IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN FRIDAY, THE 12TH DECEMBER 2008 / 21ST AGRAHAYANA 1930 WP(C).No. 36651 of 2008(L) -------------------------- PETITIONER(S): --------------- RESHMA.S.S, D/O.SUBASH BOSE, REPRESENTED BY GUARDIAN SUBASH BOSE, T.C.22/982, SWATHI, ATTUKAL, TRIVANDRUM-9. BY ADV. SMT.P.K.RADHIKA RESPONDENT(S): --------------- 1. DIRECTOR OF PUBLIC INSTRUCTIONS, THIRUVANANTHAPURAM. 2. DEPUTY DIRECTOR OF PUBLIC INSTRUCTIONS, THIRUVANANTHAPURAM. 3. DISTRICT EDUCATIONAL OFFICER, THIRUVANANTHAPURAM. GOVERNMENT PLEADER SMT. N. SUDHA DEVI. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12/12/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S. SIRI JAGAN, J. ------------------------------------ W.P.(C)No.36651 OF 2008 ---------------------------------------- Dated this the 12th day of December, 2008 JUDGMENT The petitioner challenges Ext.P3 order of the Appellate Authority in respect of the appeal filed by the petitioner against the result of the Kathakali and Kerala Nadanam item of the District level competitions of the Kerala School Youth Festival. The contention of the petitioner is that as evidenced by Ext.P1 series of certificates, the petitioner was very talented in the item and she was wrongly given the 2nd place. The petitioner contends that the appeal had not been properly considered. 2. I am of opinion that this is not a matter which can be decided in exercise of the powers under Article 226 of the Constitution of India especially in the absence of any allegations of malafides either against the judges or against the appellate authority. I cannot now objectively assess the comparative performance of the petitioner and the 1st prize winner. It is seen from Exhibit-P3 that all the judges gave higher marks to the 1st W.P.(c)No.36651/08 2 prize winner. Therefore, I am not inclined to exercise my discretionary jurisdiction under Article 226 of the Constitution of India in favour of the petitioner. Accordingly, the writ petition is dismissed. S. SIRI JAGAN, JUDGE Acd