IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI MONDAY, THE 15TH DECEMBER 2008 / 24TH AGRAHAYANA 1930 WP(C).No. 36889 of 2008(N) -------------------------- PETITIONER(S): -------------------------- JUNEIJA ABDUL KADER,(MINOR), PRESENTATION HIGHER SECONDARY SCHOOL, CHEVAYUR REP. BY HER MOTHER JASMINE, KOZHIKODE. BY ADV. SRI.T.G.RAJENDRAN RESPONDENT(S): --------------------------- 1. THE DEPUTY DIRECTOR OF EDUCATION, KOZHIKODE. 2. THE CHAIRMAN, APPEAL COMMITTEE, KERALA SCHOOL KALOLSAVAM 2008-09 SUB DISTRICT LEVEL COMPETITION, (DISTRICT EDUCATIONAL OFFICER, KOZHIKODE). BY GOVERNMENT PLEADER SMT.N.SUDHA DEVI THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 15/12/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI, J. ------------------------- W.P.(C).No.36899 of 2008 ------------------------- Dated this the 15th day of December, 2008. JUDGMENT The petitioner, a student of the Presentation Higher Secondary School, Chevayoor, participated as a member in the item “Oppana” in the Sub District Level Youth Festival. The team secured only 'C' grade and this was appealed against in terms of the manual. The same was dismissed. The dismissal of the appeal has been challenged in this writ petition for two reasons. Firstly, the mike which was provided was jammed. This affected the performance. Secondly, the judges were seen using mobile phones while tallying the marks of the rival teams. 2. I have gone through Ext.P4. It refers to a fact that very reputed persons, who are well known in their respective disciplines have judged the event and their authenticity is indisputable. The uncertainties in the audio system would have affected not only the petitioner's team, but the other teams as well. There was no factor vitiating the assessment as such. I do not find anything which vitiated the entire performance or any other illegality W.P.(C).NO.36899/08 :: 2 :: warranting interference under Article 226 of the Constitution of India. Writ petition is bereft of merit. It is accordingly dismissed. Sd/- (V.GIRI) JUDGE sk/ //true copy// P.S. To Judge