IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI THURSDAY, THE 11TH DECEMBER 2008 / 20TH AGRAHAYANA 1930 WP(C).No. 36594 of 2008(F) -------------------------- PETITIONER(S): ------------------------- ATHIRA A SAJEEV, AGED 17 YEARS, MINOR REPRESENTED BY HER MOTHER ASITHA N.S. PULARI, HOUSE NO.T.15, NATHAJI ROAD, PAPPANAMKODE, THIRUVANANTHAPURAM-695018. BY ADV. SRI.P.B.SURESH KUMAR SRI.LEO GEORGE RESPONDENT(S): ---------------------------- 1. STATE OF KERALA, REPRESENTED BY THE CHIEF SECRETARY TO GOVERNMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. DISTRICT EDUCATION OFFICER, THIRUVANANTHAPURAM DISTRICT, THIRUVANANTHAPURAM. 3. ASSISTANT DIRECTOR, VOCATIONAL HIGHER SECONDARY EDUCATION DEPARTMENT, GOVERNMENT OF KERALA, THIRUVANANTHAPURAM. 4. REGIONAL DEPUTY DIRECTOR, HIGHER SECONDARY EDUCATION DEPARTMENT, THIRUVANANTHAPURAM. 5. GENERAL CONVENER THIRUVANANTHAPURAM NORTH SUB-DISTRICT SCHOOL YOUTH FESTIVAL, SREEMULAVILASAM MODEL BOYS HIGHER SECONDARY SCHOOL, THAMPANOOR, THIRUVANANTHAPURAM. WP(C).No. 36594 of 2008 :: 2 :: 6. APPEAL COMMITTEE, THIRUVANANTHAPURAM' NORTH SUB DISTRICT SCHOOL YOUTH FESTIVAL 2008-09 REPRESENTED BY ITS CHAIRMAN. 7. GENERAL CONVENER, DISTRICT SCHOOL YOUTH FESTIVAL, GOVERNMENT HIGHER SECONDARY SCHOOL, KILIMANOOR, THIRUVANANTHAPURAM. BY GOVERNMENT PLEADER SMT.M.R.SREELATHA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11/12/2008, THE COURT ON ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI, J. ------------------------- W.P.(C).No.36594 of 2008 ------------------------- Dated this the 11th day of December, 2008. JUDGMENT The petitioner, who is studying in the 12th standard, in Nirmala Bhavan Higher Secondary School, Thiruvananthapuram. She had participated in School Youth Festival for the year 2007-08 and secured prize as well. The petitioner had participated in the Thiruvananthapuram North Sub District Youth Festival, along with a team in the event 'group dance' and secured A grade. Another group, which had participated in the District Level Youth Festival, secured first place. The petitioner's team was given second place. On the ground that while they were performing, the curtain placed at the front of the stage fell down, and this had detrimentally affected their performance. An appeal was filed by the team. The appeal was rejected under Ext.P5. This has been challenged in this writ petition. 2. The petitioner's allegation was that the curtains were drawn before the performance of the petitioner's team was completed in its entirety. The W.P.(C).NO.36594/08 :: 2 :: judges adjudged the performance of the rival team. The appellate committee came to the conclusion that there was no illegality or impropriety in the assessment made by the judges. 3. Learned counsel for the petitioner submits that the appellate order is passed, without application of mind by the appellate committee. I am unable to accept this contention. An appellate committee may decide to interfere if there is a grossly arbitrary exercise by the Judges while adjudging the events in a school level festival. It is not correct to expect a mode of exercise of power, as is expected of a quasi judicial authority. Unless there is a demonstrable arbitrariness or abuse of power or a total non-adherence to a fair and reasonable method of assessment, there is very limited scope for this court to interfere under Article 226 of the Constitution. What is involved in a matter of this kind is essentially a subjective assessment of the merits of two or more teams. This court would be obviously not competent to embark upon a reappraisal of the assessment made by persons, who have expertise in the field. W.P.(C).NO.36594/08 :: 3 :: I do not find any merit in this writ petition. Accordingly, the same is dismissed. Sd/- (V.GIRI) JUDGE sk/ //true copy// P.S. To Judge