IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 15TH DECEMBER 2010 / 24TH AGRAHAYANA 1932 WP(C).No. 36964 of 2010(U) -------------------------------------- PETITIONER: ------------------- VIDYA SUKUMARAN REPRESENTED BY HER FATHER P.K.SUKUMARAN, PULIYALLIL HOUSE, THIDANADU P.O., KUNNUMPURAM, KOTTAYAM DISTRICT, PIN-686 123. BY ADVS. SMT.V.BEENA, SMT.AJITHAKUMARI .L. RESPONDENTS: ------------------------ 1. THE DIRECTOR OF PUBLIC INSTRUCTION, EDUCATION DEPARTMENT, THIRUVANANTHAPURAM – 14. 2. THE DEPUTY DIRECTOR, (EDN.) KOTTAYAM – 691 571. 3. THE ASSISTANT EDUCATIONAL OFFICER (A.E.O) ERATTUPETTA – 686 121. R1 TO R3 BY GOVT. PLEADER SRI. P.N. SANTHOSH. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 15/12/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. ANTONY DOMINIC, J. ================ W.P.(C) NO. 36964 OF 2010 ===================== Dated this the 15th day of December, 2010 J U D G M E N T Petitioner's daughter is a 7th standard student in the Government VHSS, Thidananadu, Kottayam District. In the Sub District Level competitions, petitioner's daughter had participated in the item Bharathanatyam and she got only second price with B Grade, as a result of which, she is ineligible to participate in the Revenue District Level Youth Festival. According to the petitioner, though an appeal was filed, that was not considered. It is complaining about the erroneous assessment of the performance and non disposal of the appeal, the writ petition is filed. 2. Learned Government Pleader, who has obtained instructions justified the assessment of performance and also contends that the appeal was filed beyond the one hour time specified in the Manual. 3. First of all, as far as the assessment of performance is concerned, that has been done by experts in the field, and therefore, unless there are compelling reasons, this Court will not be justified in interfering with their judgment. In this writ petition, WPC No. 36964/10 :2 : apart from the past years performance of the petitioner, there is nothing to indicate that this years assessment of performance by the judges is erroneous for any reason. That apart, on instructions, learned Government Pleader further submits that the appeal filed by the petitioner was beyond the time specified in the Manual and therefore the same was rejected. In such a situation, I do not think this Court will be justified in interfering with the matter in any manner. Writ petition is dismissed. ANTONY DOMINIC, JUDGE Rp