Research › Search › Judgment

Kerala High Court · body

2014 DIGILAW 153 (KER)

Muhammed Harris v. State of Kerala

2014-02-19

P.N.RAVINDRAN

body2014
JUDGMENT : The petitioner, a student of St.John Baptist C.S.I. English Medium High School, Aluva was a member of the school team which participated in Arabanamuttu in Ernakulam District Katolsavam 2013-14 and won the first place with "A Grade". The petitioner's team was therefore eligible to participate in the 54th Kerala State School Kalolsavam. After the District Youth Festival was held one of the team members, Master Ameen Akthar. M.A, was incapacitated following a surgery at Lourdes Hospital, Ernakulam. The Headmaster of the School thereupon sent Ext.P2 letter dated 17 1.2014 to the Deputy Director of Education for permission to introduce a substitute (Master C.S. Nebil) in the team. Master Ameen Akthar. M.A had also submitted Ext.P3 representation pointing out that on account of surgery he is not able to participate in the State Level Kalolsavam and therefore he has no objection in a substitute being taken in his place. Later the petitioner and the other team members jointly submitted Ext.P4 representation to the Deputy Director of Education wherein they prayed that they may be permitted to participate in the State School Kalolsavam. The instant writ petition was filed on 20.1.2314 when no action was taken on the aforesaid request. The only relief sought in this writ petition is for an order directing the respondents to allow the petitioner and his team to participate in the 54th Kerala State School Kalolsavam. 2. When the instant writ petition came up for admission hearing before this Court on 20.1.2014, this Court passed an interim order as prayed for, thereby allowing the petitioner and his team members to participate in the 54th Kerala State School Kalolsavam. It was however observed that such participation will be provisional and subject to the result of the writ petition. Consequently the Additional Director of Public Instructions issued Ext.P5 proceedings dated 22.1.2014 allowing the petitioner's team to provisionally participate in the 54th Kerala State School kalosavam which was held at Palakkad by including Master C.S. Nebil in the place of Master Ameen Akthar.M.A. The only subsisting grievance which the petitioner now has is that though his team was allowed to participate, the result has been withheld notwithstanding the fact that his term had won "A Grade". 3. 3. When the writ petition came up for hearing today, Sri.Manoj P.Kunnjachan, learned Government Pleader submitted that it was because of the observation made by this Court in the interim order that the petitioner's participation will be provisional and subject to the result of the writ petition that the result of the petitioner's team has been withheld. It is evident from Ext.P2 letter sent by the Headmaster of the School that one of the participants of the team, which had won first place with "A Grade", had fall ill and had to undergo surgery. As a result thereof it became necessary to introduce a substitute in the place of the said student. No provision in the manual governing the conduct of the State Youth Festival which prohibits such substitution was brought to be introduced. Such being the situation as it was due to reasons beyond the control of petitioner and the other team members that a substitute had to be introduced in the place of one who had fallen ill and had undergone surgery, I am of the opinion that the participation of the petitioner's team should be treated as regular for al purposes and the result announced. I accordingly dispose of the writ petition with a direction to the respondents to declare the result in respect of the event Arabanamuttu in so far it relates to the petitioner forthwith. It is however clarified that only those team members who had participated in the State Level School Youth Festival will be entitled to the benefit of grace marks. In other words the benefit will go to the substitute and not to the original member of the team.