IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC MONDAY, THE 20TH DECEMBER 2010 / 29TH AGRAHAYANA 1932 WP(C).No. 37790 of 2010(W) ---------------------------------- PETITIONER(S): ------------------- AISHWARYA CHANDRAN, D/O. K.V.CHANDRAN, AGED 16 YEARS, CLASS XI-A, ST.MARYS GIRLS HIGHER SECONDARY SCHOOL, TEEKOY, MINOR REPRESENTED BY HER FATHER AND NATURAL GUARDIAN, K.V.CHANDRAN, S/O.VELAYUDHAN, AGED 54 YEARS, KURINITHOTTU HOUSE, KONDOOR KARA, ARUVITHARA, NEENACHIL TALUK, KOTTAYAM. BY ADVS. SRI.THOMAS J.ANAKKALLUNKAL SRI.S.KANNAN NAIR RESPONDENT(S): -------------------- 1. THE STATE OF KERALA, REPRESENTED BY ITS SECREATARY, DEPARTMENT OF GENERALA EDUCATION, KERALA GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM–695001. 2. THE DISTRICT EDUCATIONAL OFFICER, KANJIRAPALLY, KOTTAYAM.(CHAIRMAN, APPEAL COMMITTEE, ERATTUPETTA SUB DISTRICT SCHOOL KALOTSAVAM)-686 001. 3. THE ASSISTANT EDUCATIONAL OFFICER, ERATTUPETTA, KANJIRAPALLY,KOTTAYAM – 686 001. 4. R.GEETHA, GENERAL CONVENOR, ERATTUPETTA SUB DISTRICT SCHOOL KALOTSAVAM, HEAD MISTRESS, MUSLIM GIRLS HIGHER SECONDARY SCHOOL, ERATTUPETTA-686 121. R1 TO R3 BY GOVT.PLEADER SRI.DILEEP MOHAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 20/12/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: svs/ ANTONY DOMINIC, J -------------------------------------- W.P.(C).No. 37790 OF 2010 ------------------------------------------------------------- Dated this the 20th day of December, 2010 JUDGMENT Petitioner's team participated in the Sub District level Youth Festival in the Erattupetta Sub District School Kalotsavam in the item 'Oppana'. There were only two teams and the team from the school of the 4th respondent is stated to have won the 1st prize and the petitioner was awarded 2nd prize with 'A' Grade. Complaining of the defects in the stage and sound system, an appeal was filed. However, the appeal was rejected by Ext.P1 order. It is challenging the above, this writ petition is filed praying that the petitioner's team be permitted to participate in the District level Youth Festival. 2. Reading of Ext.P1 shows that difference between the 1st prize winning team and the petitioner was 13. It is also stated that the experts, who have assessed the performance of the petitioner's team found it relatively poor. Nothing has been placed on record to prove that this conclusion of either the experts or the appellate committee, is erroneous. W.P.(C).No. 37790 OF 2010 2 3. Counsel for the petitioner contended that the 4th respondent was a member of the appellate committee and also the General Convenor of the Kalotsavam. Admittedly, the 4th respondent is the Head Mistress of the host School and it is in that capacity, the 4th respondent was appointed as the General Convenor. The fact that she was the General Convenor, could not have given any advantage to the team representing her school and in any case, there is no material for such a conclusion. Therefore, I am not impressed by the argument of the counsel for the petitioner that because, the 4th respondent was the General Convenor, any advantage has been given to the team representing her school. 4. In so far as, the allegation that the 4th respondent was a member of the appeal committee is concerned, even according to the petitioner there were three members in the appeal committee and going by Ext.P1 decision of the appellate committee, it was a unanimous decision. Therefore, the fact that the 4th respondent was also a member, cannot have resulted in any prejudice to the petitioner. Further after having taken chance W.P.(C).No. 37790 OF 2010 3 before the appellate committee and took in the appeal, it is not open to the petitioner to raise this contention. Therefore, I do not find any merit in the writ petition. Writ petition is dismissed. ANTONY DOMINIC, JUDGE dmb