Najma Fahiza M.N vs Director Of General Education

C. Jayachandran, J

The petitioner had participated in the event of ‘Oppana’ in the School Kalolsavam 2024-2025 and obtained third rank, with A-Grade. The specific allegation levelled is that one among the mike which is allotted to the team was not steady and was continuously falling, causing serious hardship and difficulty to the singers of the Oppana team. It was pointed out that Oppana is an event, where 3 among the members would sing and remaining 7 would dance according to the rhythm of the song. Inasmuch as the singing was seriously jeopardized because of the defect with respect to the mike, the performance was affected, is the contention raised. Immediately after the event, Ext.P2 appeal was preferred, specifically raising the issue with respect to the mike and its falling down. However, Ext.P3 order of the appeal committee does not refer anything at all to that allegation, is the argument raised.

These submissions were seriously opposed by the learned Government Pleader.

A perusal of Ext.P3 would indicate that there is no reference, whatsoever, with respect to the falling of the mike, except at the place where the grievance of the participant is recorded. The appellate committee has not considered this particular grievance and has not arrived at any factual finding, either that the mike was not falling as alleged, or that the problem was fixed otherwise before the performance of the event. Needless to say, that a mike which would fall during the course of event would seriously interfere with the concentration and the confidence of the candidates performing the item. The falling of the mike is to some extent visible from Ext.P1 photograph also. Inasmuch as, the event is one where there is considerable significance on the singing component, this Court finds that there is merit in this writ petition and the same has to be allowed.

Accordingly,  this  writ  petition  is  allowed  and  the petitioner’s team is also permitted to participate in the State Kalolsavam, so as to enable a contest with other successful candidates.

The writ petition is allowed as above.