IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN WEDNESDAY, THE 30TH DECEMBER 2009 / 9TH POUSHA 1931 WP(C).No. 37736 of 2009(J) ----------------------------------- PETITIONER(S): ----------------------- SUMAYYA ASHRAF, AGED 15 YEARS, MINOR REPRESENTED BY HER FATHER, MUHAMMED ASHRAF, KAVUMMURIYIL HOUSE, CHUNKAPARA P.O., PATHANAMTHITTA DISTRICT. BY ADV. SRI.ESM.KABEER RESPONDENT(S): ------------------------- 1. THE DIRECTOR OF PUBLIC INSTRUCTIONS, THIRUVANANTHAPURAM. 2. THE DEPUTY DIRECTOR OF EDUCATION, KOTTAYAM. 3. THE CHAIRMAN, APPEAL COMMITTEE, DISTRICT EDUCATIONAL OFFICER, KANJIRAPPALLY. 4. PRINCIPAL, MUSLIM HIGHER SECONDARY SCHOOL, KANGAZHA P.O., KOTTAYAM DISTRICT. BY PUBLIC PROSECUTOR MR.NOBLE MATHEW THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 30/12/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.SIRI JAGAN, J. ------------------------------------ W.P.(C). NO.37736 OF 2009 -------------------------------------- Dated this the 30th day of December, 2009 JUDGMENT The petitioner was a member of a team which participated in the Sub District Youth Festival in Oppana on 10.12.2009 at St. John's Baptist Higher Secondary School, Nedumkunnam. They got only 2nd prize with 'A' Grade. The 4th respondent got the 1st prize with 'A' Grade. Petitioner filed Ext.P1 appeal before the appeal committee against the marks awarded. It was rejected by Ext.P2 Order. It is under the above circumstances the petitioner has approached this Court seeking the following reliefs:- “(i) To call for the records relating to Ext.P1 to P3 and to issue a writ of mandamus directing the respondents to permit the petitioner's team to participate in the Revenue District Youth Festival in 'Oppana' item scheduled to be conducted on 2nd January, 2010 at Pala. (ii) To issue a writ of Certiorari quashing Ext.P2 order passed by the 3rd respondent. (iii) To declare that the petitioner's team is entitled to got 1st prize with 'A' Grade in the 'Oppana' Item in the Sub district Youth Festival conducted on 10.12.09 at St.John's Baptist Higher secondary School, Nedumkunnam. (iv) Any other reliefs also may be granted in order to meet out justice considering the circumstances of the case.” W.P.(C). NO.37736 OF 2009 2 2. Heard the learned counsel for the petitioner as also the learned Government Pleader. 3. The Jurisdiction of this court in such matters is very limited. This court is not an expert in judging performing arts. The only allegation raised against Ext.P1 appeal is that the stage was below par and that the common opinion of the audience was that the petitioners team had performed better. As far as the first reason is concerned that was applicable not only to the petitioner's team but to all teams including the 1st prize winning team. Therefore, on that ground the petitioner cannot claim any better right. As far as the 2nd reason is concerned opinions may differ and what is the material is the opinion of the judges which was against the petitioner. In the matter of award of first prize, in so far as the petitioner has not proved any malafides against the judges, I am not satisfied, that this Court can enquire interfere with the award of the first prize to the 4th respondent. I do not find any merit in the writ petition. Accordingly this writ petition is dismissed. SIRI JAGAN, JUDGE mns