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2023 Supreme(Online)(KER) 32226

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR & THE HONOURABLE MR. JUSTICE SHAJI P.CHALY THURSDAY, THE 5 TH DAY OF JANUARY 2023 / 15TH POUSHA, 1944 WA NO. 22 OF 2023

AGAINST THE JUDGMENT WP(C) 41767/2022 OF HIGH COURT OF KERALA APPELLANT/: NIRANJANA S AGED 13 YEARS, D/O SARITHA KUMARI, REPRESENTED BY HER MOTHER, SARITHA KUMARI, AGED 37 YEARS, W/O SUNIL KUMAR.M., T.C.72/706 (1), THEKKE MAMBHAZHA VEEDU, SREE VARAHAM, MANACAUD (P.O.),THIRUVANANTHAPURAM, PIN – 695 009.

BY ADVS.VISHNU BHUVANENDRAN B.ANUSREE RESHMA UNNIKRISHNAN RESPONDENTS: 1 THE DIRECTOR OF GENERAL EDUCATION O/O THE DIRECTOR OF GENERAL EDUCATION, JAGATHY, THIRUVANANTHAPURAM., PIN – 695 014. 2

KALOLSAVAM COMMITTEE CONVENER ADDITIONAL DIRECTOR OF GENERAL EDUCATION, O/O THE ADDITIONAL DIRECTOR OF GENERAL EDUCATION, JAGATHY, THIRUVANANTHAPURAM., PIN – 695 014.

DISTRICT EDUCATION OFFICER O/O THE DISTRICT EDUCATION OFFICER, STATUE, PALAYAM, THIRUVANANTHAPURAM, PIN – 695 001.

CHAIRMAN APPEAL COMMITTEE,DEPUTY DIRECTOR OF EDUCATION, O/O THE DEPUTY DIRECTOR OF EDUCATION.

THIRUVANANTHAPURAM, PIN – 695 036.

K.P. HARISH, SR GP THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 05.01.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

JUDGMENT

Dated this the 5 th day of January, 2023 Shaji P. Chaly, J. This is an appeal filed by the writ petitioner in W.P.

(C)No.41767 of 2022, challenging the judgment of the learned Single Judge dated 21.12.2022, whereby, the following reliefs sought for by the appellant were declined.

“ (i) That a writ of certiorari or any other appropriate writ, order or direction, quashing Ext.P1 order and allow the appeal filed by the petitioner before the 4 th respondent;

(ii) that a writ of mandamus or other writ, order or direction be passed, directing the respondents 1 to 3 to permit the petitioner to participate in the state level School Kalolsavam in the event “sanga nritham/group dance” in the “High School” category scheduled on

03.01.2023;

(iii) Considering the exigencies and necessity for urgent consideration of the grievance voiced in this Writ Petition, production of English translations of documents in vernacular, may kindly be dispensed with for the time being. ”

2. The appellant and her team participated in the cultural event group dance in the high school category from Government Vocational and Higher Secondary School for Girls, Manacaud, Thiruvananthapuram South at the District level.

The case of the appellant is that the said event took place on

25.11.2022, stage-I of the school auditorium of the Government Higher Secondary School, Cotton Hill, Vazhuthacaud, Thiruvananthapuram. Though the event was scheduled on 24.11.2022 at 3.45 pm, the appellant and her team had to wait till the next day 3.45 am, for their performance. Therefore, according to the appellant since the appellant and her team had to wait for such a long time with their makeup and their dance attire to perform, the entire team was famished. It is also submitted that the team members could not even take food. It was also contended that space of the stage was very less and hence, the team could not use all the properties needed for the dance. It is further submitted that at the time when the appellant and her team performed, a commotion took place in front of the stage at the behest of some of the senior students, which interfered with the performance of the appellant and her team.

3. It was also contended that since the appellant and her team bagged the first place in the sub-district level with the same dance performance, if there was a conducive atmosphere, the team could have performed better. There was every chance for being selected for the State School Youth Festival, was the contention.

4. Whatever that be, it is admitted that the State School Youth Festival has already started and the group dance event is scheduled to 3 pm on 06.01.2023.

5. Anyhow, being aggrieved by the above issues an appeal was preferred by the appellant before the appeal committee constituted as per the Manual made for the purpose. The appeal committee, after considering the submissions made by the appellant, has passed Exhibit P1 order; translated version of the same reads thus:

“ The details of the complaint of participants

On 24-11-2022 at 3 P.M. the children were made to sing in the morning for the time of group dance. The children were able to play the stage on 25-11-2022 at 3.45 a.m. because of this the children were very tired. They could not even eat because of makeup.

The main stage where the group dance took place had not enough space for children to even play. Due to space constraints the properties could not be used. The space constraints affected the dance. This dance won 1 st prize in the Sub District. Even their quarters of space in the Sub District stage was not in the district stage for playing group dance.

At the time of stage of start of the competition due to arguments and conflicts of students of HSS Group Dance, in an out of auditorium affected the perfor

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