Devendhu.P.B vs Director of General Education

Type Court Judgment Court Kerala Decided Dec 30, 2022

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https://sooperkanoon.com/case/1587940

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Citation: sooperkanoon.com/1587940
Court: Kerala High Court
Judge: Honourable Mr.Justice N.Nagaresh
Decided On: Dec 30, 2022
Case Number: WP(C)/41879/2022

Parties & Advocates

Appellant / Petitioner

Devendhu.P.B

Respondent

Director of General Education

Excerpt

.....the court on the same day delivered the following:judgmentdated this the 30th day of december, 2022 the petitioner was a participant in the district school kalolsavam of thiruvananthapuram revenue district. the petitioner participated in “ottamthullal” competition. the petitioner could not achieve the first place.2. the petitioner states that the petitioner’sottamthullal performance was adversely affected as the mike and sound system provided by the organisers were not proper or upto the mark. though the petitioner filed a statutory appeal, the appellate authority dismissed the appeal by a non- speaking order.3. this court has held in the judgment in w.p.(c)no.40794 of 2022 and connected cases that inadequacy of infrastructure cannot be a ground based on which this court can interfere in the awarding of marks by the judges in the school kalolsavam. this court is not equipped to arrive at such factual adjudication in the matter. in view of the judgment of this court in w.p.(c) no.40794 of 2022 and connected cases, i find no merit in the writ petition. the writ petition is accordingly dismissed. sd/- n.nagaresh judge spk appendix of wp(c) 41879/2022 petitioner exhibits exhibit p1 the copy of the appeal before the 4th respondent on 24.11.2022 exhibit p2 the copy of the appeal list dated nil

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR.JUSTICE N.NAGARESH FRIDAY, THE 30TH DAY OF DECEMBER 2022 / 9TH POUSHA, 1944 WP(C) NO. 41879 OF 2022 PETITIONER: DEVENDHU.P.B, AGED 15 YEARS DAUGHTER OF PRAMOD KUMAR S REPRESENTED BY HER FATHER, PRAMOD KUMAR S.S/O SREEDHARAN PILLAI, AGED 43 YEARS, DURGABHAVANAM, AYANIKKAATTUKONAM MADAVOOR PALLICKAL P.O, THIRUVANANTHAPURAM , PIN - 695602 BY ADVS. NAVEEN RADHAKRISHNAN G.R.BILAHARI RESPONDENTS:
1 DIRECTOR OF GENERAL EDUCATION O/O THE DIRECTOR OF GENERAL EDUCATION, JAGATHY,THIRUVANANTHAPURAM, PIN - 695014 2 KALOLSAVAM COMMITTEE CONVENER ADDITIONAL DIRECTOR OF GENERAL EDUCATION, O/O THE ADDITIONAL DIRECTOR OF GENERAL EDUCATION, JAGATHY,THIRUVANANTHAPURAM-, PIN - 695014 3 DISTRICT EDUCATION OFFICER O/O THE DISTRICT EDUCATION OFFICER, JAGATHY, THIRUVANANTHAPURAM, PIN - 695014 4 CHAIRMAN APPEAL COMMITTEE, DEPUTY DIRECTOR OF EDUCATION, O/O THE DEPUTY DIRECTOR OF EDUCATION. JAGATHY,THIRUVANANTHAPURAM, PIN - 695014
SMT.ANIMA GP THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 30.12.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

JUDGMENT

Dated this the 30th day of December, 2022 The petitioner was a participant in the District School kalolsavam of Thiruvananthapuram Revenue District. The petitioner participated in “Ottamthullal” competition. The petitioner could not achieve the first place.

2. The petitioner states that the petitioner’s

Ottamthullal performance was adversely affected as the mike and sound system provided by the organisers were not proper or upto the mark. Though the petitioner filed a statutory appeal, the appellate authority dismissed the appeal by a non- speaking order.

3. This Court has held in the judgment in W.P.(C)

No.40794 of 2022 and connected cases that inadequacy of infrastructure cannot be a ground based on which this Court can interfere in the awarding of marks by the Judges in the School Kalolsavam. This Court is not equipped to arrive at such factual adjudication in the matter. In view of the judgment of this Court in W.P.(C) No.40794 of 2022 and connected cases, I find no merit in the writ petition. The writ petition is accordingly dismissed. Sd/- N.NAGARESH JUDGE spk APPENDIX OF WP(C) 41879/2022 PETITIONER EXHIBITS Exhibit P1 THE COPY OF THE APPEAL BEFORE THE 4TH RESPONDENT ON 24.11.2022 Exhibit P2 THE COPY OF THE APPEAL LIST DATED NIL

Same Court & Year Kerala · 2022 Same Parties Devendhu.P.B vs Director of General Education Same Judge Honourable Mr.Justice N.Nagaresh