Devadathan M vs State of Kerala

Type Court Judgment Court Kerala Decided Jan 04, 2023

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https://sooperkanoon.com/case/1412181

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Citation: sooperkanoon.com/1412181
Court: Kerala High Court
Judge: Honourable Mr.Justice V.G.Arun
Decided On: Jan 04, 2023
Case Number: WP(C)/43006/2022

Parties & Advocates

Appellant / Petitioner

Devadathan M

Respondent

State of Kerala

Excerpt

.....result, the petitioner preferred an appeal contending that, while the petitioner was participating in the upanyasam (essay writing) competition it was suddenly announced that the kavitha rachana competition is about to commence at a different venue. the petitioner immediately rushed from the upanyasam venue to the venue where the kavitha rachana competition was being held. although, petitioner participated in the kavitha rachana competition, his thought process was impeded by the sudden rush from one venue to the other. this resulted in the petitioner losing valuable marks and securing only second position. the appeal having been rejected by ext.p2 order, this writ petition is filed. -3-2. a perusal of ext.p2 order shows that thecommittee had heard the petitioner and had also perused the score sheet and tabulation sheet. the committee found that the petitioner's performance was not better than that of the first placed contestant. even though the petitioner was unfortunate in having been compelled to participate in the kavitha rachana competition immediately after the upanyasam competition, that will not justify this court's interference with the well considered order of the appeal committee. for the aforementioned reasons, the writ petition is dismissed. sd/- v.g. arun judge bpr -4- appendix of wp(c) 43006/2022 petitioner's exhibits exhibit p1 a true copy of the participant's card issued to the petitioner. exhibit p2 a true copy of the decision no. c2/4272/2022(2)/ dated 08/12/2022.

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR.JUSTICE V.G.ARUN WEDNESDAY, THE 4TH DAY OF JANUARY 2023 / 14TH POUSHA, 1944 PETITIONER: DEVADATHAN M., AGED 17 YEARS, MINOR, REPRESENTED BY HIS FATHER MANUKUMAR K., AGED 50 YEARS, S/O KUTTAN PILLAI, RESIDING AT 'PANCHAKSHARI'(H), PAKALKURI P.O., PALLICKAL VILLAGE, VARKALA TALUK, THIRUVANANTHAPURAM DISTRICT-695 604. BY ADVS. S.BIJU (KIZHAKKANELA) JOHNSON GOMEZ SANJAY JOHNSON JOHN GOMEZ ARUN JOHNY RESPONDENTS: 1 STATE OF KERALA REPRESENTED BY THE SECRETARY TO THE GOVERNMENT, DEPARTMENT OF GENERAL EDUCATION, GOVT. SECRETARIAT, THIRUVANANTHAPURAM-695 001. 2 THE DEPUTY DIRECTOR OF EDUCATION AND THE CHAIRMAN APPEAL COMMITTEE, REVENUE DIST. SCHOOL YOUTH FESTIVAL, ELAMBALLOOR ROAD, THEVALLY NAGAR, THEVALLY, KOLLAM, KERALA, PIN-691 009. 3 NIMISHA MATHEW, AGED 17 YEARS (MINOR), REPRESENTED BY HER FATHER MATHEW (ADDRESS NOT KNOWN TO THE PETITIONER), THROUGH THE PRINCIPAL, ST GREGORIOUS HSS, PULAMON P.O., KOTTARAKKARA, KOLLAM DIST-691 531. SRI. P.S. APPU, GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04.01.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: -2-

JUDGMENT

Dated this the 4th day of January, 2023 The petitioner participated for the item Poetry writing (Kavitha Rachana)' English in the Kollam District School Kalolsavam and secured second place with A Grade. Dissatisfied with the result, the petitioner preferred an appeal contending that, while the petitioner was participating in the Upanyasam (Essay writing) competition it was suddenly announced that the Kavitha Rachana competition is about to commence at a different venue. The petitioner immediately rushed from the Upanyasam venue to the venue where the Kavitha Rachana competition was being held. Although, petitioner participated in the Kavitha Rachana competition, his thought process was impeded by the sudden rush from one venue to the other. This resulted in the petitioner losing valuable marks and securing only second position. The appeal having been rejected by Ext.P2 order, this writ petition is filed. -3-

2. A perusal of Ext.P2 order shows that the

committee had heard the petitioner and had also perused the score sheet and tabulation sheet. The committee found that the petitioner's performance was not better than that of the first placed contestant. Even though the petitioner was unfortunate in having been compelled to participate in the Kavitha Rachana competition immediately after the Upanyasam competition, that will not justify this Court's interference with the well considered order of the appeal committee. For the aforementioned reasons, the writ petition is dismissed. Sd/- V.G. ARUN JUDGE bpr -4- APPENDIX OF WP(C) 43006/2022 PETITIONER'S EXHIBITS Exhibit P1 A TRUE COPY OF THE PARTICIPANT'S CARD ISSUED TO THE PETITIONER. Exhibit P2 A TRUE COPY OF THE DECISION NO. C2/4272/2022(2)/ DATED 08/12/2022.

Same Court & Year Kerala · 2023 Same Parties Devadathan M vs State of Kerala Same Judge Honourable Mr.Justice V.G.Arun