IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN MONDAY, THE 27^TH DAY OF NOVEMBER 2023 / 6TH AGRAHAYANA, 1945 WP(C) NO. 39002 OF 2023 PETITIONER:

GAGANA L G, AGED 13 YEARS, D/O GOPAKUMAR M, SRI HARI, TENRA 114, NEAR EXCEL CLUB, KOLLAM (MINOR COMPLAINANT REPRESENTED BY HER MOTHER AS WELL AS NEXT FRIEND, BHAGYALEKSHMI L., AGED 47 YEARS, W/O. GOPAKUMAR, SRIHARI(H), TENRA-114, THEVALLY P.O, KOLLAM, KERALA, 691009), PIN – 691009 BY ADV GOUTHAM KRISHNA U.B.

RESPONDENTS:

1 STATE OF KERALA REPRESENTED BY SECRETARY TO GOVERNMENT, DEPARTMENT OF GENERAL EDUCATION, SECRETARIAT, THIRUVANANTHAPURAM, PIN – 695001

2 THE DIRECTOR OF GENERAL EDUCATION JAGATHI, THIRUVANANTHAPURAM, PIN – 695014

3 DISTRICT EDUCATIONAL OFFICER/CHAIRMAN, APPEAL COMMITTEE, KOLLAM REVENUE SUB-DISTRICT SCHOOL (KUNDARA UPAJILLA) KALOLSAVOM, 2023-24 CIVIL STATION, KOLLAM, PIN – 691003

4 GENERAL CONVENOR, KOLLAM DISTRICT SCHOOL KALOLSAVAM 2023-24, OFFICE OF DEPUTY DIRECTOR OF EDUCATION, KOLLAM - ELAMBALLOOR RD, THEVALLY, KOLLAM, PIN - 691009 SRI. SUNIL K.KURIAKOSE, GP THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 27.11.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

JUDGMENT The petitioner participated in the ‘Keralanatanam’ event in the ‘Kollam Revenue Sub District School Kalolsavam’, but was awarded only second place, thus being incapacitated to move to the next level. She says that, she, therefore, preferred a Statutory Appeal against the result; which, however, culminated in Ext.P2 order rejecting the same, merely saying that her contentions are not proper. She, therefore, prays that Ext.P2 be set aside and she be allowed to participate in the ‘Revenue District Kalolsavam’.

2. Noticing the afore submissions of the learned counsel for the petitioner as voiced by her learned counsel – Sri.Goutham Krishna B., this Court had passed an interim order on 22.11.2023 in the following manner:

The learned Government Pleader appears for respondents.

I order that the petitioner be permitted to participate in the Kollam District School Kalolsavam provisionally. If the petitioner is deserving of any of the first three places, same shall be declared only after obtaining orders from this Court.

3. Today, Sri.Sunil Kumar Kuriakose - learned Government Pleader, submitted that the petitioner has participated in the District Level Kalolsavam and obtained second place. He, however, submitted that this would be of no avail to the petitioner because, the law has been well settled by a judgment of this Court in Devna Sumesh v. State of Kerala [2022 KHC Online 8081], that once the Appellate order has been issued, the petitioner would not obtain any right, either in law or in indulgence.

4. I am afraid that I cannot find favour with the afore submissions of the learned Government Pleader because, in Ext.P2, the Appellate Authority has merely said that the petitioner’s contentions are not genuine. However, no reasons have been cited therein to conclude so; and obviously, therefore, this Court cannot find favour with the same.

5. That apart, it is now evident that the petitioner stands vindicated because, she and her team obtained second place in the ‘District Level School Kalolsavam’.

In the afore circumstances and since this Court cannot find favour with Ext.P2, I allow this Writ Petition and confirm the afore interim order; however, clarifying that all benefits to the petitioner, pursuant to her Second Place in the District Level Kalolsavam shall inure to her, without any impediment.

Sd/-

RR DEVAN RAMACHANDRAN JUDGE APPENDIX OF WP(C) 39002/2023 PETITIONER EXHIBITS Exhibit P1 A TRUE COPY OF THE RESULTS PUBLISHED FOR "KERALA NADANAM" IN H.S. GENERAL CATEGORY AT THE KOLLAM REVENUE SUB-DISTRICT (KUNDARA SUB-DIVISION) SCHOOL KALOLSAVOM, 2023-24 Exhibit P2 A TRUE COPY OF THE ORDER NO. A.1/1787/2023 PASSED BY THE 3RD RESPONDENT DATED

15/11/2023 REJECTING THE APPEAL PREFERRED BY THE PETITIONER Exhibit P3 A TRUE COPY OF THE MERIT CERTIFICATE AWARDING