High Court Kerala High Court

Migha Shajan vs The State Of Kerala on 3 January, 2011

Kerala High Court
Migha Shajan vs The State Of Kerala on 3 January, 2011
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 38798 of 2010(Y)


1. MIGHA SHAJAN, AGED 17 YEARS,
                      ...  Petitioner
2. AMEEMA ABDUL MAJEED, AGED 17 YEARS,

                        Vs



1. THE STATE OF KERALA,
                       ...       Respondent

2. THE CHAIRMAN, APPEAL COMMITTEE,

3. THE CHAIRMAN, ORGANIZING COMMITTEE,

                For Petitioner  :SRI.M.B.PRAJITH

                For Respondent  : No Appearance

The Hon'ble MR. Justice ANTONY DOMINIC

 Dated :03/01/2011

 O R D E R
                      ANTONY DOMINIC, J.
                     ================
                  W.P.(C) NO. 38798 OF 2010
                 =====================

            Dated this the 3rd day of January, 2011

                          J U D G M E N T

Petitioners participated in the Trichur District Schools

Science, Mathematics and Social Science Fair 2010-11. The

product exhibited by the petitioners was an amphy cycle, which

can be used both in water and land. According to the petitioners,

they were awarded third prize with C Grade. Aggrieved by the

prize given, they filed Ext.P14 appeal and that was rejected by

Ext.P15. It is challenging Ext.P15 and seeking a direction to the

respondents to permit the petitioners to participate in the State

Level Competition, the writ petition is filed.

2. The first contention raised by the counsel for the

petitioners is that the first and second prize winners downloaded

the details of the product exhibited by them from the internet and

therefore their products lacked originality. It is stated that

therefore their products ought not have been given any prize at

all.

3. First of all, in my view, in the absence of having

impleaded the two persons against whom allegations are levelled

WPC No. 38798/10
:2 :

as parties in this writ petition, contention that the product

exhibited by them lacked originality, cannot be appreciated.

4. The second contention raised by the petitioners is that

the manual prescribes the quorum for considering the appeal filed

by the petitioners. It is stated that Ext.P15 shows that the appeal

was considered only by the Chairman. However, as rightly

pointed out by the learned Government Pleader, Ext.P15 is only

an order issued by the Chairman communicating the decision of

the Appellate Committee and therefore Ext.P15 does not mean

that the appeal was considered by the Chairman himself. It is

also pointed out by the learned Government Pleader that the

average mark secured by the first prize winner was 81, second

prize winner 73, third prize winner 62.3 and the petitioners 53. In

view of the vide disparity in the marks secured also, I am not

persuaded to interfere with the matter.

Writ petition is dismissed.

ANTONY DOMINIC, JUDGE
Rp