IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR FRIDAY, THE 8TH JANUARY 2010 / 18TH POUSHA 1931 WP(C).No. 324 of 2010(M) ------------------------------------ PETITIONER(S): ---------------------- ANJALI. S., D/O. N.N. SASIDHARAN NAIR, REPRESENTED BY HER FATHER MR.N.N. SASIDHARAN NAIR, NEELAMALIL HOUSE, THIRUVANCHOOR P.O., KOTTAYAM. BY ADV. SMT.A.SREEKALA RESPONDENT(S): ------------------------ 1. GENERAL CONVENOR (DEPUTY DIRECTOR OF EDUCATION, KOTTAYAM), KERALA SCHOOL KALOLSAVAM 2009-2010, KOTTAYAM DISTRICT. 2. CHAIRMAN, APPEAL COMMITTEE, KERALA SCHOOL KALOLSAVAM 2009-2010, KOTTAYAM DISTRICT. 3. DEPUTY DIRECTOR OF EDUCATION, KOTTAYAM. R1 & R3 BY GOVERNMENT PLEADER MR.P. NARAYANAN. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08/01/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs. T.R. Ramachandran Nair, J. - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No. 324 of 2010-M - - - - -- - - - - - - - - - - - - - - - - - - - - Dated this the 8th day of January, 2010. JUDGMENT The petitioner is a participant in the competition ‘Bharathanatyam’ in the Kerala School Kalolsavam 2009-2010, Kottayam District. She is aggrieved by the arbitrary and illegal action of the judging panel as well as the appeal committee. It is the case of the petitioner that she is an excellent performer in the dance items and she got A grade in the State School Youth Festival in the previous year. Exts.P1(a) and P1(b) are produced in support of the above plea. It is the case of the petitioner that after the completion of all the performances, the result was not announced for a long time and on enquiry it was revealed that three participants got the same mark, eligible to get the first prize and they were waiting for the Deputy Director of Education to come and take a final decision. Finally, as against the practice prevailing, the judging panel have declared the result after the arrival of the Deputy Director of Education after along time and they have declared Miss. Namitha Joshi as the winner in Bharathanatyam. It is further stated that even though the other participants complained before the judges and Deputy Director of Education, they have not even shown the patience to hear them. wpc 324/2010 2 It is submitted that even though the petitioner preferred an appeal, the same was kept aside by the appeal committee. 2. The petitioner filed an application before the third respondent also for getting the original mark sheets prepared by the judges. The petitioner prays that a direction may be issued to the respondents to permit her to participate in the Kerala School Kalolsavam 2009-2010. The petitioner submits that the action of the judging panel as well as the third respondent in declaring the results without considering the fact that the petitioner and another participant have secured the same marks along with the declared candidate as per the original mark list, is highly illegal and unjustifiable. 3. Going by the averments in the writ petition, no serious infirmities have been pointed out with regard to the assignment of marks to the petitioner and the other participants. The allegation of bias is also not proved by cogent evidence. There is a difference in 5 marks also. This Court will be loath to interfere in such matters unless sufficient grounds are made out. Therefore, the writ petition is dismissed. (T.R. Ramachandran Nair, Judge.) kav/