Judgment:
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE P.R.RAMACHANDRA MENON FRIDAY, THE 4TH DAY OF JANUARY 2013 14TH POUSHA 193 WP(C).No. 454 of 2013 (F) ------------------------- PETITIONER: ------------- DRISYA RAJ, AGED 1 YEARS, MINOR REPRESENTED BY HER GUARDIAN MOTHER SMT.SHARMILA P.K., W/O. T.M. RAJAN, 'SRAVANAM', KIZHUPARAMBA P.O. MALAPPURAM DISTRICT ”
639. RESPONDENT(S): ------------- 1. THE CONVENOR, PROGRAMME COMMITTEE, KERALA SCHOOL KALOLSAVAM, MALAPPURAM REVENUE DISTRICT, GOVERNMENT GIRLS VOCATIONAL HGHER SECONDARY SCHOOL, WANDOOR, MALAPPURAM DISTRICT - 673639.
2. THE DEPUTY DIRECTOR OF EDUCATION, MALAPPURAM, MALAPPURAM DISTRICT ”
001. BY GOVERNMENT PLEADER SRI GEORGE MECHERIL BY ADV. SRI.U.K.DEVIDAS THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04-01-2013, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 454 of 2013 APPENDIX PETITIONERS EXHIBITS: P1: COPY OF THE CERTIFICATE DATED 06 12.2012. P2: COPY OF THE MEDICAL PRESCRIPTION AND BILL OF THE MEDICINES DATED 06 122012 P3: COPY OF THE ORDER DATED 24 12.2012. RESPONDENTS EXHIBITS: NIL /TRUE COPY/ P.A TO JUDGE SKV P.R. RAMACHANDRA MENON J.
~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C) No. 454 of 2013 ~~~~~~~~~~~~~~~~~~~~~~~ Dated, this the 4th day of January, 2013 JUDGMENT The petitioner is a '+2' student, who participated in the Revenue District level School Kalolsvam, in the event "Kerala Nadanam", which was held on 05.12.2012. On completion of the event, the petitioner was awarded 'A Grade'. But by virtue of the assigned position, she is not in a position to participate in the next higher level competition and hence is before this Court for appropriate relief.
2. The learned counsel for the petitioner submits that, during the performance of the petitioner, she sustained some injury (piercing of a pin) on the stage. Injury caused to the petitioner was sought to be substantiated with reference to Ext. P2 medical prescription issued by the concerned Doctor and the Medical bill. The learned counsel for the petitioner submits that the petitioner does not have any further chance to participate in the State level competition, as she is a '+2' W.P.(C) No. 454 of 2013 :
2. : student, but the appeal preferred by her came to be rejected quite casually, vide Ext. P3.
3. Heard the learned Government Pleader as well.
4. Going by the materials on record, it is seen that the particular event 'Kerala Nadanam' was held on 05.12.2012. In spite of the "pin injury", the petitioner thought of availing the treatment only on the next day, by approaching a Doctor and purchasing some medicines as borne by Ext. P2, whereas the appeal had been preferred on the previous day itself, as discernible from Ext. P3, which came to be finalized on 24.12.2012. No copy of the Appeal Memorandum is produced along with writ petition, to analyse and appreciate the grounds raised. It is stated in Ext. P3 appellate order, that the Appeal Committee considered the relevant facts and figures and that before starting the event, an opportunity was given to the petitioner as well, to examine the stage and there was no complaint in any manner. W.P.(C) No. 454 of 2013 :
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5. This Court does not find any tenable ground to exercise the discretionary jurisdiction of this Court for extending any relief as sought for. The Writ Petition fails and the same is dismissed accordingly. sd/- P. R. RAMACHANDRA MENON, (JUDGE) kmd