IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI THURSDAY, THE 11TH DECEMBER 2008 / 20TH AGRAHAYANA 1930 WP(C).No. 36593 of 2008(F) -------------------------- PETITIONER(S): -------------------------- ATHIRA A.SAJEEV, AGED 17 YEARS, MINOR, REPRESENTED BY HER MOTHER ASITHA N.S., PULARI, HOUSE NO.T.15, NETHAJI ROAD,PAPPANAMKODE, THIRUVANANTHAPURAM-695018. BY ADV. SRI.P.B.SURESH KUMAR SRI.LEO GEORGE RESPONDENT(S): ---------------------------- 1. STATE OF KERALA, REPRESENTED BY THE CHIEF SECRETARY TO GOVERNMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. DISTRICT EDUCATION OFFICER, THIRUVANANTHAPURAM DISTRICT, THIRUVANANTHAPURAM. 3. ASSISTANT DIRECTOR, VOCATIONAL HIGHER SECONDARY EDUCATION DEPARTMENT, GOVERNMENT OF KERALA, THIRUVANANTHAPURAM. 4. REGIONAL DEPUTY DIRECTOR, HIGHER SECONDARY EDUCATION DEPARTMENT, THIRUVANANTHAPURAM WP(C).No. 36593 of 2008 :: 2 :: 5. GENERAL CONVENER, THIRUVANANTHAPURAM NORTH SUB DISTRIT SCHOOL YOUTH FESTIVAL, SREEMULAVILASAM MODEL BOYS HIGHER SECONDARY SCHOOL THAMPANOOR, THIRUVANANTHAPURAM. 6. APPEAL COMMITTEE, THIRUVANANTHAPURAM NORTH SUB DISTRICT SCHOOL YOUTH FESTIVAL 2008-09 REPRESENTED BY ITS CHAIRMAN. 7. GENERAL CONVENER, DISTRICT SCHOOL YOUTH FESTIVAL, GOVERNMENT HIGHER SECONDARY SCHOOL, KILIMANOOR, THIRUVANANTHAPURAM. BY GOVERNMENT PLEADER SMT.M.R.SREELATHA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11/12/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI, J. ------------------------- W.P.(C).No.36593 of 2008 ------------------------- Dated this the 11th day of December, 2008. JUDGMENT The petitioner, who is a plus two student, participated in the Kerala Higher Secondary school Youth festival for the item “folk dance” and she was adjudged only at second place. This was challenged by the petitioner in an appeal. The appeal was rejected and hence this writ petition. 2. The petitioner's allegation is that there was jumping of the CD within the CD player and this had affected her performance. Obviously, such unexpected things may happen in any competition. But, there is a presumption that the Judges, who have expertise in the field, are in a position to leave a margin for such variations, but nevertheless adjudge the relative performance of the rivals. I do not think that the reason urged by the petitioner is so serious as to make the entire assessment faulty. W.P.(C).NO.36593/08 :: 2 :: For all these reasons, I do not find any grounds to interfere in this writ petition. Accordingly, the same is dismissed. Sd/- (V.GIRI) JUDGE sk/ //true copy// P.S. To Judge