THE CBSE SAHODAYA
CULTURAL FESTIVAL CERTIFICATE FOR 2017-
2018

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Exhibit P6THE TRUE COPY OF THE CBSE SAHODAYA
CULTURAL FESTIVAL CERTIFICATE FOR 2019-
2020

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Exhibit P7THE TRUE COPY OF THE EXTRACT OF NEWSPAPER
REPORTING REGARDING CBSE STATE KALOLTSAV,
2019 SHOWING THE DETAILS OF PRESENTATION
OF MONACT BY THE PETITIONER

Shivani S Nair v. the Deputy Director of Education

Case brief

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Shivani S Nair v. the Deputy Director of Education

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