IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR THURSDAY, THE 7TH JANUARY 2010 / 17TH POUSHA 1931 WP(C).No. 568 of 2010(U) ----------------------------- PETITIONER: -------------- NEERAJA NARENDRAN, KOTHELIL HOUSE, PERINGARA P.O., THIRUVALLA, PATHANAMTHITTA DISTRICT, REPRESENTED BY HER GUARDIAN AND FATHER SHRI.P.NARENDRAN. BY MR.C.S.MANU, ADVOCATE. MR.S.K.PREMRAJ, ADVOCATE. RESPONDENTS: ------------------ 1. STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVERNMENT OF KERALA, DEPARTMENT OF EDUCATION, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. DIRECTOR OF PUBLIC INSTRUCTIONS, THIRUVANANTHAPURAM. 3. APPEAL COMMITTEE, REVENUE DISTRICT KERALA SCHOOL KALOLSAVAM, PATHANAMTHITTA, REPRESENTED BY ITS CHAIRMAN DEPUTY DIRECTOR (EDUCATION) PATHANAMTHITTA AT THIRUVALLA. 4. DEPUTY DIRECTOR (EDUCATION), PATHANAMTHITTA AT THIRUVALLA. 5. ANJU MANOHARAN, BETHANI ST.MARY'S GIRLS HIGHER SECONDARY SCHOOL, PERUNADU, PATHANAMTHITTA, REPRESENTED BY HER GUARDIAN AND FATHER SHRI.MANOHARAN. WP(C).No. 568/2010 ...2... 6. ARCHANA RAJAN, KOTTANADU H.C.V.H.S., KOTTANADU - 689 615, RANNI. BY MR.P. NARAYANAN, GOVERNMENT PLEADER. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07/01/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R. RAMACHANDRAN NAIR, J. --------------------------------------- W.P.(C) No.568 OF 2010 --------------------------------------- Dated this the 7th day of January, 2010. J U D G M E N T The petitioner was a participant in the Pathanamthitta Revenue District Kerala School Kalolsavam for two items namely, Ottanthullal and Bharathanatyam. For failure to obtain the required grade in Bharathanatyam, this writ petition has been filed. The appeal filed by the petitioner has been rejected as evident from Exhibit P3 on finding that there is variation of marks with the first winner by 13 marks. 2. Learned counsel for the petitioner submitted that the programme for Ottanthullal was scheduled to be held at 9.30 a.m but it was delayed and was commenced only at 11.30 a.m. The petitioner's name was called for Ottanthullal competition at 1.15p.m. The petitioner had to go for Bharathanatyam competition immediately after the conclusion of her Ottanthullal competition and thus the performance of the petitioner was affected. 3. It is the case of the petitioner that she could have secured first prize in the Bharathanatyam competition if she was W.P.(C) No.568/2010 2 given proper opportunity. The appeal committee found in Exhibit P3 that there was no irregularity on the part of the judges. Admittedly, the petitioner had participated in the competition. Going by the marks recorded in Exhibit P3, there is variation of marks for 13. 4. Learned counsel for the petitioner prayed for a direction atleast to permit the petitioner to participate in the State level competition for Bharathanatyam. The petitioner being the third is not normally entitled to participate in the State level competition. If the petitioner is allowed to participate, then the person who has obtained the second place has also to be allowed to participate automatically. The same can be done only if there is any justifiable grounds. I am not satisfied that the petitioner is entitled to participate in the State level competition in the light of the marks obtained by her. In that view of the matter, this writ petition is dismissed. T.R. RAMACHANDRAN NAIR JUDGE smp