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Deva Nanda P.K vs State of Kerala

Deva Nanda P.K vs State of Kerala

Type Court Judgment Court Kerala Decided Dec 30, 2022
~3 min read
https://sooperkanoon.com/case/1588968

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Citation
Court
Kerala High Court
Judge
Decided On
Case Number
WP(C)/42952/2022

Parties & Advocates

Appellant / Petitioner

Deva Nanda P.K

Respondent

State of Kerala

Excerpt

.....kalolsavam of kannur district. the petitioner could not secure the first prize.2. the petitioner states that the stage was not setproperly. the carpet was slippery. inadequate infrastructure even made one of the participants fall down on stage. it is for those reasons that the petitioner’s team could not secure the first prize. this court is therefore compellable to pass appropriate orders permitting the petitioner’s team to participate in the state school kalolsavam, contends the petitioner.3. heard.4. this court in w.p(c) no.40794 of 2022 andconnected cases has considered a similar issue and has heldthat this court cannot interfere in the conduct of school kalolsavam on the basis of the inadequate infrastructure facilities as those issues are pure questions of fact.5. the petitioner would further allege that the appeal preferred by the petitioner has not been properly adverted to.6. i have perused ext.p1 order. ext.p1 order wouldshow that the appeal committee has adverted to all allegations raised by the petitioner in the appeal. the petitioner’s team scored 5 marks less than the team which won the 1st prize.i do not find any reason to set aside ext.p1 order. the writ petition is dismissed. sd/- n. nagaresh, judge smm appendix of wp(c) 42952/2022 petitioner exhibits exhibit-p1 a true copy of the order dated 08.12.2022 by the third respondent. exhibit-p2 a true copy of the news report in malayala manorama daily dated 27.11.2022.

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. 42952 OF 2022 PETITIONER DEVA NANDA P.K AGED 14 YEARS (MINOR), D/O. SANJANA P.K, SHYNI NIVAS, KOYITHATTA TEMPLE, UMMENNCHIRA P.O, KANNUR DISTRICT, REPRESENTED BY MOTHER AND NATURAL GUARDIAN SANJANA P.K, AGED 47 YEARS, W/O. ANILKUMAR V, SHYNI NIVAS, KOYITHATTA TEMPLE, UMMENNCHIRA P.O, KANNUR DISTRICT., PIN - 670649 BY ADV K.ABOOBACKER SIDHEEQUE RESPONDENTS

1 STATE OF KERALA REPRESENTED BY ITS SECRETARY, GENERAL EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT, 2 KERALA SCHOOL KALOLSAVAM 2022-2023 COMMITTEE REPRESENTED BY DIRECTOR OF GENERAL EDUCATION, 3 THE APPEAL COMMITTEE KANNUR REVENUE DISTRICT SCHOOL KALOLSAVAM 2022-2023, REPRESENTED BY ITS CHAIRMAN, DEPUTY DIRECTOR OF EDUCATION, OFFICE OF THE DEPUTY DIRECTOR OF EDUCATION, KANNUR DISTRICT., PIN - 670002

BY ADV. SR.V.S SREEJITH - GOVERNMENT PLEADER 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’s team participated in ‘Chavittunadakam’ competition in the School Kalolsavam of Kannur District. The petitioner could not secure the first prize.

2. The petitioner states that the stage was not set

properly. The carpet was slippery. Inadequate infrastructure even made one of the participants fall down on stage. It is for those reasons that the petitioner’s team could not secure the first prize. This Court is therefore compellable to pass appropriate orders permitting the petitioner’s team to participate in the State School Kalolsavam, contends the petitioner.

3. Heard.

4. This Court in W.P(C) No.40794 of 2022 and

connected cases has considered a similar issue and has held

that this Court cannot interfere in the conduct of School Kalolsavam on the basis of the inadequate infrastructure facilities as those issues are pure questions of fact.

5. The petitioner would further allege that the appeal preferred by the petitioner has not been properly adverted to.

6. I have perused Ext.P1 order. Ext.P1 order would

show that the Appeal Committee has adverted to all allegations raised by the petitioner in the appeal. The petitioner’s team scored 5 marks less than the team which won the 1st prize.

I do not find any reason to set aside Ext.P1 order. The writ petition is dismissed. Sd/- N. NAGARESH, JUDGE smm APPENDIX OF WP(C) 42952/2022 PETITIONER EXHIBITS Exhibit-P1 A TRUE COPY OF THE ORDER DATED 08.12.2022 BY THE THIRD RESPONDENT. Exhibit-P2 A TRUE COPY OF THE NEWS REPORT IN MALAYALA MANORAMA DAILY DATED 27.11.2022.

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