IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MR. JUSTICE K.PADMANABHAN NAIR FRIDAY, THE 11TH JANUARY 2008 / 21ST POUSHA 1929 WA.No. 79 of 2008() ------------------- AGAINST THE JUDGEMENT IN WPC.930/2008 Dated 08/01/2008 .................... APPELLANT/PETITIONER: ------------------------------ ATHIRA.M.A., AGED 15 YEARS, LEADER/CAPTAIN SCHOOL BAND, S.K.HIGH SCHOOL, ANANDAPURAM, PIN-680 323, THRISSUR DISTRICT, REP. BY HER GUARDIAN AND NEXT FRIEND MR.AJITHKUMAR, 48 YEARS, SANGAMAM, NELLAI P.O., THRISSUR-680 305. BY ADV. SRI.BABU CHERUKARA RESPONDENTS/RESPONDENTS: ------------------------------------ 1. THE DIRECTOR OF PUBLIC INSTRUCTIONS, TRIVANDRUM. 2. THE DEPUTY DIRECTOR OF EDUCATION, TRISSUR DISTRICT. BY GOVERNMENT PLEADER SRI.NOBLE MATHEW THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 11/01/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J.B.KOSHY & K.PADMANABHAN NAIR, JJ. -------------------------------------- W.A.No.79 OF 2008 ------------------------------------- Dated 11th January, 2008 J U D G M E N T Koshy, J. It is the case of the petitioner that they are the participants of the band set item in the Thrissur Revenue District School Youth Festival. According to the petitioner, the quick march shall be with 120 steps per minute and the same can vary within the permissive limit is from 110 to 130. In the case of the appellants team, it was 115 and in the case of the 1st prize winner it was 140 which was not allowed. The slow march shall be with 60 steps per minute and it can vary the permissible limit from 55 steps to 65 steps per minute. The appellants' team performed the slow march with 55 steps per minute where as the 1st prize winner has performed the slow march with 80 steps per minute which was in excess of the allowed limit. It is his case that the prize was granted due to non-assessment based on the requirements of brass band. First prize winner WA.79/2008 2 exceeded the permissive limit and they should not have granted the first prize, and therefore, petitioner should be permitted to participate in the State competition. Whether they exceeded permissible limit or not etc. are pure questioning of facts. Competition Judges assessed the ranks as per requirements. Appellate authority also rejected the same. First prize winner got 253 marks whereas the marks awarded to the petitioner was only 236. There is no personal allegation against the Judges or members of the appellate authority. Judges went to the neighbouring house and discussed the matter etc. were not proved and the allegations are not substantiated. We also note that only one team can participate in the State competition from the District and State level competition already started. Hence we see no merit in the appeal and appeal is dismissed. J.B.KOSHY,JUDGE K.PADMANABHAN NAIR, JUDGE prp