IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 37779 of 2009(N)
1. SREEDEVI V.S., AGED 15 YEARS,
... Petitioner
Vs
1. STATE OF KERALA REPRESENTED BY
... Respondent
2. DIRECTOR OF PUBLIC INSTRUCTIONS,
3. DEPUTY DIRECTOR OF EDUCATION,
4. DISTRICT EDUCATIONAL OFFICER,
5. ASSISTANT EDUCATIONAL OFFICER,
For Petitioner :SRI.R.SURAJ KUMAR
For Respondent : No Appearance
The Hon'ble MR. Justice S.SIRI JAGAN
Dated :30/12/2009
O R D E R
S. SIRI JAGAN, J.
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W.P.(C) No. 37779 of 2009
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Dated this the 30th day of December, 2009
JUDGMENT
Having been relegated to the second place in the District School
Youth Festival in the Veena recital competition, the petitioner has
approached this Court seeking the following reliefs:-
“i) to issue a writ of certiorari or any other writ, order or
direction quashing Ext.P3;
ii) to declare that the petitioner is qualified to participate in
“Veena recital” Competition in the Kollam Revenue
District School Youth Festival which commences on 31-
12-2009 at Government Model Higher Secondary School,
Kottarakkara;
iii) to issue a writ of mandamus or any other writ order or
direction to respondents 1 to 4 to permit petitioner to
participate in “Veena Recital” competition in the Kollam
Revenue District School Youth Festival which commences
on 31-12-2009 at Government Model Higher Secondary
School, Kottarakkara and
vi) to such other reliefs that this Honourable Court may deem
fit and proper in the nature and circumstances of the case”.
2. Petitioner contends that the entire procedure adopted by the
respondents for award of marks as well as the disposal of the appeal filed by
W.P.(C) No. 37779/09 2
her are against the guidelines prescribed for the same in the Manual
governing the conduct of the Youth Festival. According to her, by Ext.P8,
which is the extract from the Manual for conduct of School Youth Festival,
for separate aspects of the performance of candidates, separate marks have
been prescribed. She also points out that in the score sheet provided to the
Judges, as evidenced by Ext.P5, score for each value points have to be
separately given, but, as is clear from Exts.P4 to P7, score for each value
points have not been given by the Judges for the contest and total marks
only have been given, which is against the guidelines in the Manual itself.
She further submits that as per the Manual, appeal filed by a candidate has
to be disposed of within five days, which has not been done in this case.
The petitioner, therefore, submits that in so far as the entire process has
been against the guidelines of the Manual, the petitioner should also be
permitted to participate in the District School Youth Festival.
3. Heard the learned Government Pleader also.
4. I am dismayed that the respondents have acted in an irresponsible
manner in the conduct of the District Youth Festival, as is clear from
Ext.P8. The Judges are bound to mark separate scores for each value points
like “Nadam”, “Ragabhavam”, “Thalam” and the like in the score sheet. As
W.P.(C) No. 37779/09 3
is evidenced from Exts.P4 to P7, which are copies of the score sheets, that
has not been done. So also appeal has to be disposed of within five days,
which also admittedly has not been done. Respondents must realize that
guidelines are prescribed in for compliance and not for violating the same.
In fact it is because of such irresponsible conduct of the respondents that
these kinds of litigation arise. I am of the opinion that the respondents will
do well, at least in future, to avoid such violation of the guidelines
prescribed by themselves.
5. However, that is no ground to permit the petitioner to take part in
the District Level School Youth Festival competition,which is restricted
only to first prize winners in Sub District level competiton. For permitting
the petitioner, I have to assess the comparative merit between the petitioner
and the winner. That winner is not made a party in this writ petition. Apart
from that, although separate score for each value points have not been
given, the total marks awarded to the first prize winner and the petitioner
has a difference of 12 marks. I am unable to find that the petitioner,
therefore, is eligible to participate in the District Level School Youth
Festival competition only because of the irregularities committed by the
respondents.
W.P.(C) No. 37779/09 4
6. In the above circumstances, I do not find any merit in the writ
petition. Accordingly, the writ petition is dismissed, subject to the above
observations regarding the conduct of the School Youth Festival by the
respondents at least in future.
S. SIRI JAGAN, JUDGE.
Mn.