Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN MONDAY, THE 8TH DAY OF JANUARY 2024 / 18TH POUSHA, 1945 WP(C) NO. 42421 OF 2023 PETITIONER: DEVANANDA AGED 14 YEARS CLASS 9, ITHITHANAM HIGHER SECONDARY SCHOOL, MALAKUNNAM P O, CHANGANASSERRY, MINOR REPRESENTED BY HER MOTHER, PREETHY P A, 47 YEARS, W/O SURESH BABU, THAMARAKKULAM, MALAKUNNAM P O, CHANGANACHERRY, PIN - 686535 BY ADVS. P.SREEKUMAR HELEN P.A. ATHUL ROY STEPHANIE SHARON NITHIN ANTONY JOSE RESPONDENTS:
1 THE GENERAL CONVENOR DISTRICT SCHOOL YOUTH FESTIVAL DEPUTY DIRECTOR OF EDUCATION OFFICE OF THE DEPUTY DIRECTOR OF EDUCATION, KOTTAYAM, PIN - 686039 2 THE CHAIRMAN APPELLATE COMMITTEE, SCHOOL YOUTH FESTIVAL DISTRICT LEVEL, DEPUTY DIRECTOR OF EDUCATION, OFFICE OF THE DEPUTY DIRECTOR OF EDUCATION, KOTTAYAM, PIN - 686039 3 THE GENERAL CONVENOR STATE LEVEL SCHOOL YOUTH FESTIVAL [ADDITIONAL DIRECTOR OF GENERAL EDUCATION (GENERAL), OFFICE OF THE DIRECTOR OF GENERAL EDUCATION, JAGATHY THIRUVANANTHAPURAM, PIN - 695014
SMT VIDYA KURIAKOSE-GP 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. 42421 OF 2023 2
JUDGMENT
The petitioner has approached this Court seeking permission to participate in the ‘Kerala State School Kalolsavam 2023-24’.
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 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 - though so stated in Ext.P1; and hence that she has been constrained to approach this Court through this Writ Petition.
3. Noticing the afore submissions of the petitioner, this Court had passed the following interim order on 03.01.2024.
“The learned Government Pleader appears for the respondents. Taking into account the specific allegation of the petitioner that the tabulation of the marks was done by the Judges themselves, thus giving rise to a chance of
manipulation, I deem it appropriate to grant an interim order
WP(C) NO. 42421 OF 2023 3 in this case. I thus order that the petitioner and her team be permitted to participate in the Kerala State School Kalolsavam, 2023-24, provisionally. If the petitioner is awarded any of the first three places, same shall be declared only after obtaining orders from this Court. List on 10.01.2024.”
4. Today, the learned Government Pleader - Smt.Vidya
Kuriakose, conceded that the petitioner has been awarded the 1st Rank, with A Grade, but argued that, nevertheless, this Writ Petition cannot be allowed, because the Appellate order in the District Level has been issued validly. She 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 petitioner
had been properly considered.
5. I am afraid that I cannot find the afore submissions of the
learned Government Pleader to be worthy, particularly when it is conceded that the petitioner has obtained 1st Rank/A Grade. It is, therefore, luculent that the petitioner had performed well and obtained the said rank. WP(C) NO. 42421 OF 2023 4
6. Further, the impugned Appellate Order merely says that all
objections of the petitioner had been properly evaluated, but specific reasons are not available. In the afore circumstances, I allow this Writ Petition and set aside Ext.P1; 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. As a necessary corollary to the above, the results of the event shall be published by the organizers forthwith. Sd/- DEVAN RAMACHANDRAN JUDGE MC/11.1 WP(C) NO. 42421 OF 2023 5 APPENDIX OF WP(C) 42421/2023 PETITIONER EXHIBITS Exhibit P1 A TRUE COPY OF THE ORDER DATED 27.11.2023 IN THE APPEAL SUBMITTED BY THE PETITIONER