IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MR. JUSTICE K.M.JOSEPH TUESDAY, THE 15TH JANUARY 2008 / 25TH POUSHA 1929 WP(C).No. 1873 of 2008(W) ------------------------- PETITIONER: ------------ DIINESH PRABHU, AGED 17 (MINOR), REPRESENTED BY MOTHER LEKSHMI KUBERAN, AGED 52 YEARS, W/O. KUBERAN, KANCHANA VILAYAM, PASCAL ROAD, WEST CHALAKKUDY. BY ADV. SRI.T.M.ABDUL LATHEEF RESPONDENTS: ---------------------- 1. STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, THIRUVANANTHAPURAM. 2. DIRECTOR, HIGHER SECONDARY EDUCATION, THIRUVANANTHAPURAM. 3. DEPUTY DIRECTOR, HIGHER SECONDARY EDUCATION, THRISSUR. 4. APPEAL COMMITTEE, 11TH THRISSUR DISTRICT HIGHER SECONDARY YOUTH FESTIVAL, EMB HSS, KUNNAMKULAM. BY SENIOR GOVERNMENT PLEADER K.MEERA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 15/01/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J.B.KOSHY & K.M.JOSEPH, JJ. ------------------------------------------- W.P.C.NO.1873 OF 2008 ------------------------------------------- Dated this the 15th day of January, 2008 JUDGMENT KOSHY, J. The petitioner along with his group participated in the Revenue District Higher Secondary Youth Festival for orchestra competition. It is contended that the committee has not made sufficient arrangement in the stage to achieve number one position for the petitioner and his group. It is also stated that performance of petitioner's group was better than the group which obtained number one position. Their appeal before the appeal committee also dismissed. We are of the opinion that the marks were given based on the assessment of the performance of each orchestra team and contention of the petitioner was rejected correctly in the appeal. The above decision cannot be interfered under Article 226 of the Constitution. The performance of the team which got first position among the A grade was better than the performance of the petitioner group and only they can participate in State level competition. In the circumstances, the writ petition is dismissed. J.B.KOSHY, JUDGE K.M.JOSEPH, JUDGE csl