HELEN V.B v. STATE OF KERALA

SMT. VIDYA KURIAKOSE, GP THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON

09.01.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO. 42777 OF 2023 -2- JUDGMENT The petitioner says that she and her team participated in an event in the ‘District School Kalolsavam’, but were not awarded the First Rank; thus denying them the opportunity of moving to the next level, namely the ‘State Kalolsavam’, which has now been completed.

2. The petitioner asserts that the results of the ‘District Level Kalolsavam’ were egregiously improper and therefore, that she preferred an Appeal before the Statutory Appellate Committee, as is provided under the Manual relating to the ‘Revenue District Kalolsavam’; but that the said Committee has rejected it, through the impugned order, without citing tenable reasons, but on hyper technical grounds.

3. The petitioner, therefore, prays that the impugned order be set aside and that she and WP(C) NO. 42777 OF 2023 -3- her team be allowed to participate in the ‘Kerala State School Kalolsavam’.

4. Hearing the learned counsel for the petitioner in this case, at the time when this matter was considered for admission and adverting to the allegations and assertions made and contentions impelled, this Court passed an interim order, allowing the petitioner and her team to participate in the ‘State Kalolsavam’, however, clarifying that it will only be provisional. It was also made clear in the said order that, if the petitioner and her team are to obtain Rank Nos.1, 2 or 3, same shall be declared only after obtaining orders from this Court.

5. The ‘State School Kalolsavam’ was completed on 08.01.2024 and this Court is now told that the petitioner and her team have not obtained any of the first three ranks; and that WP(C) NO. 42777 OF 2023 -4- all results have been declared, with the Kannur District being adjudged the Cup Winner.

6. Obviously, therefore, all which now remains is to consider whether the petitioner and her team are entitled to the benefit of any grace marks that they may obtain through their performance, pursuant to the interim order of this Court.

7. Though, as I have already said above, the interim order clearly provided that the performance of the petitioner and her team would be provisional, I am of the view that since they have performed, any resultant benefit that can inure to them, ought not to be denied. This is because, the best that the petitioner and her team would obtain is only grace marks, depending upon whether they have obtained ‘A Grade’ or otherwise; and I do not think that it will be justified for this Court to deny that to the WP(C) NO. 42777 OF 2023 -5- contestants, solely for the reason that their Appeal had been dismissed at the ‘Revenue District School Kalolsavam’ level. The interim order by this Court was issued after due thought and finding a prima facie case in favour of the petitioner and her team; but since they have not been able to obtain the first of the three ranks, I am of the firm view that it would not be necessary for this Court to enter into the merits of any other rival contentions.

8. Obviously, therefore, all which this Court has to now do is to confirm the interim order, so that the petitioner and her team would obtain all collateral benefits entitled, based on their performance in the ‘State Level Kalolsavam’. In the afore circumstances, this Writ Petition is disposed of, confirming the interim order granted by this Court earlier and WP(C) NO. 42777 OF 2023 -6- directing the Authorities to grant all benefits that may be entitled to the petitioner and her team, if any, based on their performance, as per law. Sd/- DEVAN RAMACHANDRAN JUDGE WP(C) NO. 42777 OF 2023 -7- APPENDIX OF WP(C) 42777/2023 PETITIONER EXHIBITS EXHIBIT P1 EXHIBIT P2 EXHIBIT P2(A) EXHIBIT P2(B) EXHIBIT P2(C) EXHIBIT P2(D) TRUE COPY OF THE PARTICIPATION CARD OF THE PETITIONER, REGISTRATION NO.32374 WITH RESPECT TO KERALA SCHOOL KALOLSAVAM 2023-2024, ERNAKULAM DISTRICT, MKM HSS PIRAVOM TRUE COPY OF THE PARTICIPATION CARD OF ONE OF THE TEAM MEMBERS OF PETITIONER NAMELY ANDRIA MERIN SIJO, REGISTRATION NO.32377 WITH RESPECT TO KERALA SCHOOL KALOLSAVAM 2023-2024, ERNAKULAM DISTRICT, MKM HSS PIRAVOM TRUE COPY OF THE PARTICIPATION CARD OF ONE OF THE TEAM MEMBERS OF PETITIONER NAMELY BHUMITHA GEORGE, REGISTRATION NO.32373 WITH RESPECT TO KERALA SCHOOL KALOLSAVAM 2023-2024, ERNAKULAM DISTRICT, MKM HSS PIRAVOM TRUE COPY OF THE PARTICIPATION CARD OF ONE OF THE TEAM MEMBERS OF PETITIONER NAMELY VEDA ANIL, REGISTRATION NO.32369 WITH RESPECT TO KERALA SCHOOL KALOLSAVAM 2023-2024, ERNAKULAM DISTRICT, MKM HSS PIRAVOM TRUE COPY OF THE PARTICIPATION CARD OF ONE OF THE TEAM MEMBERS OF PETITIONER NAMELY ANJALINA JOHN, REGISTRATION NO.31904 WITH RESPECT TO KERALA SCHOOL KALOLSAVAM 2023-2024, ERNAKULAM DISTRICT, MKM HSS PIRAVOM TRUE COPY OF THE PARTICIPATION CARD OF ONE OF THE TEAM MEMBERS OF PETITIONER NAMELY JWALA ANNA SABU, REGISTRATION NO.31903 WITH RESPECT TO KERALA SCHOOL KALOLSAVAM 2023-2024, ERNAKULAM WP(C) NO. 42777 OF 2023 -8- EXHIBIT P2(E) EXHIBIT P2(F) EXHIBIT P2(G) EXHIBIT P2(H) EXHIBIT P3 EXHIBIT P4 EXHIBIT P5 DISTRICT, MKM HSS PIRAVOM TRUE COPY OF THE PARTICIPATION CARD OF ONE OF THE TEAM MEMBERS OF PETITIONER NAMELY ABHIRAMI.B., REGISTRATION NO.32370 WITH RESPECT TO KERALA SCHOOL KALOLSAVAM 2023-2024, ERNAKULAM DISTRICT, MKM HSS PIRAVOM TRUE COPY OF THE PARTICIPATION CARD OF ONE OF THE TEAM MEMBERS OF PETITIONER NAMELY ANUGRAHA ANIL, REGISTRATION NO.32372 WITH RESPECT TO KERALA SCHOOL KALOLSAVAM 2023-2024, ERNAKULAM DISTRICT, MKM HSS PIRAVOM TRUE COPY OF THE PARTICIPATION CARD OF ONE OF THE TEAM MEMBERS OF PETITIONER NAMELY ANNA ELDHOSE, REGISTRATION NO.31970 WITH RESPECT TO KERALA SCHOOL KALOLSAVAM 2023-2024, ERNAKULAM DISTRICT, MKM HSS PIRAVOM TRUE COPY OF THE PARTICIPATION CARD OF ONE OF THE TEAM MEMBERS OF PETITIONER NAMELY GREESHMA GIREESH, REGISTRATION NO.32375 WITH RESPECT TO KERALA SCHOOL KALOLSAVAM 2023-2024, ERNAKULAM DISTRICT, MKM HSS PIRAVOM TRUE COPY OF THE RESULT OF THIRUVATHIRA OF HSS GENERAL WITH ITEM CODE 978 IN THE DISTRICT KALOLSAVAM ERNAKULAM TRUE COPY OF THE E-MAIL COMMUNICATION DATED 07.12.2023 TO PETITIONER'S SCHOOL FROM A.E.O., MUVATTUPUZHA TRUE COPY OF THE ARGUMENT NOTE FILED BY PETITIONER BEFORE APPELLATE COMMITTEE DATED NIL WP(C) NO. 42777 OF 2023 -9- EXHIBIT P6 EXHIBIT P7 TRUE COPY OF THE RULES OF THIRUVATHIRA EVENT TRUE COPY OF THE ORDER NO.F1/7258/2023 H.S.S. DATED 12.12.2023 (41) ISSUED BY THE 4TH RESPONDENT EXHIBIT P8 TRUE COPY OF THE SCHEDULE FOR STATE LEVEL SCHOOL KALOLSAVAM