A.D.Babu Vs. State of Kerala - Court Judgment

SooperKanoon Citationsooperkanoon.com/1009859
CourtKerala High Court
Decided OnJan-16-2013
JudgeHONOURABLE MR.JUSTICE P.R.RAMACHANDRA MENON
AppellantA.D.Babu
RespondentState of Kerala
Excerpt:
in the high court of kerala at ernakulam present: the honourable mr.justice p.r.ramachandra menon wednesday, the 16th day of january 2013 26th pousha 193 wp(c).no. 1467 of 2013 (g) -------------------------- petitioner(s): ------------- a.d.babu, alappat house, olanad p.o., koonammavu,north paravur. by adv. smt.v.geetha potti respondent(s): -------------- 1. state of kerala, represented by secretary, education department, secretariat, thiruvananthapuram.2. director of public instructions, jagathi,thiruvananthapuram.3. deputy director (education), thrikkakara civil station, cochin - 30. by government pleader sri. s.jamal. this writ petition (civil) having come up for admission on 16-01-2013, the court on the same day delivered the following: rvs. w.p.(c)no.1467/2013(g) appendix petitioner(s) exhibits : exhibit p1. true copy of the identity card issued from the school. exhibit p2. true copy of the participants card. exhibit p3. true copy of receipt issued by 3rd respondent. exhibit p4. true copy of the order issued by the 3rd respondent dated 09 01.2013. respondents' exhibits : nil. /true copy/ rvs. p.r. ramachandra menon, j............................................................................... w.p. ) no.1467 of 201.......................................................................... dated this the 16th january, 2013 judgment the petitioner's daughter is stated as a loser in the event 'kerala nadanam' in the revenue district level kalolsavam 2012 -13 held at ernakulam and that she could secure only 'a' grade, which virtually prevented her from competing in the state level competition. it is stated that though an appeal was preferred, the same did not turn to be fruitful.2. it is brought to the notice of this court that the only ground raised before the appellate committee was with regard to the defective stage, i.e, it was slippery. it is submitted by the learned government pleader that there was absolutely no basis in the complaint filed by the petitioner, as no such grievance was ever raised either before the stage manager or before other authorities. it is also added that the petitioner's daughter could secure only '234' marks, whereas the first prize winner secured '246' marks and that all the three judges had awarded more w.p. ) no.1467 of 201.2 marks to the first prize winner. after hearing both the sides, this court does not find any tenable ground to invoke the discretionary jurisdiction vested with this court under article 226 of the constitution of india. interference is declined and the writ petition is dismissed. p.r. ramachandra menon, judge. lk
Judgment:

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE P.R.RAMACHANDRA MENON WEDNESDAY, THE 16TH DAY OF JANUARY 2013 26TH POUSHA 193 WP(C).No. 1467 of 2013 (G) -------------------------- PETITIONER(S): ------------- A.D.BABU, ALAPPAT HOUSE, OLANAD P.O., KOONAMMAVU,NORTH PARAVUR. BY ADV. SMT.V.GEETHA POTTI RESPONDENT(S): -------------- 1. STATE OF KERALA, REPRESENTED BY SECRETARY, EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM.

2. DIRECTOR OF PUBLIC INSTRUCTIONS, JAGATHI,THIRUVANANTHAPURAM.

3. DEPUTY DIRECTOR (EDUCATION), THRIKKAKARA CIVIL STATION, COCHIN - 30. BY GOVERNMENT PLEADER SRI. S.JAMAL. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 16-01-2013, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rvs. W.P.(C)NO.1467/2013(G) APPENDIX PETITIONER(S) EXHIBITS : EXHIBIT P1. TRUE COPY OF THE IDENTITY CARD ISSUED FROM THE SCHOOL. EXHIBIT P2. TRUE COPY OF THE PARTICIPANTS CARD. EXHIBIT P3. TRUE COPY OF RECEIPT ISSUED BY 3RD RESPONDENT. EXHIBIT P4. TRUE COPY OF THE ORDER ISSUED BY THE 3RD RESPONDENT DATED 09 01.2013. RESPONDENTS' EXHIBITS : NIL. /True Copy/ rvs. P.R. RAMACHANDRA MENON, J.

.............................................................................. W.P. ) No.1467 OF 201.......................................................................... Dated this the 16th January, 2013 JUDGMENT

The petitioner's daughter is stated as a loser in the event 'Kerala Nadanam' in the Revenue District Level Kalolsavam 2012 -13 held at Ernakulam and that she could secure only 'A' Grade, which virtually prevented her from competing in the State Level Competition. It is stated that though an appeal was preferred, the same did not turn to be fruitful.

2. It is brought to the notice of this Court that the only ground raised before the Appellate Committee was with regard to the defective stage, i.e, it was slippery. It is submitted by the learned Government Pleader that there was absolutely no basis in the complaint filed by the petitioner, as no such grievance was ever raised either before the Stage Manager or before other authorities. It is also added that the petitioner's daughter could secure only '234' marks, whereas the first prize winner secured '246' marks and that all the three judges had awarded more W.P. ) No.1467 OF 201.2 marks to the first prize winner. After hearing both the sides, this Court does not find any tenable ground to invoke the discretionary jurisdiction vested with this Court under Article 226 of the Constitution of India. Interference is declined and the writ petition is dismissed. P.R. RAMACHANDRA MENON, JUDGE. lk