IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM FRIDAY, THE 1ST JANUARY 2010 / 11TH POUSHA 1931 WA.No. 2948 of 2009() --------------------- AGAINST THE JUDGEMENT/ORDER IN WPC.37581/2009 Dated 23/12/2009 .................... APPELLANT(S): PETITIONER IN THE WP(C) ---------------------------------- ASWATHY JUGESH.B.(MINOR) STANDERD XII, SACRED HEART HIGHER SECONDARY SCHOOL, THEVARA, ERNAKULAM, REPRESENTED BY HER FATHER JUGESH M.XAVIER, MADAVANA HOUSE, 16/745,THOPPUMPADY, KOCHI-682005 BY ADV. SMT.JAYASREE MANOJ RESPONDENT(S): RESPONDENTS IN THE WP(C) ------------------------------------ 1. THE ORGANISING COMMITTEE FOR ERNAKULAM EDUCATIONAL SUB-DISTRICT SCHOOL KALOLSAVAM 2009- 2010, REPRESENTED BY ITS GENERAL CONVENER, SACRED HEART HIGHER SECONDARY SCHOOL, THEVARA, ERNAKULAM. 2. THE APPELLATE COMMITTEE, ERNAKULAM EDUCATIONAL SUB-DISTRICT SCHOOL KALOLSAVAM 2009-2010,REPRESENTED BY ITS CONVENER, THE ASSISTANT EDUCATIONAL OFFICER, ERNAKULAM. 3. THE ORGANISING COMMITTEE FOR ERNAKULAM REVENUE DISTRICT SCHOOL KALOLSAVAM 2009-2010, REPRESENTED BY ITS GENERAL CONVENER, DEPUTY EDUCATION OFFICER, ERNAKULAM. 4. KAVYA, STANDERD XI, ST.THERESAS HIGHER SECODNARY SCHOOL, ERNAKULAM. MR.K.B.PRADEEP, GOVERNMENT PLEADER THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 01/01/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.R.RAMACHANDRA MENON & C.K.ABDUL REHIM, JJ. ------------------------- W.A.No.2948 of 2009 --------------------------------- Dated, this the 1st day of January, 2010 J U D G M E N T Ramachandra Menon, J. The appellant is challenging the sustainability of the verdict passed by the learned Single Judge in WP(C) No.37581/2009 dated 23/12/2009, whereby interference was declined with regard to the prayer seeking permission to participate in the District Level Youth Festival being conducted at Ernakulam. 2. The case of the appellant is that she has won several prizes in various dance forms particularly in Kuchippudy, but in the competition in the Sub District Level, she could not get the first prize, so as to enable her to participate in the district level competitions as per the norms fixed in this regard. Met with the circumstances, particularly as to the decision taken by the Judges, the appellant had preferred an appeal before the appellate authority, which is stated as dismissed without properly considering the facts and figures and the specific insinuation made by the appellant with regard to the issue involved. W.A.No.2948/2009 -2- 3. It is contended that the 4th respondent has been given the first prize, because of some extraneous considerations, she being a member of the Dance Troupe run by the son of a teacher by name Ms.Shyamala, who had allegedly arranged the Judges for judging the dance competitions. It was on dismissal of the appeal as stated above, that the appellant chose to approach this Court by filing the writ petition. 4. The learned Single Judge referring to the insinuation made by the appellant/petitioner observed that the allegation raised against the teacher was not liable to be interfered with, particularly in view of the fact that the said teacher was not a party to the proceedings, and that the allegation of bias could not be assumed. It has also been stated that the co-relation attempted to be made between the said teacher and the 4th respondent was not based on any material. Accordingly, interference was declined and the writ petition was dismissed, holding that the facts on record did not generate circumstances warranting interference, in exercise of Article 226 of the Constitution of India, which is under challenge in this writ appeal. W.A.No.2948/2009 -3- 5. The learned counsel for the appellant, with specific reference to the averments in the memorandum of writ appeal, submits that the observation made by the learned Single Judge is wrong and misconceived, and that the teacher by name Ms. Shyamala is not a necessary party at all, particularly in view of the fact that there is no prayer in the writ petition to set aside the first prize given to the 4th respondent, while the limited prayer of the writ petitioner was only to permit her also, to participate in the 'Kuchippudy' competition in the Revenue District School Kalolsavam. 6. As conceded by the appellant in the memorandum of writ appeal, and as stated by the learned counsel, the appellant has no case to set aside the first prize given to the 4th respondent, and it is for this reason that the non inclusion of Ms.Shyamala teacher, in the party array (against whom allegation is made) is sought to be justified. As such, the decision taken by the Judging Committee awarding the first prize to the 4th respondent and the dismissal of the appeal preferred by the appellant before the Appeal Committee, that is the 2nd respondent, stand justified on merits. It is also not in dispute, that only the candidates who secure 'first prize' in the Sub W.A.No.2948/2009 -4- District Level Competitions will be permitted to take part in the District Level Competitions. This being the position, the petitioner has miserably failed to make out a case, to get an entry to the District Level Competition. The verdict passed by the learned Single Judge is very much within the four walls of the law and it does not call for any interference. The writ appeal fails and is dismissed accordingly. Sd/- (P.R.RAMACHANDRA MENON, JUDGE) Sd/- (C.K.ABDUL REHIM, JUDGE) jg // True Copy // PA to Judge.