IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE CHIEF JUSTICE MR.J.CHELAMESWAR & THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON MONDAY, THE 13TH DECEMBER 2010 / 22ND AGRAHAYANA 1932 WA.No. 2083 of 2010() --------------------- AGAINST THE JUDGEMENT/ORDER IN WPC.36821/2010 Dated 09/12/2010 .................... APPELLANT: -------------- REMYA GEORGE (MINOR), STANDARD XII, ST. SEBASTIAN'S HIGHER SECONDARY SCHOOL, KOCHI - 6 REP. BY HER MOTHER JESSY GOERGE, AGED 48, W/O GEORGE, PAYYAPPILLIL HOUSE, KONAM, PALLURUTHY, KOCHI - 6 BY ADV. MS. JAYASREE MANOJ RESPONDENTS: ---------------------- 1. THE ORGANIZING COMMITTEE FOR MATTHANCHERRY SUB - DISTRICT SCHOOL KALOLSAVAM 2010 - '11, REPRESENTED BY ITS GENERAL CONVENOR, ST. MARY'S ANGLO INDIAN GIRLS HIGH SCHOOL, FORT KOCHI, KOCHI 682 001 2. THE APPELLATE COMMITTEE, MATTHANCHERRY SUB - DISTRICT SCHOOL KALOLSAVAM 2010 - '11, REPRESENTED BY ITS CONVENOR, THE ASSISTANT EDUCATIONAL OFFICER, MATTACHERRY 02. 3. THE ORGANIZING COMMITTEE FOR ERNAKULAM REVENUE DISTRICT SCHOOL KALOLSAVAM 2010 - 2011, REPRESENTED BY ITS GENERAL CONVENOR, DEPUTY EDUCATION OFFICER, ERNAKULAM 16 BY SENIOR GOVERNMENT PLEADER MR. BENNY GERVASIS THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 13/12/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J. CHELAMESWAR, C.J. & P.R. RAMACHANDRA MENON J. ~~~~~~~~~~~~~~~~~~~~~~~ W.A. No. 2083 OF 2010 ~~~~~~~~~~~~~~~~~~~~~~~ Dated, this the 13th day of December, 2010 JUDGMENT J. Chelameswar, C.J. Aggrieved by judgment dated 09.12.2010, the unsuccessful petitioner in W.P.(C) No. 36821 of 2010 has preferred this appeal. 2. The appellant is a XIIth Standard student studying in St. Sebastian's Higher Secondary School, Palluruthy. The grievance of the appellant is that, in a competition of Bharathanatyam and Folk dance in the Mattancherry Sub - District School Kalolsavam for the year 2010 - '11, the appellant could not perform well, though the appellant is otherwise accomplished in both the abovementioned items, in view of certain inadequate arrangements made by the respondents authorities. Aggrieved by the decision of the judges in deciding the competency of the contestant candidates, the appellant preferred the appeals. It may be mentioned herein that the appeals were heard by the Appeal Committee of the Sub-District School Kalolsavam. The said appeals of the appellant herein were rejected by the said committee, hence the appellant herein approached this Court, by way of Writ Petition, with the prayers as follows: W.A. 2083 of 2010 2 i. Call for the records leading to Exhibits P1 and P2 and issue a Writ of Certiorari or any other appropriate writ, direction or order quashing the same. ii. Issue a Writ of Mandamus or any other appropriate writ or direction to the respondents directing them to permit the petitioner to participate in Bharathanatyam and Folk dance competitions in the Higher Secondary category for girls in the Ernakulam Revenue District School Kalolsavam 2010 - 2011 to be held at Muvattupuzha from 11.12.2010. iii. Pass such other orders which are deemed fit and proper to meet the ends of justice and which may be prayed for from time to time. 3. The learned Judge dismissed the Writ Petition. The relevant portion is as follows: 3. In this case, admittedly, the expert judges have assessed the performance of the petitioner and she has not secured first prize in both the items. In so far as the complaints raised by the petitioner are concerned, as can be seen from Exts. P1 and P2, the same stage was made available to all the contestants and no other contestants has raised similar complaints. On the other hand if what the petitioner contends is factually true, such complaints would have come from other contestants also. Further since the stage and sound system available was common for all, no prejudice special to the petitioner could have been caused. 4. In such circumstances, this Court will not be justified in upsetting the assessment done by the judges. The Writ Petition fails and is dismissed. 4. We totally agree with the conclusion arrived at by the learned Judge in the judgment under appeal. Apart from the reasons recorded by W.A. 2083 of 2010 3 the learned Judge, we are of the opinion that the issue raised by the appellant is not a justiciable one. The Appeal is dismissed at the admission stage. J. CHELAMESWAR, CHIEF JUSTICE P. R. RAMACHANDRA MENON, JUDGE kmd