Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE P.R.RAMACHANDRA MENON TUESDAY, THE 1ST DAY OF JANUARY 2013 11TH POUSHA 193 WP(C).No. 31459 of 2012 (F) --------------------------- PETITIONER(S): ------------- AMIYA JOY, MINOR, AGED 1 YEARS, D/O.JOY ANTONY, OUR LADY OF MERCY HIGHER SECONDARY SCHOOL, EZHUPUNNA, REPRESENTED BY HER FATHER AND GUARDIAN JOY ANTONY, KOCHUTHARA HOUSE, THYKATTUSSERY, CHERTHALA. BY ADV. SRI.VIJAI MATHEWS RESPONDENT(S): -------------- 1. STATE OF KERALA, REPRESENTED BY ITS SECRETARY, EDUCATION DEPARTMENT(HIGHER SECONDARY), SECRETARIAT, THIRUVANANTHAPURAM.
2. DISTRICT EDUCATIONAL OFFICER, CHERTHALA.
3. ASSISTANT EDUCATIONAL OFFICER, THURAVOOR.
4. PRINCIPAL, HSS KANDAMANGALAM, KADAKKARAPPALLY P.O. BY GOVERNMENT PLEADER SRI. S. JAMAL THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01-01-2013, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: DSV/- WP(C).No. 31459 of 2012 (F) APPENDIX PETITIONER(S) EXHIBITS : EXT-P1 COPY OF THE CERTIFICATE OF MERIT ISSUED TO THE PETITIONER IN KATHAPRASANGAM COMPETITION DATED NIL. EXT-P2 COPY OF HE ORDER NO.A5/7944/12 OF THE APPEAL COMMITTEE DATED 15 12-2012. EXT-P3 COPY 0 THE COPY OF THE ORDER PASSED BY THE TALUK LEGAL SERVICES COMMITTEE CHERTHALA DATED 20 12-2012 EXT-P4 COPY OF THE REPRESENTATION SUBMITTED BEFORE THE HIGH COURT LEGAL SERVICES COMMITTEE DATED 21 12-2012. RESPONDENTS' EXHIBITS : NIL // TRUE COPY // P.A. TO JUDGE DSV/- P.R.RAMACHANDRA MENON, J.
- - - - - - - - - - - - - - - - - - - - - W.P.(c) No.31459 OF 201.- - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 1st day of January, 2013 JUDGMENT The petitioner was a junior participant in the event 'Kathaprasangam' in the Thuravoor Sub District level 25th School Kalolsavam 2012-2013. On completion of the event, the petitioner was awarded only second prize with A grade. According to the petitioner, the petitioner performed in a superb manner, inspite of the fact that the audio system was defective and the same failed. It was in the said circumstance, that the petitioner sought for an opportunity to participate in the youth festival at the Revenue District level and filed an appeal before the appellate committee. The same was considered and Ext.P2 order was passed on 15/12/2012, which in turn is under challenge in this writ petition.
2. Heard the learned Government Pleader as well.
3. On going through the pleadings and proceedings, it is seen that the merit of the case projected by the petitioner was considered by W.P.(C)No.31459/2012 2 the appellate committee headed by the District Educational Officer and other members concerned. It is stated in Ext.P2 that the video clippings of the event was examined, verified and got convinced to the effect that the performance of the petitioner was not as good as contended by her. It is also stated that there was no proper synchronization of the various factors as given in Ext.P2. This Court does not find any reason to reappraise the merits involved, which has been finalised by the appellate committee. The petitioner does not have a specific plea of malafides and nobody has been impleaded in the party array in personal capacity. Interference is declined and the writ petition is dismissed. P.R.RAMACHANDRA MENON JUDGE sv. W.P.(C)No.31459/2012 2