IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI WEDNESDAY, THE 17TH DECEMBER 2008 / 26TH AGRAHAYANA 1930 WP(C).No. 36792 of 2008(E) -------------------------- PETITIONER(S): --------------- C.V.NAVANEETH, MINOR, REPRESENTED BY HIS MOTHER MINI.P.A, CHALIPARAMBIL HOUSE, T.K.S.PURAM, KODUNGALLOOR.P.O, THRISSUR DISTRICT. BY ADV. SRI.P.B.SURESH KUMAR SRI.LEO GEORGE SMT.SANDHYA RADHAKRISHNAN RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY THE CHIEF SECRETARY TO GOVERNMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. APPEAL COMMITTEE OF NORTH PARAVOOR SUB DISTRICT SCHOOL YOUGH FESTIVAL, 2008-09,REP; BY ITS CHAIRMAN, THE DISTRICT EDUCATIONAL OFFICER, ALUVA, ERNAKULAM. 3. GENERAL CONVENOR,NORTH PARAVOOR SUB DISTRICT SCHOOL YOUTH FESTIVAL-2008-09,S.N.V.H.S.S NANDHYATTUKUNNAM, NORTH PARAVOOR. 4. GENERAL CONVENOR,ERNAKULAM REVENUE DISTRICT SCHOOL YOUTH FESTIVAL-2008-09,GOVERNMENT HIGHER SECONDARY SCHOOL, ALUVA, ERNAKULAM. 5. S.N.V.H.S.S, NANDHYATTUKUNNAM, REPRESENTED BY ITS PRINCIPAL, S.N.V.H.S.S, NANDHYATTUKUNNAM, NORTH PARAVOOR. BY GOVERNMENT PLEADER SRI.P.N.SANTHOSH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17/12/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI, J ------------------- W.P.(C).36792/2008 -------------------- Dated this the 17th day of December, 2008 JUDGMENT Petitioner participated in the event 'Instrumental Music' in Paravoor Sub District School Kalolsavam, 2008-09. The team of the fifth respondent was adjudged in the first place and this was challenged by the petitioner in appeal. The principal contention taken up therein was that the fifth respondent had used an organ named 'N364' which had pre-recorded music that could be played by inserting floppy. Though this was objected to by the petitioner, objections were not considered. The appeal has been rejected under Ext.P3 and the same is under challenge in the writ petition. 2. Petitioner submits that though a specific ground has been taken up in Ext.P2 that a provision to play pre-recorded programme was inserted in the keyboard, it has not been specifically considered in Ext.P3. W.P.(C).36792/2008 2 3. Learned Government Pleader, on instructions, produced a copy of the tabulation sheet and score sheet stated to have been issued by the Stage Manager that the participants did not use any type of Memory cards, floppy, CD, etc in their music instruments and he has checked it before starting the programme. Ext.P3 order, no doubt, did not specifically refer to the contentions put forward in Ext.P2, in the sense, that it does not specifically deal with the question as to whether a floppy was inserted in the professional keyboard. But Ext.P3 shows that the appellate committee had referred the score sheet and other annexures and had proceeded to reject the appeal. 4. Mr.Suresh Kumar, learned counsel for the petitioner, submits that what is noted in Ext.P3 is an allegation regarding irregularity in the assessment of merit, which is not what was actually urged in Ext.P2. 5. In my view, once the appellate committee had considered the score sheet and annexures and has come to the conclusion that the allegations made in the W.P.(C).36792/2008 3 appeal is not justified or otherwise acceptable, it only need to be treated as an expression of opinion by the appellate committee that the assessment made by the Judges do not warrant any interference. The opinion given by the appellate committee, in matters of this kind, cannot be considered with reference to the parameters that are normally attributed to orders passed by a quasi judicial authority or even by an administrative authority. 6. In the ultimate analysis, the question is whether any grounds have been made out for interference of this Court under Article 226 of the Constitution of India. I am satisfied that no such grounds have been made out. Writ petition is bereft of merit and hence dismissed. V.GIRI, Judge mrcs