Student Participating In Sub-District Level Competition On Strength Of Appellate Order Entitled To Add Points To School’s Tally: Kerala HC

As per the applicable rules and regulations, the points secured by a student are always added to that of the school, and the one which garners highest points is given the overall trophy.

While refusing to accept the State’s submissions, a bench of Justice Devan Ramachandran noted, “…his contention appears to be that, when there is no provision for the marks of a child - obtained consequent to her/his participation in an event after obtaining an appellate order to be added to that of the school, it cannot be done. However, the real question is not this at all; but whether there is any inhibiting factor which will deny the benefit sought for by the petitioner. The learned Government Pleader very pertinently, conceded that there is no such Rule which denies the addition of points obtained by a child, consequent to his/her participation in an event resultant to an appellate order; and am, therefore, of the firm view that the petitioner is now entitled to be granted relief”.

Advocate R.T. Pradeep appeared for the petitioner and GP Sunil K Kuriakose appeared for the respondent.

The petitioner herein was a Parent - Teacher Association of the school seeking the points received by a student-respondent no. 3 of the said school in Nadodinrutham (Kerala Folk Dance), in the Sub District Competition at Karunagappally, be allowed to be added to the total tally of the school.

It was contended that even though the student obtained ‘B grade’ with three points, in the event, the same was refused to be added to that of the school, on the ground that she participated on the strength of an order in appeal. Therefore, it was argued that it made no difference whether a student participates on the strength of an appeal or otherwise, because the regulations did not create any such differentiation.

It was further put forth that in case of State Competitions, there are regulations clarifying that the points of a student participating through an appellate order, would only be entitled personally, and will not be added to the school tally. However, there is no such restriction in the Sub District level competitions.

The respondents vehemently opposed the plea stating that since the Rules do not provide that a student who participated in the Sub District level on the strength of appellate order is entitled to have his or her marks reckoned with that of the school.

However, the bench refused to accept the contention since there did not exist any regulation to restrict on such ground. “…This is more so because, had there been any such inhibition, it would have certainly been included in the Regulations covering the field, as has been done in the case of Ext.P2 - which relates to the State level competition. If the Authorities had required that such a stipulation ought to apply to the Sub District level competitions also, I wonder why such a specific Regulation or Rule has not been drafted or included”, it observed.

The bench, thus, while allowing the petition, directed the competent authorities to add the points obtained by the student to that of the school, at the earliest, but before the overall championship is announced.

Cause Title: Parents Teachers Association, Thazhava A V Government High School v. Secretary To Government General Education Department [Neutral Citation: 2023/KER/69559]