IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC MONDAY, THE 10TH JANUARY 2011 / 20TH POUSHA 1932 WP(C).No. 680 of 2011(H) ------------------------ PETITIONER(S): ---------------------- KHADEEJA AMANDA C.P. (MINOR), PLUS TWO STUDENT(2ND YEAR), SOOPYKUTTY NAHA MEMORIAL HIGHER SECONDARY SCHOOL, PARAPPANANGADI, MALAPPURAM DIST.,RESIDING AT CHUNDAN VEETIL PUTHIYA NALAKATH,RAYIRAMANGALAM AMSOM DESOM,TANUR, MALAPPURAM DIST.REP.BY HER FATHER C.P.IBRAHIM. BY ADV. SRI.K.T.SHYAMKUMAR SRI.HARISH R. MENON SMT.M.S.KIRAN RESPONDENT(S): ----------------------- 1. STATE OF KERALA, REPRESENTED BY ITS SECRETARY, GENERAL EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695001. 2. DISTRICT EDUCATIONAL OFFICER, TIRUR, MALAPPURAM DISTRICT-676101. 3. THE ASSISTANT EDUCATIONAL OFFICER, PARAPPANANGADI, MALAPPURAM DISTRICT-676303. 4. DEPUTY DIRECTOR OF EDUCATION, MALAPPURAM(GENERAL CONVENOR) MALAPPURAM REVENUE DISTRICT SCHOOLS YUVAJANOTSAVAM,PIN-676505. 5. SHAKIB AKTHAR, 2ND YEAR PLUS TWO STUDENT, GOVT. HIGHER SECONDARY SCHOOL, TIRURANGADI, MALAPPURAM DISTRICT. GOVT.PLEADER SRI.DILEEP MOHAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10/01/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. ================ W.P.(C) NO. 680 OF 2011 ===================== Dated this the 10th day of January, 2011 J U D G M E N T In the Tirur Sub District Kalolsavam, petitioner participated in English Elocution and was awarded second prize with A Grade. She preferred an appeal claiming that her performance was superior to that of the first prize winner. The appeal was rejected by Ext.P3 order. It is challenging Ext.P3 and seeking a direction to permit the petitioner to participate in the Revenue District Schools' Youth Festival, the writ petition is filed. 2. Learned Government Pleader has obtained instructions in the matter. According to the learned Government Pleader, while the first petitioner secured 212 marks, petitioner has secured only 211 marks. It is stated that the allegation now raised by the petitioner that the topic of the elocution was changed at the last minute, which is now urged before this Court, was not a ground urged in the appeal filed. 3. First of all, the appeal memorandum has not been produced by the petitioner. Therefore, there is no reason not to accept the plea raised by the learned Government Pleader that WPC No. 680/11 :2 : the ground of change of topic was not urged by the petitioner in the appeal resulting in Ext.P3 order. If that be so, petitioner cannot be permitted to urge that contention before this Court for the first time. Even otherwise, any such change could not have caused any prejudice special to the petitioner. Therefore, I am not persuaded to invalidate the prize that was awarded to the first prize winner on the ground urged by the petitioner. Writ petition is dismissed. ANTONY DOMINIC, JUDGE Rp