IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC TUESDAY, THE 8TH JANUARY 2008 / 18TH POUSHA 1929 WP(C).No. 790 of 2008(R) ------------------------ PETITIONER: ------------ ASWATHY JUGESH B., (MINOR), STANDARD X, OUR LADY'S CONVENT GIRLS HIGH SCHOOL, PALLURUTHY, KOCHI-682 005, REPRESENTED BY HER FATHER JUGESH M.XAVIER, MADAVANA HOUSE, 16/745, THOPPUMPADY, KOCHI-682 005. BY ADV. SMT.JAYASREE MANOJ RESPONDENTS: ------------- 1. THE ORGANISING COMMITTEE FOR THE 20TH ERNAKULAM REVENUE DISTRICT SCHOOL KALOLSAVAM 2007-08, REPRESENTED BY ITS GENERAL CONVENER, DEO, ERNAKULAM. 2. THE APPELLATE COMMITTEE, 20TH ERNAKULAM REVENUE DISTRICT SCHOOL KALOLSAVAM 2007-08, REPRESENTED BY ITS CHAIRMAN, THE DEPUTY DIRECTOR OF EDUCATION, ERNAKULAM. 3. THE ORGANISING COMMITTEE FOR KERALA STATE SCHOOL KALOLSAVAM 2007-08, REPRESENTED BY THE CONVENER, PROGRAMME COMMITTEE, KOLLAM. 4. THE DEPUTY DIRECTOR OF EDUCATION, KOLLAM. 5. K.PRAMOD DAS, S/O. UNNIKRISHNAN, B/4, SUDHARAM HOUSE, DURGA LANE, PUTHOOR, PALAKKAD DISTRICT. R1 TO R4 BY GOVT. PLEADER MR. I.V. PRAMOD. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08/01/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. = = = = = = = = = = = = = = = = W.P.(C) No. 790 OF 2008 R = = = = = = = = = = = = = = = = Dated this the 8th January, 2008 J U D G M E N T The prayer in this writ petition is to direct the respondent to permit the petitioner to participate in Bharathanatyam, Mohiniyattam and Folk Dance competitions in the Kerala State Kalolsavam 2007-08 to be held at Kollam from 10.1.2008. Petitioner had participated in Bharathanatyam, Mohiniyattam and Folk Dance. In all these items she had secured second prize and she had preferred appeals and the same have also been rejected. It is now disclosed by the Govt. Pleader that orders rejecting the appeals were passed on 6.1.2008. 2. The challenge in this writ petition against the assessment of performance is mainly on the basis that the 5th respondent, one of the judges who had assessed the petitioner's performance, was having malafide intentions against the petitioner. Petitioner submits that in the Keralolsavan competition held in December, 2007, there was an argument between the petitioner's father and WPC No. 790/08 -2- the 5th respondent as a result of which he had harboured ill-feeling against the petitioner. First of all if the petitioner had known that the 5th respondent was also a Judge who was on inimical terms with his father, petitioner could have raised objection to his presence among the judges and that has not been done. That apart, it is now revealed by the Govt. Pleader, on instructions, that the 5th respondent was a judge for Bharathanatyam and Mohiniyattam. For Bharathanatyam the 5th respondent had given 88 marks to both the petitioner as also to the first prize winner. Similarly for Mohiniyattam, the 5th respondent had given 88 marks to the petitioner and 89 marks to the first prize winner. However, it is also disclosed that the other two judges have also rated the first prize winner superior to the petitioner. Therefore, the alleged malafides of the 5th respondent, can be seen to be without any basis in the light of these materials. Writ petition therefore fails and is dismissed. ANTONY DOMINIC JUDGE jan/-