BY AD vs T.T.MUHAMOOD

STATE OF KERALA REP. BY SECRETARY TO GOVERNMENT GENERAL EDUCATION DEPARTMENT GOVERNMENT SECRETARIAT THIRUVANANTHAPURAM, PIN - 695001 DIRECTOR OF GENERAL EDUCATION DIRECTORATE OF GENERAL EDUCATION JAGATHY, THIRUVANANTHAPURAM, PIN - 695014 GENERAL CONVENER (ADDITIONAL DIRECTOR OF GENERAL EDUCATION (GENERAL)) KERALA SCHOOL KALOTSAVAM 2023-24 PROGRAMME COMMITTEE OFFICE, OFFICE OF THE DEPUTY DIRECTOR OF EDUCATION, KOLLAM, PIN - 691009 CONVENER PROGRAMME COMMITTEE KERALA SCHOOL KALOTSAVAM 2023-24 OFFICE OF THE DEPUTY DIRECTOR OF EDUCATION, KOLLAM, PIN - 691009 CHAIRMAN APPEAL COMMITTEE & DEPUTY DIRECTOR OF EDUCATION OFFICE OF THE DEPUTY DIRECTOR OF EDUCATION ERNAKULAM, PIN - 682030 SRI SUNIL K KURIAKOSE-GP THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON

08.01.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO. 42954 OF 2023 2 JUDGMENT The petitioner has approached this Court seeking permission to participate in the ‘Kerala State School Kalolsavam 2023-24’.

2. The specific allegation of the petitioner is that she and her team performed commendably in the District Level of the ‘Kalolsvam’, but was denied First Prize unfairly; thus being robbed up the opportunity to move the next level, namely the ‘State Level Kalolsavam’. She says that a Statutory Appeal was filed against the results of her team’s performance at the District Level; but which has culminated in the impugned order, rejecting it without citing any proper reasons. She asserts that, even though the Statutory Scheme requires that every contention of the candidate be properly assessed, including through a video evaluation of the performance, this has not been done – though so stated in Ext.P2; and hence that she has been constrained to approach this Court through this Writ Petition.

3. Noticing the afore submissions of the petitioner, this Court had passed the following interim order on 03.01.2024. “The learned Government Pleader appears for the respondents. Adverting to the fact that the difference of marks between the petitioner’s team and the first rank holder is only one, I deem it appropriate to grant an interim order in this case. I thus order that the petitioner and her team be permitted to participate in the ‘Kerala WP(C) NO. 42954 OF 2023 3 School Kalolsavam 2023-24’, provisionally. If the petitioner’s team is awarded any of the first three places, same shall be declared only after obtaining orders from this Court. Post on 10.01.2024.”

4. Today, the learned Government Pleader – Sri.Sunil Kumar Kuriakose, conceded that the petitioner has been awarded the 2nd Rank, with A Grade, but argued that, nevertheless, this Writ Petition cannot be allowed, because the Appellate order in the District Level has been issued validly. He relied upon the judgment in Devna Sumesh v. State of Kerala [2022 KHC OnLine 8081], to contend that once the Appeal is disposed of, the petitioner would not obtain any further right – either in law or in equity; and that the impugned order would clearly establish that every contention of the petitioner had been properly considered.

5. I am afraid that I cannot find the afore submissions of the learned Government Pleader to be worthy, particularly when it is conceded that the petitioner has obtained 2nd Rank/A Grade. It is, therefore, luculent that the petitioner had performed well and obtained the said rank.

6. Further, the impugned Appellate order merely says that all objections of the petitioner had been properly evaluated, but specific reasons are not available. WP(C) NO. 42954 OF 2023 4 In the afore circumstances, I allow this Writ Petition and set aside Ext.P2; thus confirming the interim order dated 03.01.2024 clarifying that the petitioner and her team will be granted all benefits consequent to their performance in the ‘State Level Kalolsavam 2023-24’, as per law. As a necessary corollary to the above, the results of the event shall be published by the organizers forthwith. Sd/- DEVAN RAMACHANDRAN JUDGE MC/11.1 WP(C) NO. 42954 OF 2023 5 APPENDIX OF WP(C) 42954/2023 PETITIONER EXHIBITS Exhibit P1 Exhibit P2 Exhibit P3 Exhibit P3(a) Exhibit P3(b) Exhibit P3(c) Exhibit P3(d) Exhibit P3(e) Exhibit P3(f) TRUE COPY OF THE RECEIPT ISSUED FOR AND BEHALF OF THE 5TH RESPONDENT , SHOWING THE RECEIPT OF FEE OF RS. 2000 DATED 22- 11-2023 TRUE COPY OF THE ORDER NO. F1/7258/2023/HSS (40) DATED 12-12-2023 ISSUED BY THE 5TH RESPONDENT TRUE COPY OF THE CERTIFICATE AWARDED TO ANNA CARMEL P. J. ON 06-01-2023, ONE OF THE STUDENT FROM ST. ANTONY'S HSS, KACHERIPPADI SHOWING THE "A" GRADE IN THIRUVATHIRA' (GIRLS) HSS GENERAL IN THE 61ST KERALA SCHOOL KALOLSAVAM 2022-23 TRUE COPY OF THE CERTIFICATE AWARDED TO GRACE MARIA ON 06-01-2023, ONE OF THE STUDENT FROM ST. ANTONY'S HSS, KACHERIPPADI SHOWING THE "A" GRADE IN THIRUVATHIRA' (GIRLS) HSS GENERAL IN THE 61ST KERALA SCHOOL KALOLSAVAM 2022-23 TRUE COPY OF THE CERTIFICATE AWARDED TO DEVIKA G. KURUP ON 06-01-2023, ONE OF THE STUDENT FROM ST. ANTONY'S HSS, KACHERIPPADI SHOWING THE "A" GRADE IN THIRUVATHIRA' (GIRLS) HSS GENERAL IN THE 61ST KERALA SCHOOL KALOLSAVAM 2022-23 TRUE COPY OF THE CERTIFICATE AWARDED TO NIMITHA THOMAS ON 06-01-2023, ONE OF THE STUDENT FROM ST. ANTONY'S HSS, KACHERIPPADI SHOWING THE "A" GRADE IN THIRUVATHIRA' (GIRLS) HSS GENERAL IN THE 61ST KERALA SCHOOL KALOLSAVAM 2022-23 TRUE COPY OF THE CERTIFICATE AWARDED TO KEERTHANA T. R. ON 06-01-2023, ONE OF THE STUDENT FROM ST. ANTONY'S HSS, KACHERIPPADI SHOWING THE "A" GRADE IN THIRUVATHIRA' (GIRLS) HSS GENERAL IN THE 61ST KERALA SCHOOL KALOLSAVAM 2022-23 TRUE COPY OF THE CERTIFICATE AWARDED TO AVERIN JOHN ROSE ON 06-01-2023, ONE OF THE STUDENT FROM ST. ANTONY'S HSS, KACHERIPPADI SHOWING THE "A" GRADE IN THIRUVATHIRA' (GIRLS) HSS GENERAL IN THE 61ST KERALA SCHOOL KALOLSAVAM 2022-23 TRUE COPY OF THE CERTIFICATE AWARDED TO APARNA KISHORE ON 06-01-2023, ONE OF THE WP(C) NO. 42954 OF 2023 6 Exhibit P3(g) STUDENT FROM ST. ANTONY'S HSS, KACHERIPPADI SHOWING THE "A" GRADE IN THIRUVATHIRA' (GIRLS) HSS GENERAL IN THE 61ST KERALA SCHOOL KALOLSAVAM 2022-23 TRUE COPY OF THE CERTIFICATE AWARDED TO REEWA SUNIL ON 06-01-2023, ONE OF THE STUDENT FROM ST. ANTONY'S HSS, KACHERIPPADI SHOWING THE "A" GRADE IN THIRUVATHIRA' (GIRLS) HSS GENERAL IN THE 61ST KERALA SCHOOL KALOLSAVAM 2022-23