High Court Kerala High Court

Minor Anoksha Mehaboob vs The Appeal Committee on 10 January, 2008

Kerala High Court
Minor Anoksha Mehaboob vs The Appeal Committee on 10 January, 2008
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C) No. 1196 of 2008(P)


1. MINOR ANOKSHA MEHABOOB, REPRESENTED
                      ...  Petitioner

                        Vs



1. THE APPEAL COMMITTEE, REPRESENTED BY
                       ...       Respondent

2. DIRECTOR OF PUBLIC INSTRUCTION,

                For Petitioner  :SRI.M.K.DILEEP KUMAR

                For Respondent  : No Appearance

The Hon'ble MR. Justice ANTONY DOMINIC

 Dated :10/01/2008

 O R D E R
                             ANTONY DOMINIC, J.



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                      W.P. (C) No. 1196  OF 2008 - P
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                Dated this the  10 th day of January, 2008





                                J U D G M E N T

Petitioner participated in the folk dance in the District Level

Youth Festival and was given second prize. She had filed an appeal

and that was also rejected by Ext. P2. It is in this background the

writ petition has been filed.

2. Petitioner submits that the ground urged in appeal was that

there was some defect in the C.D. System as a result of which her

performance was affected. A reading of Ext. P2 appellate order

shows that there were three second prize winners, two third prize

winners, two fourth prize winners and two fifth prize winners. It

was a very close race and the petitioner would have lost by a minor

variation in marks. The fact remains that even if there was defect in

the C.D. System as complained by the petitioner, instead of raising a

complaint at that time and getting the C.D. System changed or

rectified, the petitioner chose to complete her performance. Since

WPC No. 1196/08

– 2 –

this has been done, it cannot now be said at this belated stage that

the petitioner has been given a lower rank, because of the defect in

the C.D. System.

Writ petition fails and is dismissed.

ANTONY DOMINIC

JUDGE

jan/-