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. 868 of 2010(G) ------------------------------------ PETITIONER(S): ---------------------- INDU GAYATHRY, AGED 17 YEARS, (MINOR) REP. BY HER FATHER PRAVEEN PRAVEEN NIVAS, THONIAKAVU N.PARAVOOR, ERNAKULAM DIST. BY ADV. MR.MANSOOR.B.H. RESPONDENT(S): ------------------------- 1. DIRECTOR OF PUBLIC INSTRUCTIONS, THIRUVANANTHAPURAM. 2. THE DEPUTY DIRECTOR OF EDUCATION & CHAIRMAN APPEAL COMMITTEE, KERALA SCHOOL KALOTSAVAM, ERNAKULAM REVENUE DISTRICT, ERNAKULAM. R1 & R2 BY GOVERNMENT PLEADER MR.P. NARAYANAN. 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. 868 of 2010-G - - - - -- - - - - - - - - - - - - - - - - - - - - Dated this the 11th day of January, 2010. JUDGMENT The petitioner, a participant in Ernakulam Revenue District Youth Festival in the event Vrindavadyam and has obtained third place with A grade, is aggrieved by the award of marks and the assessment of merit. It is mainly contended that when the event started, it was noticed that the volume of violin, flute, guitar, keyboard and monitor was feeble due to the fault of the mike operator. It is pointed out that even though the matter was brought to the notice of the stage manager, nothing was done to rectify the defect. The other candidates were allowed to participate after rectifying the defects. It is pointed out that the appeal filed was not properly considered and was rejected by a non speaking order as per Ext.P2. Learned counsel for the petitioner submitted that the rejection of the appeal is totally bad. 2. Learned Govt. Pleader submitted that there is a difference of 19 marks between the petitioner's team and the team who were adjudged as first. A reading of Ext.P2 shows that the appeal committee was of the views that all the teams performed in the same stage and the stage manager was not informed of any defect. They found no infirmity or illegality in the wpc868 /2010 2 manner of assessment and award of marks. For all these reasons, the appeal was dismissed. I do not find any ground to interfere with the result of the competition. The writ petition is therefore dismissed. (T.R. Ramachandran Nair, Judge.) kav/