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Justice Anu Sivaraman of the Kerala HC dismissed a writ petition where the petitioner wanted the court to direct the school to allow her to participate at a fest.
The Sate Kalotsav organized for CBSE schools had a manual which read that anybody securing a district level first and a second was eligible to participate for the Kalostsav. The petitioner had secured an ‘A’ grade and a second prize in a district level competition. However, according to the petitioner, her school allowed only the firsts to attend the fest while she was barred in the waiting list. Thye petitioner said that this conduct severely went against the rules and guidelines laid down in the Manual of the State Kalotsav. The respondent on the other hand argued that Kalotsav was entirely organized by the Confederation of Sahodhaya Schools and that CBSE had no role to play in the actual conduct of the Kalotsav committee.
The issue was dealt with under Article 226 of the Indian Constitution. The Kerala HC after a brief contemplation said that when it came to the participation of students in a school level event like the Kalotsav in question, the Court was not liable to consider using the extraordinary power it was vested with under the provisions of Article 226 of the Indian Constitution. The Court also iterated that the Manual in question did not serve as a proper requisite for a petition to be based on. The Manual served only as a guideline decided upon by the Kalotsav Committee. Even if the manual is not obeyed, it does not mean that a writ can enforce the same. The Court reminded that Manual was not a binding statutory guideline for which the petitioner could move the Court complaining against the violation of the same. The Court held that this matter did not entitle any interference from the judicial viewpoint.
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