IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON FRIDAY, THE 1ST JANUARY 2010 / 11TH POUSHA 1931 WP(C).No. 37850 of 2009(A) -------------------------- PETITIONER(S): --------------- SRILAKSHMI.C.S (MINOR), REP. BY HER FATHER AND GUARDIAN SATHIADAMODARAN.C.S, S/O. DAMODARAN.C,S AGED 43 YEARS, 26/99, SRIDHAMAM, CHAVARDAD ILLOM, BHAGAVATHI NAGAR, KUNNATHURUMEDU, PALGHAT. BY ADV. SRI.JACOB SEBASTIAN RESPONDENT(S): --------------- 1. THE GENERAL CONVENER, PALAKKAD REVENUE DISTRICT SCHOOL, KALOLSAVAM 2009-10 (DEPUTY DIRECTOR OF EDUCATION, PALAKKAD) NSSKPTVHSS, OTTAPALAM, PALAKKAD. 2. THE DISTRICT EDUCATIONAL OFFICER, PALAKKAD. BY G.P. SMT. N. SUDHADEVI. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01/01/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.R.RAMACHANDRA MENON, J. =~=~=~=~=~=~=~=~=~=~=~=~=~=~=~=~= W.P.(C) No. 37850 of 2009 =~=~=~=~=~=~=~=~=~=~=~=~=~=~=~=~= Dated this the 1st day of January, 2010 JUDGMENT This writ petition has been filed seeking for a direction to permit the petitioner to participate in the “Classical Music - H.S.” competiton in Palakkad Revenue District School Kalolsavam 2009-'10 to be held from 3-1-2010 on wards at Ottappalam. 2. The case of the petitioner is that during her performance in the Sub District level, the “sruthi box” did not work well due to some interruption in the power supply. It is also stated that the audio system went off and the performance could not be heard. Reliance is placed on Ext.P1 certificate secured by the petitioner on winning the second place in the “Swaralaya State level competition” held at Palakkad on 11-10-2009. It is further contended that, though appeal preferred projecting the grievance of the petitioner, the actual facts and figures were not properly considered by the appellate committee, leading to issuance of Ext.P2 order, passed without much discussion, and hence, sought to be interfered by this Court. 3. Learned Government Pleader appearing for the respondents submits that the candidates who secure the 'first place' in the Sub District level competition alone are permitted to compete in the District level competitions. The petitioner, admittedly, having failed to W.P.(C) No. 37850/09 2 secure the eligibility criteria cannot turn round and say that the performance made by her was above the level of the person who was awarded the first place. It is also brought to the notice of this Court by the learned Sr. Government Pleader, who appeared for the respondents that there was wide disparity in the marks secured by the petitioner and the candidate who secured the first place, by a margin of “19” marks. It is pointed out from the part of the respondents that the case projected by the petitioner in the appeal has been properly considered by the appellate committee and that the same was rejected by Ext.P2. 4. Considering the facts and circumstances as above, this Court is not in a position to assess the relative merits and demerits of the persons concerned. More so, when such exercise has been pursued by the concerned authorities, leading to dismissal of the appeal as borne by Ext.P2. This Court does not find any illegality or impropriety in Ext.P2. No interference is called for. The writ petition is dismissed accordingly. P.R.RAMACHANDRA MENON, JUDGE. mn