Ameen Ashraf Vs. Deputy Director of Education - Court Judgment

SooperKanoon Citationsooperkanoon.com/1122895
CourtKerala High Court
Decided OnJan-03-2014
JudgeHONOURABLE MR.JUSTICE P.R.RAMACHANDRA MENON
AppellantAmeen Ashraf
RespondentDeputy Director of Education
Excerpt:
in the high court of kerala at ernakulam present: the honourable mr.justice p.r.ramachandra menon friday, the3d day of january201413th pousha, 1935 wp(c).no. 133 of 2014 (n) -------------------------- petitioner : --------------------- ameen ashraf minor, represented by his mother jaleela kareesseril manzil, vavakkavu, oachira karunagappally std-12, bism madathil hss karunagappally. by adv. sri.p.sreekumar respondent(s) : ---------------------------- 1. the deputy director of education kollam, office of the deputy director education kollam - 691 701 2. the convenor district level school kalolsavam office of the deputy director of education kollam - 691701 3. the convenor and assistant educational officer, sub district level school kalolsavam, karunagappally - 691709. by sr. govt. pleader sri. joseph george this writ petition (civil) having come up for admission on0301-2014, the court on the same day delivered the following: mn ...2/- wp(c).no. 133 of 2014 (n) ------------------------------------ appendix petitioners' exhibits : ------------------------------------- exhibit p1 true copies of the certificates of merits issued to the team members including the petitioner during the last year. exhibit p2 a true copy of the receipt showing the payment of the appeal fee issued by the3d respondent. exhibit p3 a true copy of the list published by the3d respondent regarding the consideration of the appeals respondent(s)' exhibits : nil ----------------------------------------------------------- //true copy// p.a. to judge mn p.r.ramachandra menon, j.- - - - - - - - - - - - - - - - - - - - - w.p.(c) no. 133 of2014- - - - - - - - - - - - - - - - - - - - - - - - - - dated this the 3rd day of january, 2014 judgment the petitioner was a member of the team representing bjsm madathil higher secondary in the 'kolkali' competition held in the sub district school kalolsavam, karunagappally recently. the case of the petitioner is that the petitioner's team has been awarded only the second prize with a grade, despite the best performance. it is stated that the tarpaulin sheet, which was placed covering the stage, was not properly tagged/ fit and the same came to be rolled up, which adversely affected the performance of the team. even though the grievance was projected before the appellate committee, the same was not properly considered and no order has been passed. the petitioner seeks to place reliance on ext.p3 list of events showing the fate of appeals, which does not include the appeal preferred by the petitioner. reliance is sought to be placed on ext.p2 receipt as to the payment of appeal fees on 5.12.2013. w.p.(c)no.133/2014 2 2. the learned government pleader submits on instructions that ext.p3 list is not complete. it is pointed out that the version of the petitioner is not at all correct and that no mishap had ever occurred as alleged, in the course of the performance on the relevant date. no report has been filed by the stage manager in this regard and further that the decision was taken by the appellate committee after viewing the video recording, which did not reflect any such adverse circumstance. it is also brought to the notice of this court that, there is substantial difference between the marks obtained by the petitioner's team, who got only 210 marks, whereas the team who was awarded the first prize got a total of 260 marks, thus with a sizable margin of 50. after hearing both the sides, this court finds that no tenable ground is projected to call for interference. the writ petition is dismissed accordingly. p.r.ramachandra menon judge sv.
Judgment:

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE P.R.RAMACHANDRA MENON FRIDAY, THE3D DAY OF JANUARY201413TH POUSHA, 1935 WP(C).No. 133 of 2014 (N) -------------------------- PETITIONER : --------------------- AMEEN ASHRAF MINOR, REPRESENTED BY HIS MOTHER JALEELA KAREESSERIL MANZIL, VAVAKKAVU, OACHIRA KARUNAGAPPALLY STD-12, BISM MADATHIL HSS KARUNAGAPPALLY. BY ADV. SRI.P.SREEKUMAR RESPONDENT(S) : ---------------------------- 1. THE DEPUTY DIRECTOR OF EDUCATION KOLLAM, OFFICE OF THE DEPUTY DIRECTOR EDUCATION KOLLAM - 691 701 2. THE CONVENOR DISTRICT LEVEL SCHOOL KALOLSAVAM OFFICE OF THE DEPUTY DIRECTOR OF EDUCATION KOLLAM - 691701 3. THE CONVENOR AND ASSISTANT EDUCATIONAL OFFICER, SUB DISTRICT LEVEL SCHOOL KALOLSAVAM, KARUNAGAPPALLY - 691709. BY SR. GOVT. PLEADER SRI. JOSEPH GEORGE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON0301-2014, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Mn ...2/- WP(C).No. 133 of 2014 (N) ------------------------------------ APPENDIX PETITIONERS' EXHIBITS : ------------------------------------- EXHIBIT P1 TRUE COPIES OF THE CERTIFICATES OF MERITS ISSUED TO THE TEAM MEMBERS INCLUDING THE PETITIONER DURING THE LAST YEAR. EXHIBIT P2 A TRUE COPY OF THE RECEIPT SHOWING THE PAYMENT OF THE APPEAL FEE ISSUED BY THE3D RESPONDENT. EXHIBIT P3 A TRUE COPY OF THE LIST PUBLISHED BY THE3D RESPONDENT REGARDING THE CONSIDERATION OF THE APPEALS RESPONDENT(S)' EXHIBITS : NIL ----------------------------------------------------------- //TRUE COPY// P.A. TO JUDGE Mn P.R.RAMACHANDRA MENON, J.

- - - - - - - - - - - - - - - - - - - - - W.P.(c) No. 133 OF2014- - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 3rd day of January, 2014 JUDGMENT

The petitioner was a member of the team representing BJSM Madathil Higher Secondary in the 'Kolkali' competition held in the Sub District School Kalolsavam, Karunagappally recently. The case of the petitioner is that the petitioner's team has been awarded only the second prize with A grade, despite the best performance. It is stated that the tarpaulin sheet, which was placed covering the stage, was not properly tagged/ fit and the same came to be rolled up, which adversely affected the performance of the team. Even though the grievance was projected before the Appellate Committee, the same was not properly considered and no order has been passed. The petitioner seeks to place reliance on Ext.P3 list of events showing the fate of appeals, which does not include the appeal preferred by the petitioner. Reliance is sought to be placed on Ext.P2 receipt as to the payment of appeal fees on 5.12.2013. W.P.(C)No.133/2014 2 2. The learned Government Pleader submits on instructions that Ext.P3 list is not complete. It is pointed out that the version of the petitioner is not at all correct and that no mishap had ever occurred as alleged, in the course of the performance on the relevant date. No report has been filed by the stage manager in this regard and further that the decision was taken by the Appellate Committee after viewing the video recording, which did not reflect any such adverse circumstance. It is also brought to the notice of this Court that, there is substantial difference between the marks obtained by the petitioner's team, who got only 210 marks, whereas the team who was awarded the first prize got a total of 260 marks, thus with a sizable margin of 50. After hearing both the sides, this Court finds that no tenable ground is projected to call for interference. The writ petition is dismissed accordingly. P.R.RAMACHANDRA MENON JUDGE sv.