IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR FRIDAY, THE 8TH JANUARY 2010 / 18TH POUSHA 1931 WP(C).No. 527 of 2010(M) ------------------------------------ PETITIONER(S): ----------------------- MARIA JOSEPH, CLASS IX, ST. JOSEPH AIGHSS, KOZHIKODE, REPRESENTED BY HER MOTHER, SONIA JOSEPH, W/O. JOSE, KILIANTHARAKARY, REPUBLIC ROAD, ERANHIPALAM, KOZHIKODE. BY ADV. MR.VINOD VALLIKAPPAN RESPONDENT(S): ------------------------- THE DEPUTY DIRECTOR OF EDUCATION, KOZHIKODE. BY GOVERNMENT PLEADER MR.P.N. SANTHOSH. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08/01/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs. T.R. Ramachandran Nair, J. - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No. 527 of 2010-M - - - - -- - - - - - - - - - - - - - - - - - - - - Dated this the 8th day of January, 2010. JUDGMENT The petitioner is a participant for English Recitation (HS) Kozhikode Revenue District Level Kerala School Kalolsavam 2009-2010 and was adjudged with A grade. She secured 239 marks as against 244 marks secured by the candidate placed first. It is the contention of the petitioner that she was the 12th participant and by the time her turn came, the day light had faded and lights had to be switched on. The switching on of the lights had interfered with the mike arrangements and her performance was affected, thereby the judges could not assess her performance properly. Aggrieved by the award of marks, the petitioner filed an appeal before the respondent. The said appeal was rejected as per Ext.P3 order. Hence, the petitioner has filed this writ petition. 2. A reading of Ext.P3 shows that there is a difference of five marks between the petitioner and the candidate who was placed first. It is is stated in Ext.P3 that all the participants enjoyed the same facilities and atmosphere for staging the event. It is further stated that no complaint other than that by the petitioner was registered and no technical faults were reported either wpc527 /2010 2 by the judges or by the stage manager. In the above circumstances, this Court will not be justified in interfering with the decision of the appeal committee and the writ petition is dismissed. (T.R. Ramachandran Nair, Judge.) kav/