IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC TUESDAY, THE 18TH JANUARY 2011 / 28TH POUSHA 1932 WP(C).No. 1557 of 2011(T) ------------------------------------- PETITIONER: ------------------- K.M. DEENA JOSE, D/O. JOSEKUTTY MICHLE, AGED 18 YEARS, (DATE OF BIRTH 31.12.1992), ST.AUGUSTINE'S GIRLS HIGHER SECONDARY SCHOOL, KOTHAMANGALAM, RESIDING AT KUNNATH HOUSE, PUTHENCRUZ, ERNAKULAM DISTRICT. BY ADVS. SRI.M.P.KRISHNAN NAIR, SRI.V.B.NARAYANAN, SRI. M.P. HARIKUMARAN PILLAI, SRI.ANIYANKUNJU VARGHESE. RESPONDENTS: ------------------------ 1. STATE OF KERALA, REP. BY SECRETARY TO THE MINISTRY OF EDUCATION, GOVERNMENT OF KERALA, THIRUVANANTHAPURAM- 695 001. 2. THE DY. DIRECTOR OF EDUCATION, ERNAKULAM, CIVIL STATION, THRIKKAKARA, CHAIRMAN, ERNAKULAM DISTRICT LEVEL, ERNAKULAM REVENUE DISTRICT SCHOOL KALOTSAVAM 2010-11, GOVERNMENT MODEL HSS, MUVATTUPUZHA – 686 661.. 3. NIYA ALEX AND PARTY, ST.AUGUSTIN GIRLS SCHOOL TEAM, GIRLS HS SCHOOL, MUVATTUPUZHA – 686 661. 4. ST.ANTONY'S HIGHER SECONDARY SCHOOL TEAM, KACHERIPADY, ERNAKULAM – 682 031. R1 & R2 BY GOVT. PLEADER SRI. DILEEP MOHAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18/01/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. ANTONY DOMINIC, J. ------------------------- W.P (C) No. 1557 of 2011 -------------------------- Dated this the 18th January, 2011 J U D G M E N T In the Ernakulam Revenue District Youth Festival, petitioner's team participated in the item " Margam kali". They were given second prize with A grade. They filed an appeal mainly contending that during the performance, one of the participants got injured on the stage. Appeal was considered and rejected by Ext.P4. It is challenging Ext.P4 and the prize given, the writ petition is filed. 2. Learned Government Pleader has obtained instructions in the matter. He submits that the first prize winning team had secured 247 marks whereas the petitioner's team secured only 230 marks. It is also stated that before each team commences its performance, they were given opportunity to verify the suitability of the stage and the petitioner's team also performed after such verification. It is stated that if there was anything on the stage resulting in injury to the participants, it could have happened only account of the negligence of the team. That apart, answering the contention of the learned counsel W.P (C) No. 1557 of 2011 2 for the petitioner that during the performance, the mike went off, producing the copy of the appeal memorandum filed by the petitioner it contended that no such ground was urged. Having regard to the submissions made by the learned Government Pleader, based on the appeal memorandum and other records, I am inclined to agree with him. Therefore, I do not find any merit in the writ petition. Writ petition fails and it is accordingly dismissed. Sd/- ANTONY DOMINIC JUDGE ma /True copy/ P.A to Judge W.P (C) No. 1557 of 2011 3