IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC THURSDAY, THE 13TH JANUARY 2011 / 23RD POUSHA 1932 WP(C).No. 1266 of 2011(G) ------------------------- PETITIONER(S): ---------------------- 1. DURGA N. PAI (MINOR) D/O.K.V.NANDAKUMAR, AGED 15, STANDARD X, NIRMALA ENGLISH MEDIUM HIGHER SECONDARY SCHOOL, ALUVA, REPRESENTED BY HER FATHER SRI.K.V.NANDAKUMAR, RESIDING AT KALAPARAMBATH HOUSE, AZAD LANE, ALUVA. 2. JOSE E.LONAN, S/O LATE LONAN, AGED 58, BAND MASTER, NIRMALA ENGLISH MEDIUM HIGHER SECONDARY SCHOOL, ALUVA. BY ADV. SMT.R.RANJINI RESPONDENT(S): ----------------------- 1. THE GENERAL CONVENOR, KERALA STATE SCHOOLS KALOLSAVAM (YOUTH FESTIVAL), DEPARTMENT OF EDUCATION, THIRUVANANTHAPURAM 695001. 2. THE APPELLATE COMMITTEE, ERNAKULAM REVENUE DISTRICT SCHOOL KALOLSAVAM 2010-11, REPRESENTED BY ITS GENERAL CONVENOR 682011. 3. THE ORGANIZING COMMITTEE FOR ERNAKULAM REVENUE DISTRICT SCHOOL KALOLSAVAM 2010-11, REPRESENTED BY ITS GENERAL CONVENOR 682011. 4. THE STATE OF KERALA REPRESENTED BY THE SECRETARY, DEPARTMENT OF EDUCATION, SECRETARIAT, THIRUVANANTHAPURAM 695001. GOVT.PLEADER SRI.DILEEP MOHAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 13/01/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. ================ W.P.(C) NO. 1266 OF 2011 ===================== Dated this the 13th day of January, 2011 J U D G M E N T In the Ernakulam Revenue District Kalolsavam, team of the petitioners participated in band display. They secured 237 marks and were awarded 3rd prize with A Grade. Aggrieved by the above award, they filed an appeal which was considered by the Appellate Committee and the Appellate Committee rejected the appeal by Ext.P1. It is challenging Ext.P1 and seeking a direction to the authorities to permit the petitioners' team to participate in the State School Kalolsavam, the writ petition is filed. 2. First of all, the first or second prize winning teams have not been impleaded in the writ petition, and therefore, any order favourable to the petitioners which will be prejudicial to their interest cannot be allowed for the reason that the writ petition is defective for non joinder of necessary parties. That apart, when the writ petition was taken up for hearing the main argument raised by the learned counsel for the petitioners was that since 2009, common competition is held for teams consisting of boys and girls, and that, as in the past, separate competitions ought to WPC No. 1266/11 :2 : have been held for boys and girls. In my view, it is for the authorities to decide in what manner competitions are to be held and even if it is assumed that a common competition is held, which is perfectly permissible, it cannot be said that any prejudice special to the petitioners has been caused. That apart, the appeal memorandum has not been produced and from the appellate order, it is not seen that such a contention was raised before the Appellate Committee. Added to all this is further fact that the appellate order reveals that between the first prize winning team an the petitioners' team, there is a disparity of 11 marks and that also persuades me not to accept the case of the petitioners. Writ petition is dismissed. ANTONY DOMINIC, JUDGE Rp