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BEFORE THE HONOURABLE KERALA LOK AYUKTA, THIRUVANANTHAPURAM

COMPLAINT NO._________________OF 2011

BETWEEN:
1. Vishnu Vipin, S/o. Vipinachandran Nair KA, Konnanattu House, Chengamanadu .P.O., Aluva Taluk, Ernakulam Dist, Student of XII standard Govt.H.S.S. Mokkannoor-683577 and team Represented by his father Vipinachandran Nair KA 2. Vishnu S.V. C/o. Vinitha S.V Sourikal House, Cheriyavappalassery Angamally South PO-683572, Student of XI Std. Govt.H.S.S.Mokkannoor-683577 3. ) ) ) ) )

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5.

6.

) ) ) ) ) Vimal N.V,S/oVelayudhan NM,Nellikai House, ) COMPLAINANTS Azhakam Po, Moonnampara BO Pin:683577 ) Student of XI Standard, Govt.H.S.S.Mokkannoor) 683577 ) ) Jishnu Radhakrishnan. S/o. C.P.Radakrishnan. ) Chembakassery House, Vappalassery PO, ) Angamally -683572, Student of XII standard ) Govt.H.S.S.Mokkannoor-683577 ) ) Kiran K.S, S/o.Shaji KA, ) Kvattu House,Kidangoor PO,Angamally ) Pin:683572, Student of XII, Govt.H.S.S.Mokkannoor- ) 683577 ) ) Nikhil M.V, S/o Karthu Velayudhan, ) Malayamthuruthy House,Azhakam PO, ) Azhakam FISAT, Pin-683577, Student of XII ) Standard, Govt.H.S.S.Mokkannoor-683577 ) Nishad Ayyappan, S/o C.K.Ayyappankutty, Choparambil House, Karukutty Po, Neerolipara, Pin-683576 Student of XI standard, Govt.H.S.S Mokkannoor -683577 ) ) ) ) )

7.

AND:
1. The Director of Higher Secondary Education, Kerala State School Kalolsavam 2010-11 Thiruvananthapuram 2. The Regional Deputy Director of Higher Secondary Education, Kerala State School Kalolsavam 2010-11, Kottayam 3. The Convener, Programme Committee, Kerala State School Kalolsavam 2010-11 Kottayam. ) ) ) ) ) ) ) RESPONDENTS ) ) ) )

Address for services to the complainant is that his Counsel; BABU POTHENCODE, Advocate, Near Employment Exchange, Vanchiyoor, Trivandrum . All notices and processes to the respondents may be served on their above said addresses.
1. 2. Name of the complainant Fathers name : : : : : Vishnu Vipin Vipinachandran Nair KA 17 years Student NA

3. (a) Age (b) Occupation Whether the complainant is a public servant or a service Association or trade union.

4. Permanent address: (a) Name (b) House name (d) Street (e) Ward : Vishnu Vipin : : : Konnanattu house Poickattussery Ward No. 2

3 (e) Post Office (f) Taluk (g) District 5. : : : Chengamanadu PO Aluva taluk Ernakulam

Nature, description and particulars including the approximate date or of action alleged to have been committed, in respect of

period

allegations/grievances are made in the complaint.

I.

The 1st Complainant is a student of XII

at the Govt. H.S.S.

Mokkannoor and the Captain of the Schools Chendamelam Team consisting of 7 members including the Captain. The Ist Complainant is representing the other Complainants as well, who are members of the Team. The aforesaid students achieved A grade in

Chendamelam H.S.S.General, Kerala School Kalolsavam 201011, Ernakulam Revenue District. The aforesaid team is headed by Vishnu Vipin got A grade with Second Place in Chendamelam. 2. The aforesaid students performed very well in the Revenue District Level Chendamelam competition but unfortunately due to some inefficiency of the stage management and signal lights controlling by the programme committee in the stage, there was some confusion. But this problem did not affect the outstanding performance of the students and they managed outstandingly well. judging committee was adjudged to participate in state level. Unfortunately, the the team with A grade with

second place only. At the same time poor performers were granted Against the decision the complainants

filed appeal before appeal committee.

Copy of the appeal

committees decision is being attached as (Exhibit 1). 3. After the performance, the judges publicly commented that their performance was the best. If the signal lights were functioning properly and other facilities were in perfect condition then definitely the complainant and his team would have been placed at A grade with first place.
4. The

selection committee due to some undue influence has to other participants and

recommended A grade with first place

permitted to participate in state level. To prevent the complainant and team to participate in the state level school Kalolsavam to be held at Kottayam on 17-01-2011 to 23-01-2011, some of the participants of the District Level School Kalolsavam who are jealous about the team of the aforesaid students and they are using their influence maximum for not to participate the team of the aforesaid students in the State Level Competition and they have succeeded in their attempts.
5. Against the decision of the judges in District Level, the

complainant and his team filed an appeal before the Deputy Director of Education, Ernakulam on 15-12-2010. The appeal was heard on 30th December 2010. The decision on the appeal has not been declared till evening of 12-1-2011 and purposely delayed in order to prevent the chances of the complainant and team to participate in the State Level Kalolsavam and to avoid the chances of complainants to approach before the Lok

Ayuktha for justice. After continuous requests only the Appeal committee served the copy of its decision on 12th evening. The

State level Kalolsavam has been fixed on 17-1-2011.

6. This is a clear case of dereliction of duty and mal-administration of the authorities and hence the Honourable Lok Ayukta may be pleased to interfere with the matter and render justice to the complainant and the team of aforesaid students. 7. In the above said circumstances the complainant has no other

remedy than to approach before the Honble Lok Ayukta to interfere with the matter and grant the following. RELIEF

A.

The respondents may be directed to permit the following students to participate in Chendamelam H.S.S. General competition of Kerala State Level School Kalolsavam 2010-11 proposed to be held at Kottayam from 17-01-2011 to 23-01-2011.

B.

Grant such other reliefs this Honble Lok Ayukta may deem fit and proper
6. Name and address of other persons (if any) who have knowledge about the facts relating : Dy. Director of Higher to the complaint whom the complainant would Secondary Education like to be summoned by the Ernakulam Hon.Lok Ayukta/Upa Lok Ayuukta. 1. Documents attached to the complaint:

in the nature and circumstances of this case.

Photocopy of the Appeal Committee decision No.F1/17889/10 dt.10-01-2011

1.

2. Receipt of the Appeal filing 3. In the absence of the Certificates from district level (certificates not yet suppied), Copy of Cerritificate of Principal Govt. GHSS, Mookkanoor for the participants.

COMPLAINANT
Thiruvananthapuram 14-01-2011.

I,

VISHNU VIPIN, AGED 17 YEARS, S/o Vipinachandran, do hereby

declare that the facts stated above are true and correct to the best of my knowledge, information and belief.

COMPLAINANT COUNSEL FOR THE COMPLAINANT.

BEFORE THE HONOURABLE KERALA LOK AYUKTA, THIRUVANANTHAPURAM

COMPLAINT NO.___________OF
BETWEEN:

2011 Complainant

Vishnu Vipin and team represented by his father Vipinachandran Nair KA AND:

..

The Director of Higher Secondary Education Thiruvananthapuram and others ..

Respondents.

AFFIDAVIT
I,

Vishnu Vipin, aged 17 years, S/o.Vipinachandran, residing at Aluva Taluk,

Konnanattu House, Poickattussery, Chengamanadu PO,

Ernakulam District, do hereby solemnly affirm and state as follows: 1. I am the Ist complainant in this complaint/Original Petition. I know the facts of this case. on behalf of the Chendamelam Team . 2. The averments and statements in the complaint are true and correct to the best of my knowledge, information and belief and they may be treated as part of this affidavit. 3. We are entitled to get the relief prayed for in the complaint and the same may be allowed. 4. This affidavit is filed in support of the O.P. I am swearing this affidavit for myself and complainants, who are members of my

All the facts stated above are true and correct to the best of my knowledge, information and belief. Dated this the 14th day of January, 2011

Deponent
Solemnly affirmed and signed before me by the deponent who is personally known to me on this the 10th day of January, 2011 in my Office, at Thiruvananthapuram.

Advocate.

BEFORE THE HONOURABLE KERALA LOK AYUKTA, THIRUVANANTHAPURAM COMPLAINT NO.___________OF

BETWEEN: Vishnu Vipin and team represented by his father
AND:

2011

Complainant.

The Director of Higher Secondary Education Thiruvananthapuram and others

Respondents.

AFFIDAVIT
I, Vishnu Vipin, aged 17

years, S/o. of Vipinachandran, residing at

Konnanattu House, Poickattussery, Chengamanadu PO, Ernakulam District, do hereby solemnly affirm and state as follows: 1. I am the Ist Petitioner in this case and I am fully aware of the facts of the case. 2. I am swearing this affidavit for myself and for and on behalf of the other petitioners who are the members of my Chendamelam Team. 3. My team has participated in the item of Chendamelam in grade. the

Ernakulam Revenue District School Kalolsavam and got 2nd with A

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4.

In the General.

Ernakulam

Revenue District Level School Kalolsavam my

team performed very well in Chendamelam competition H.S.S. We performed very well in the Revenue District Level Chendamelam competition but unfortunately due to some inefficiency of the stage management and signal lights controlling by the programme committee in the stage, there was some confusion. But this problem did not affect our outstanding managed outstandingly well. performance and we At Unfortunately, the judging committee

was adjudged our team with A grade with second place only. level.

the same time poor performers were granted to participate in state The organizing committee purposely created confusion in the stage and signal lights arrangements in the in order to favour some of their interested team members. 5. Even though our team performed very well in the District level

programme, unfortunately,

the judging committee due to some

influence not recommended our team to participate in the state level school Kalolsavam, H.S.S. General to be held at Kottayam from 1701-2011 to 23-01-2011. 6. Aggrieved by the order of the judging committee we preferred an appeal before the D.E.O.Ernakulam. But unfortunately it was not disposed by avoid the D.E.O till the evening of 12-1-2011. The authorities have purposefully delayed the disposal of the appeal to our chance and to favour some of their interested person. However, after strenuous efforts we managed to receive the decision of the appeal committee on 12th evening.

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7.

Hence our team has no other remedy than to approach before the Honble Lok Ayukta. The Honble Lok Ayukta may pass an interim order directing the respondents to participate my team for Chendamelam competition H.S.S. General in the Kerala State School Kalolsavam proposed to be held at Kottayam from 17-012011 to 23-01-2011. Otherwise we will be put to irreparable loss incalculable injury, hardship and mental agony. All the facts stated above are true and correct to the best of my

knowledge, information and belief.

Dated this the 14th

day of January, 2011

Deponent Solemnly affirmed and signed before me by the deponent who is personally known to me on this the 10th day of January, 2011 in my Office, at Thiruvananthapuram.

Advocate

BEFORE THE HONOURABLE KERALA LOK AYUKTA, THIRUVANANTHAPURM

12 I.A.NO. IN COMPLAINT NO._________________OF PETITIONER:(COMPLAINANT) 1. Vishnu Vipin, S/o. Vipinachandran Nair KA, Konnanattu House, Chengamanadu .P.O., Aluva Taluk, Ernakulam Dist, Student of XII standard Govt.H.S.S. Mokkannoor-683577 and team Represented by his father Vipinachandran Nair KA 2. Vishnu S.V. C/o. Vinitha S.V Sourikal House, Cheriyavappalassery Angamally South PO-683572, Student of XI Std. Govt.H.S.S.Mokkannoor-683577 3. Vimal N.V,S/oVelayudhan NM,Nellikai House, Azhakam PO, Moonnampara BO Pin:683577 Student of XI Standard, Govt.H.S.S.Mokkannoor-683577 4. Jishnu Radhakrishnan. S/o. C.P.Radakrishnan. Chembakassery House, Vappalassery PO, Angamally -683572, Student of XII standard Govt.H.S.S.Mokkannoor-683577 5. Kiran K.S, S/o.Shaji KA, Kvattu House,Kidangoor PO,Angamally Pin:683572, Student of XII, Govt.H.S.S.Mokkannoor- 683577 6. Nikhil M.V, S/o Karthu Velayudhan, Malayamthuruthy House,Azhakam PO, Azhakam FISAT, Pin-683577, Student of XII Standard, Govt.H.S.S.Mokkannoor-683577 7. Nishad Ayyappan, S/o C.K.Ayyappankutty, Choparambil House, Karukutty Po, Neerolipara, Pin-683576 Student of XI standard, Govt.H.S.S, Mokkannoor -683577 (Represented by Vipinachandan Nair KA) COUNTER PETITIONERS/RESPONDENTS: 1. The Director of Higher Secondary Education, Kerala State School Kalolsavam 2010-11 2011 OF 2011

13 Thiruvananthapuram 2. The Regional Deputy Director of Higher Secondary Education, Kerala State School Kalolsavam 2010-11, Kottayam 3. The Conventor Programme Committee, Kerala State School Kalolsavam 2010-11 Kottayam.

PETITION filed by ADVOCATE Babu. P. Pothencode, Near Employment Exchange, Vanchiyoor, Trivandrum for and on behalf of the petitioners. For the reasons stated in the accompanying affidavit, it is most humbly prayed that this Honble Lok Ayukta may be pleased to pass an interim order directing the respondents to participate the petitioners in the Kerala State School Kalolsavam for Chendamelam H.S.S. General to be held at Kottayam from 17-01-2011 to 23-01-2011.
Dated this the 14th day of January, 2011.

ADVOCATE.

BEFORE THE HONOURABLE KERALA LOK AYUKTA, THIRUVANANTHAPURAM

COMPLAINT NO._________________OF 2011

14 BETWEEN: Vishnu Vipin and team represented By his father Vipinachandran Nair KA AND: The Director of Higher Secondary Education Thiruvananthapuram and others INDEX Respondents. Complainant.

Sl.No. Particulars _______________________________________________________________ 1. 2. 3 Original Complaint Affidavit

Page No.

Photocopy of Appeal committee decision No.1/17889/10 dt.10.01-2011

Dated this the 14th day of January, 2011

Counsel for the Complainant.