IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 21ST DECEMBER 2011 / 30TH AGRAHAYANA 1933 WP(C).No. 34255 of 2011(F) -------------------------------------- PETITIONER(S): ---------------------- RISHIRAJ.N.V. (MINOR, REPRESENTED BY FATHER AND GUARDIAN) N.C. VELAYUDHAN. S/O. N.V. CHOTHI, NEDUMPARAMBIL HOUSE, THRIKKAV, PONNANI.P.O., MALAPPURAM DISTRICT-679 577. BY ADV. SRI.A.MOHAMED MUSTAQUE SRI.K.R.AVINASH (KUNNATH) RESPONDENT(S): ------------------------ 1. THE PRINCIPAL, TECHNICAL HIGHER SECONDARY SCHOOL, (INSTITUTE OF HUMAN RECOURSE DEVELOPMENT), VATTAMKULAM, EDAPPAL, MALAPPURAM DISTRICT-679 576. 2. THE GENERAL CONVENER, 34TH KERALA TECHNICAL HIGH SCHOOL KALOTSAVAM 2012, GOVERNMENT TECHNICAL HIGH SCHOOL, P.O. THOTTADA, KANNUR DISTRICT-670007, 3. ARJUN.R.KRISHNA, S/O RADHAKRISHNAN, “SARANGI”, THEKKEVAVANOR, KOOTTANAD, PALAKKAD DISTRICT-679533 4. THE STATE OF KERALA, REPRESENTED BY, THE DIRECTOR, DEPARTMENT OF TECHNICAL EDUCATION, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001. BY SRI.MUHAMMED SHAH, GOVT. PLEADER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21/12/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: AS WPC.NO.34255/2011 APPENDIX PETITIONERS EXHIBITS: P1: COPY OF THE SCHOOL IDENTITY CARD OF THE PETITIONER. P2: COPY OF THE CERTIFICATE ISSUED TO THE PETITIONER. P3: COPY OF THE GENERAL CONDITIONS/REGULATIONS OF THE SAID ARTS FESTIVAL OF TECHNICAL HIGH SCHOOLS. P4: COPY OF DISCHARGE CARD ISSUED TO THE PETITIONER. P5: COPY OF MEDICAL CERTIFICATE ISSUED BY THE PETITIONER. P6: COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER. RESPONDENTS EXHIBITS: NIL /TRUE COPY/ P.A. TO JUDGE AS ANTONY DOMINIC, J. --------------------------------------- W.P.(C) No.34255 of 2011 ---------------------------------------- Dated this the 21st day of December, 2011 JUDGMENT Petitioner is a student of 10th standard, in the School where 1st respondent is the Principal. According to the petitioner, he was the 1st prize winner in 'Thabala' last year, when he was also the State level prize winner. This year when the school level competition were held on account of a fracture suffered by the petitioner he was unable to participate in the competition and as a result, the 3rd respondent, the only other participant, was nominated, but without any competition. Petitioner says that the 3rd respondent's nomination was made without even considering the representation made by him requesting that in view of his ill health, the competition may be held on another day. In this writ petition what is sought is that a fresh competition being conducted at the school and nomination been made on that basis. There is also an alternative prayer to direct the authorities to permit the petitioner to participate in the State level competition. W.P.C. No. 34255 OF 2011 -2- 2. The eligibility to participate in the State level competition is a nomination that a student gets from the school. Such nomination is given to only those who are prize winners in school level competition. Admittedly, what ever be its reasons, it is a fact that the petitioner did not participate in the school level competition. 3. Therefore, in such circumstance the nomination of 3rd respondent is a validly made one. Once the nomination of 3rd respondent is found to be valid, the petitioner cannot ask for a fresh competition to be held and that nomination should be made on that basis. Therefore, I do not find any merit in this writ petition and the writ petition is dismissed. ANTONY DOMINIC, JUDGE. Kp/-