IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC TUESDAY, THE 18TH JANUARY 2011 / 28TH POUSHA 1932 WP(C).No. 1582 of 2011(W) --------------------------------------- PETITIONER(S): 1 ------------------------- A.ATHIRA, AGED 14 YEARS, REPRESENTED BY HER MOTHER ANANDAVALLI, SRILAGAM, PUTHUKADU,PO.CHAVARA, KOLLAM DISTRICT. BY ADV. SRI.THYPARAMBIL THOMAS THOMAS RESPONDENT(S): ------------------------- 1. DIRECTOR OF PUBLIC INSTRUCTIONS (DPI) OFFICE OF THE DPI, JAGATHY, THIRUVANANTHAPURAM- 690001. 2. DEPUTY DIRECTOR OF EDUCATION, OFFICE OF THE D.D.E, KOLLAM-1. 3. DISTRICT EDUCATION OFFICER,D.D.OFFICE, KOLLAM- 1. 4. STATE OF KEALA, REPRESENTED BY MINISTRY OF GENERAL EDUCATION, SECRETARIAT, THIRUVANANTHAPURAM. 690001 BY GOVT. PLEADER SRI.DILEEP MOHAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18/01/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss ANTONY DOMINIC, J. ------------------------- W.P (C) No.1582 of 2011 -------------------------- Dated this the 17th January, 2011 J U D G M E N T In the Kollam District Youth Festival, petitioner participated in the item "Mohiniyattam" and was awarded A Grade. In this writ petition it is alleged that the Stage Manager and the Judges have acted with bias. It is stated that the Stage Manager contacted somebody in his mobile phone and handed over a message to Judges in between the event and that it was on that basis the first prize with A grade was awarded to other participant. On instructions, learned Government Pleader denied this allegation and further submitted that the Stage Manager always remain on the stage and that he would have no occasion to interact with the Judges. In so far as the allegation that although the petitioner attempted to file an appeal, the same was not accepted, learned Government Pleader submitted that the petitioner did not file any appeal and that there was no occasion to decline to accept any appeal. W.P (C) No. 1582 of 2011 2 2. First of all, when the allegations of bias and malafides are raised, it is for the incumbent to implead those persons as parties in the writ petition. In this writ petition not only that the Stage manager and Judges are not impleaded, even the first prize winner has not been impleaded. In that sense, writ petition is defective for non- joinder of necessary parties. Further, nothing has been produced by the petitioner to contradict the contentions raised by the learned Government Pleader. Such being the case, there is no merit in the writ petition and is liable to be dismissed. I do so. Writ petition is dismissed. Sd/- ANTONY DOMINIC JUDGE ma /True copy/ P.A to Judge W.P (C) No. 1582 of 2011 3