IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR MONDAY, THE 11TH JANUARY 2010 / 21TH POUSHA 1931 WP(C).No. 869 of 2010(G) ------------------------------------ PETITIONER(S): ----------------------- 1. ATHIRA N.RAJ, REPRESENTED BY HER MOTHER GEETHA RAJU, RESIDING AT NALLOOPARAMPIL,CHANDANIKKADU P.O. KOTTAYAM. 2. VEENA VIJAY, REPRESENTED BY HER MOTHER SREEKALA VIJAYAN, RESIDING AT PALLATUTHAZHACHAYIL HOUSE, NEELAMPEROOR P.O., KURICHY, KOTTAYAM. 3. MEERA SUGATHAN, REPRESENTED BY HER MOTHER LATHA SUGHATHAN, RESIDING AT VADAKKEKARA, PARIYARAM P.O., KOTTAYAM. 4. LAKSHMI MADHU, REPRESENTED BY HER FATHER K.N. MADHU, KOCHUVEETTIL, MUTTAMBALAM P.O., KOTTAYAM. 5. KAVITHA K., REPRESENTED BY HER FATHER, S.KARUNAKARAN, PARAYIL HOUSE, KOTTAYAM SOUTH P.O., KOTTAYAM. 6. AISWARIYA RAJEEV, REPRESENTED BY HER FATHER RAJEEV KUMAR, PUTHIYA VEEDU, MARIYATHURUTHU P.O.,KOTTAYAM. 7. SWARNA ANNA SABU, REPRESENTED BY HER MOTHER AND NATURAL GUARDIAN JESSY SABU, KAKKUZHIYIL HOUSE, PARIYARAM P.O., KOTTAYAM. BY ADV. SMT.AYSHA YOUSEFF, SMT.MOLLY JACOB, SMT.RABIA BEEGAM T.K., MR.JOBI.A.THAMPI, SMT.M.KABANI DINESH, SMT.BOBY M.SEKHAR. RESPONDENT(S): ------------------------ 1. DEPUTY DIRECTOR OF EDUCATION, KOTTAYAM. WP(C).No. 869 of 2010(G) 2. APPEAL COMMITTEE, REPRESENTED BY ITS CHAIRMAN, (DEPUTY DIRECTOR OF EDUCATION, KOTTAYAM). 3. STATE OF KERALA, REPRESENTED BY ITS SECRETARY TO GOVERNMENT,GENERAL EDUCATION DEPARTMENT, SECRETARIAT, TRIVANDRUM. R1 TO R3 BY GOVERNMENT PLEADER MR.P.N. SANTHOSH. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11/01/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs. T.R. Ramachandran Nair, J. - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No. 869 of 2010-G - - - - -- - - - - - - - - - - - - - - - - - - - - Dated this the 11th day of January, 2010. JUDGMENT The petitioners are aggrieved by the rejection of the appeal filed against the award of marks for the item Group Dance in Kottayam Revenue District level school Kalotsavam 2009. 2. It is stated that the school was the winner of first prize for the last 25 years and there was an attempt to defeat them from every quarters. It is stated that the result was announced only in the presence of the police and it is further pointed out that the C.D. Player did not function as expected and due to this, the petitioners had to remain idle in the stage for more than one minute. The rejection of appeal as per Ext.P2 is under challenge in this writ petition. 3. The grounds alleged in the appeal have been reiterated in the writ petition. 4. A reading of the order shows that there is a difference of 3 marks with the winning team. It is found that the petitioner's team remained idle for one minute and this was also adjudged by the committee. For all these reasons, the appeal committee found no reason to interfere. wpc /2010 2 5. Even though learned counsel for the petitioner strenuously prayed for a direction to allow them to participate in the State level competition, this Court cannot sit in appeal over the decision of the appellate authority unless cogent reasons to interfere with the same have been established. I do not find any reason to interfere with the same and the writ petition is dismissed. (T.R. Ramachandran Nair, Judge.) kav/