LIYA ROSE GEORGE v. State of Kerala and Others

# `IN THE HIGH COURT OF KERALA AT ERNAKULAM` ## `PRESENT` ``` THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN MONDAY, THE 8[TH] DAY OF JANUARY 2024 / 18TH POUSHA, 1945 ``` ``` WP(C) NO. 42407 OF 2023 ``` ## `PETITIONER:` ``` LIYA ROSE GEORGE, (MINOR), AGED 15 YEARS, D/O. GEORGE, 10TH STANDARD STUDENT AT MOUNT CARMEL HSS FOR GIRLS (33025), KANJIKKUZHI, MUTTAMBALAM P. O., KOTTAYAM -686004. REPRESENTED BY THE PETITIONER'S FATHER AND GUARDIAN SRI. GEORGE JOSEPH, AGED 60 YEARS S/O. K V JOSEPH, KIZHAKKEKUTTU, P.O. PUTHUPALLY, KOTTAYAM, PIN – 686012. ``` ``` BY ADVS. T.T.MUHAMOOD A.RENJIT NAZEER HUZAIN.H GOKUL R.NAIR NIKHILA.P RIYA MERIN BENCYKUTTY ``` ## `RESPONDENTS:` ``` 1STATE OF KERALA, REP. BY SECRETARY TO GOVERNMENT GENERAL EDUCATION DEPARTMENT GOVERNMENT SECRETARIAT THIRUVANANTHAPURAM, PIN – 695001. ``` ``` 2DIRECTOR OF GENERAL EDUCATION, DIRECTORATE OF GENERAL EDUCATION, JAGATHY, THIRUVANANTHAPURAM, PIN – 695014. ``` ``` 3GENERAL 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. ``` ``` 4CONVENER, PROGRAMME COMMITTEE KERALA SCHOOL KALOTSAVAM 2023-24 OFFICE OF THE DEPUTY DIRECTOR OF EDUCATION, KOLLAM, PIN – 691009. ``` ``` WP(C) NO. 42407 OF 2023 ``` **==> picture [22 x 9] intentionally omitted <==** ``` 5CHAIRMAN APPEAL COMMITTEE & DEPUTY DIRECTOR OF EDUCATION OFFICE OF THE DEPUTY DIRECTOR OF EDUCATION KOTTAYAM, PIN – 686001. ``` ``` BY ADV.SMT.VIDYA 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. 42407 OF 2023 ``` ``` -3- ``` ## `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 ``` ``` WP(C) NO. 42407 OF 2023 ``` ``` -4- ``` ``` done – though so stated in Ext.P1; 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. ``` ``` I order that the petitioner and her team be permitted to participate in the Kerala School Kalolsavam, 2023,24, provisionally. ``` ``` If the petitioner and her team are awarded any of the first three places, same shall be declared only after obtaining orders from this Court. List on 10.01.2024.” ``` ``` 4.Today, the learned Government Pleader – ``` ``` Smt.VidyaKuriakose,concededthatthe ``` ``` petitioner’s team has been awarded 3rd Rank, with A Grade; but argued that, nevertheless, this Writ Petition cannot be allowed, because the ``` ``` WP(C) NO. 42407 OF 2023 ``` ``` -5- ``` ``` Appellate order in the District Level has been issued validly. She 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’s team has obtained 3rd Rank/A Grade. It is, therefore, luculent that they 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. 42407 OF 2023 ``` ``` -6- ``` ``` In the afore circumstances, I allow this ``` ``` Writ Petition and set aside Ext.P1; 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 ``` ``` akv ``` ``` WP(C) NO. 42407 OF 2023 ``` ``` -7- ``` ## `APPENDIX OF WP(C) 42407/2023` ## `PETITIONER EXHIBITS` - `EXHIBIT P1 TRUE COPY OF THE ORDER NO. C3/6225(15) /2023 DATED 27-11-2023 ISSUED BY THE 4TH RESPONDENT` - `EXHIBIT P2 TRUE COPY OF THE CERTIFICATE AWARDED TO KAJOL MARY POULOSE ON 25-01-2016, ONE OF THE STUDENT FROM MOUNT CARMEL SCHOOL SHOWING THE "A" GRADE IN CHAVITTU NADAKAM IN THE 56TH KERALA SCHOOL KALOLSAVAM 2015-16` - `EXHIBIT P2(A) TRUE COPY OF THE CERTIFICATE AWARDED TO MALAVIKA PRASAD ON 22-01-2017, ONE OF THE STUDENT FROM MOUNT CARMEL SCHOOL, KOTTAYAM SHOWING THE "A" GRADE IN CHAVITTU NADAKAM IN THE 57TH KERALA SCHOOL KALOLSAVAM 2016-17` - `EXHIBIT P2(B) TRUE COPY OF THE CERTIFICATE AWARDED TO HAYES V BYJU ON 10-01-2018, ONE OF THE STUDENTS SHOWING THE "A" GRADE IN CHAVITTU NADAKAM IN THE 58TH KERALA SCHOOL KALOLSAVAM 2017-18` - `EXHIBIT P2(C) TRUE COPY OF THE CERTIFICATE AWARDED TO ELEZEBETH THOMAS ON 09-12-2018, ONE OF THE STUDENTS SHOWING THE "A" GRADE IN CHAVITTU NADAKAM IN THE 59TH KERALA SCHOOL KALOLSAVAM 2018-19` - `EXHIBIT P2(D) TRUE COPY OF THE CERTIFICATE AWARDED TO PARVATHY PANICKAR ON 01-12-2019, ONE OF THE STUDENTS SHOWING THE "A" GRADE IN CHAVITTU NADAKAM IN THE 60TH KERALA SCHOOL KALOLSAVAM 2019-20` - `EXHIBIT P2(E)` - `TRUE COPY OF THE CERTIFICATE AWARDED TO THE PETITIONER ON 06-01-2023` ``` WP(C) NO. 42407 OF 2023 ``` **==> picture [22 x 9] intentionally omitted <==** ``` SHOWING THE "A" GRADE IN CHAVITTU NADAKAM IN THE 61ST KERALA SCHOOL KALOLSAVAM 2022-23 ```