Allowed

Gouri Nanda Krishna v. State of Kerala

Kerala HC8 Jan 2024WP(C)/48/2024

Case brief

AI extract

What is this about?

A minor sought permission to participate in the State Level School Kalolsavam after the District Level appeal was rejected. The court set aside Ext.P5 for lack of specific reasons and absence of video evaluation, confirming the interim order permitting participation and directing publication of results with consequential benefits.

What did the court decide?

Writ petition allowed; Ext.P5 set aside; petitioner's team granted participation in State Level Kalolsavam 2023-24 with all benefits as per law; results to be published forthwith.

Gouri Nanda Krishna 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. 48 OF 2024

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PETITIONER:

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GOURI NANDA KRISHNA, AGED 14 YEARS (MINOR) D/O. KISHORE, RESIDING AT KUMMANGOT HOUSE, KANNANKARA, CHELANNUR VILLAGE, CHELANNUR P.O, KOZHIKODE DISTRICT, PIN-673616, REPRESENTED BY NEXT FRIEND/GUARDIAN AND FATHER, KISHORE, AGED 44 YEARS, S/O.BABU, RESIDING AT KUMMANGOT HOUSE, KANNANKARA, CHELANNUR VILLAGE, CHELANNUR P.O, KOZHIKODE DISTRICT, PIN - 673616 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 - 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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SRI SUNIL K KURIAKOSE-GP

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WP(C) NO. 48 OF 2024

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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:

WP(C) NO. 48 OF 2024

JUDGMENT

The petitioner has approached this Court seeking

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

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2 . The specific allegation of the petitioner is that she and her team performed commendably in the District Level of the ‘Kalolsvam’, but was denied First Prize unfairly; thus being robbed o f 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 Court had passed the following interim order on 03.01.2024:

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“The learned Government Pleader appears for the respondents.

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Adverting to the strong allegations in the writ

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WP(C) NO. 48 OF 2024

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petition and since Ext.P5 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 and her team be permitted to participate in the Kerala State School Kalolsavam, 2023-24, provisionally.

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

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4 . Today, the learned Government Pleader – Sri.Sunil Kumar Kuriakose, conceded that the petitioner’s team has been awarded 1 st Rank, 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 petition e r 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 is conceded that the petitioner and her team ha v e obtained 1 st Rank. It is, therefore, luculent that they had performed well and

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WP(C) NO. 48 OF 2024

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obtained the said rank.

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6 . 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.P5; thus confirming the interim order dated 03.01.2024; 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/- DEVAN RAMACHANDRAN

JUDGE

stu

WP(C) NO. 48 OF 2024

APPENDIX OF WP(C) 48/2024

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PETITIONER EXHIBITS

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Exhibit P1	TRUE COPY OF THE CERTIFICATE OF MERIT ISSUED ON 10.11.2023 TO AMINA TUBA B K ONE OF THE TEAM MEMBERS OF THE PETITIONER'S BAND WITH RESPECT TO KERALA SCHOOL KALOLSAVAM 2023-2024
Exhibit P2	TRUE COPY OF THE NEWS REPORTED ON 07.12.2023 IN MADHYAMAM DAILY NEWSPAPER WITH RESPECT TO VIOLATION OF THE KERALA KALOLSAVAM MANUAL
Exhibit P3	TRUE COPY OF THE TABULATION SHEET WITH RESPECT TO BANDMELAM OF REVENUE DISTRICT SCHOOL KALOLSAVAM DATED 06.12.2023
Exhibit P4	TRUE COPY OF THE RELEVANT PAGES OF THE KERALA SCHOOL KALOLSAVA MANUAL
Exhibit P5	TRUE COPY OF THE ORDER NO.C2/9004/2023(120) DATED 13.12.2023 ISSUED BY THE 4TH RESPONDENT

Gouri Nanda Krishna v. State of Kerala

Case brief

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Gouri Nanda Krishna v. State of Kerala

Case brief

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