Allowed

Amrutha Varshini.K.C. v. State of Kerala

Kerala HC8 Jan 2024WP(C)/325/2024

Case brief

AI extract

What is this about?

A minor student who won second rank/A grade at the district-level Kerala School Kalolsavam challenged the appellate order rejecting her appeal against denial of first prize, as unreasoned and lacking video-evaluation. The court set aside Ext.P4 appellate order, confirmed the interim order permitting her team's participation in the State-level event, and directed publication of results with consequ

What did the court decide?

Ext.P4 appellate order set aside; petitioner and team permitted participation in State Level Kalolsavam 2023-24 with all consequential benefits; results to be published forthwith.

Amrutha Varshini.K.C. 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
MONDAY, THE 8TH DAY OF JANUARY 2024 / 18TH POUSHA, 1945
WP(C) NO. 325 OF 2024

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PETITIONER:

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AMRUTHA VARSHINI.K.C., AGED 14 YEARS
(MINOR), D/O.KRISHNA CHANDRAN 'KRISHNA KALA',
PEETOLY PARAMBA, PUTHIYANGADI (PO), PAVANAGAD,
ELATHUR VILLAGE AND DESOM, KOZHIKODE DISTRICT,
PIN- 673021, REPRESENTED BY HER NEXT FRIEND AND
GUARDIAN/FATHER, KRISHNA CHANDRAN.C., AGED 43
YEARS, S/O CHANDRAN PANICKER, 'KRISHNA KALA',
PEETOLY PARAMBA, PUTHIYANGADI (PO), PAVANAGAD,
ELATHUR VILLAGE AND DESOM, KOZHIKODE DISTRICT,
PIN – 673021

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BY ADVS.
AHAMMAD SACHIN K.
JERRY PETER

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RESPONDENTS:

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1 STATE OF KERALA, REPRESENTED BY THE PRINCIPAL SECRETARY GENERAL EDUCATION DEPARTMENT, ROOM NO. 206, SECOND FLOOR, SOUTH SANDWICH BLOCK, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM GENERAL.P.O., THIRUVANANTHAPURAM DISTRICT, PIN – 695001

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2 THE ADDITIONAL DIRECTOR OF GENERAL EDUCATION/GENERAL CONVENER, KERALA STATE SCHOOL KALOLSAVAM 2023-2024, ROOM NO. 206, SECOND FLOOR, SOUTH SANDWICH BLOCK, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM GENERAL.P.O., THIRUVANANTHAPURAM DISTRICT, PIN – 695001

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3 THE DEPUTY DIRECTOR OF EDUCATION/THE JOINT GENERAL CONVENER, KERALA SCHOOL KALOLSAVAM 2023-2024, OFFICE OF THE DEPUTY DIRECTOR OF EDUCATION, KOZHIKODE REVENUE DISTRICT, MANANCHIRA.P.O. KOZHIKODE DISTRICT, PIN – 673014

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4 THE CHAIRMAN/ DEPUTY DIRECTOR OF EDUCATION APPEAL COMMITTEE OF REVENUE DISTRICT SCHOOL KALOLSAVAM, HIGH SECONDARY SCHOOL WING, MANANCHIRA.P.O., KOZHIKODE DISTRICT, PIN - 673014

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WPC 325/24

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SMT VIDYA 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:

WPC 325/24

JUDGMENT

The petitioner has approached this Court seeking permission to

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participate in the ‘Kerala State School Kalolsavam 2023-24’.

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2 . The specific allegation of the petitioner is that she and

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her team performed commendably in the District Level of the ‘Kalolsvam’, but was denied First Prize unfairly; thus being robbed up 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 team’s 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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3 . Noticing the afore submissions of the petitioner, this

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Court had passed the following interim order on 05.01.2024.

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WPC 325/24

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The learned Government Pleader appears for the respondents.

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Since Ext.P4 does not say that the appellate order is based on an analysis of video-recording, I deem it appropriate to grant an interim order in this case. I thus order that the petitioner and her team be permitted to participate in the ‘Kerala State School Kalolsavam 202324’, provisionally. If the petitioner’s team is awarded any of the first three places, same shall be declared only after obtaining orders from this Court.

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Post on 10.01.2024.

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4 . Today, the learned Government Pleader – Smt.Vidya

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Kuriakose, conceded that the petitioner has been awarded the 2 nd Rank, with A Grade, but argued that, nevertheless, this Writ Petition

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cannot be allowed, because the Appellate order in the District Level has been issued validly. She relied upon the judgment in Devna

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Sumesh v. State of Kerala [2022 KHC OnLine 8081], to contend that once the Appeal is disposed of, the petitioner would not obtain any

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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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5 . I am afraid that I cannot find the afore submissions of

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the learned Government Pleader to be worthy, particularly when it

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is conceded that the petitioner has obtained 2 nd Rank/A Grade. It is,

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WPC 325/24

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therefore, luculent that the petitioner had performed well and obtained the said rank.

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6 . Further, the impugned Appellate order merely says that

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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.P4; thus confirming the interim order dated 05.01.2024 clarifying that the petitioner and her team will be granted all benefits consequent to their performance in the ‘State Level Kalolsavam 2023-24’, as per law.

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As a necessary corollary to the above, the results of the event shall be published by the organizers forthwith.

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Sd/-

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RR

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DEVAN RAMACHANDRAN

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JUDGE

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WPC 325/24

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APPENDIX OF WP(C) 325/2024

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PETITIONER EXHIBITS
Exhibit P1TRUE COPY OF THE CERTIFICATE DATED
04.01.2023 ISSUED TO NATHASHA AKBER.K. ONE
OF THE TEAM MEMBERS OF THE PETITIONER'S
TEAM IN 61ST KERALA STATE KALOLSAVAM 2022-
2023
Exhibit P2TRUE COPY OF THE CERTIFICATE DATED
10.11.2023 OF MERIT ISSUED TO NATHASHA
AKBER K ONE OF THE TEAM MEMBER OF THE
PETITIONER'S TEAM IN KERALA SCHOOL
KALOLSAVAM 2023-2024
Exhibit P3TRUE COPY OF THE TABULATION SHEET WITH
RESPECT TO OPPANA OF KOZHIKODE REVENUE
DISTRICT SCHOOL KALOLSAVAM DATED
08.12.2023
Exhibit P4TRUE COPY OF THE ORDER NO.C2/9004/2023(19)
DATED 13.12.2023 ISSUED BY THE 4TH
RESPONDENT

Amrutha Varshini.K.C. v. State of Kerala

Case brief

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Amrutha Varshini.K.C. v. State of Kerala

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