High Court Kerala High Court

Vinayan P. vs The District Educational Officer on 10 January, 2011

Kerala High Court
Vinayan P. vs The District Educational Officer on 10 January, 2011
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 612 of 2011(B)


1. VINAYAN P., CONVENER,
                      ...  Petitioner

                        Vs



1. THE DISTRICT EDUCATIONAL OFFICER,
                       ...       Respondent

2. THE DEPUTY DIRECTOR OF EDUCATION,

3. THE CONVENER,

4. THE CONVENER,

                For Petitioner  :SRI.R.K.MURALEEDHARAN

                For Respondent  : No Appearance

The Hon'ble MR. Justice ANTONY DOMINIC

 Dated :10/01/2011

 O R D E R
                       ANTONY DOMINIC, J.
                    ================
                    W.P.(C) NO. 612 OF 2011
                =====================

           Dated this the 10th day of January, 2011

                         J U D G M E N T

In the Parappanangadi Sub District Level Kalolsavam,

petitioner’s team participated in Drama Competition. They were

awarded 3rd prize. Petitioner filed an appeal complaining that the

venue was changed at the last minute and that the sound system

was not proper. It was also complained that there was power

failure affecting their performance. Despite the contentions, his

appeal was rejected without considering any of the grounds as

per Ext.P2 order. It is challenging Ext.P2 and seeking a direction

to permit the petitioner’s team to participate in the Revenue

District Competition, the writ petition is filed.

2. Learned Government Pleader has obtained instructions

in the matter. According to the learned Government Pleader, the

first and second prize winners had secured 251 and 225 marks

respectively, whereas the petitioner’s team had secured only 198

marks. As far as the allegation regarding power failure is

concerned, learned Government Pleader submits that a report

was obtained from the Stage Manager, who has denied the said

WPC No. 612/11
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allegation. In so far as the change of venue is concerned, learned

Government Pleader submits that due to the circumstances

prevailing, such a stage was necessitated and that among the five

contestants, nobody other than the petitioner had raised any

complaint in that behalf.

3. First of all, there is vide disparity in the marks obtained

by the petitioner’s team as compared to first and second prize

winners. Secondly, first and second prize winners who will be

prejudiced by any order obtained by the petitioner have not been

impleaded in this writ petition. Thirdly, the allegation of power

failure put forward by the petitioner has been denied by the

respondents and there is nothing to reject the said version. That

apart, even if there was change of venue, since no other

participant has complained about it and as no prejudice, special

to the petitioner, could have been caused, I see no reason to

interfere.

Writ petition is dismissed.

ANTONY DOMINIC, JUDGE
Rp