WP(C)/37779/2009 of SREEDEVI V.S. Vs STATE OF KERALA on 30 December 2009

JUDGMENT

Having been relegated to the second place in the District School Youth Festival in the Veena recital competition, the petitioner hasapproached this Court seeking the following reliefs:- “i) to issue a writ of certiorari or any other writ, order ordirection quashing Ext.P3;direction quashing Ext.P3;

ii) to declare that the petitioner is qualified to participate in“Veena recital” Competition in the Kollam RevenueDistrict School Youth Festival which commences on 31-12-2009 at Government Model Higher Secondary School,Kottarakkara;“Veena recital” Competition in the Kollam RevenueDistrict 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 ordirection to respondents 1 to 4 to permit petitioner toparticipate in “Veena Recital” competition in the KollamRevenue District School Youth Festival which commenceson 31-12-2009 at Government Model Higher SecondarySchool, Kottarakkara and direction to respondents 1 to 4 to permit petitioner toparticipate in “Veena Recital” competition in the KollamRevenue District School Youth Festival which commenceson 31-12-2009 at Government Model Higher SecondarySchool, Kottarakkara and

vi) to such other reliefs that this Honourable Court may deemfit and proper in the nature and circumstances of the case”.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 her are against the guidelines prescribed for the same in the Manualgoverning 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 havebeen prescribed. She also points out that in the score sheet provided to theJudges, as evidenced by Ext.P5, score for each value points have to beseparately given, but, as is clear from Exts.P4 to P7, score for each valuepoints have not been given by the Judges for the contest and total marksonly 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 hasto 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 hasbeen against the guidelines of the Manual, the petitioner should also bepermitted to participate in the District School Youth Festival.

3. Heard the learned Government Pleader also.

3. Heard the learned Government Pleader also.

4. I am dismayed that the respondents have acted in an irresponsiblemanner in the conduct of the District Youth Festival, as is clear fromExt.P8. The Judges are bound to mark separate scores for each value pointslike “Nadam”, “Ragabhavam”, “Thalam” and the like in the score sheet. As is evidenced from Exts.P4 to P7, which are copies of the score sheets, thathas not been done. So also appeal has to be disposed of within five days,which also admittedly has not been done. Respondents must realize thatguidelines are prescribed in for compliance and not for violating the same.In fact it is because of such irresponsible conduct of the respondents thatthese kinds of litigation arise. I am of the opinion that the respondents willdo well, at least in future, to avoid such violation of the guidelinesprescribed by themselves.

5. However, that is no ground to permit the petitioner to take part inthe District Level School Youth Festival competition,which is restrictedonly to first prize winners in Sub District level competiton. For permittingthe petitioner, I have to assess the comparative merit between the petitionerand the winner. That winner is not made a party in this writ petition. Apartfrom that, although separate score for each value points have not beengiven, the total marks awarded to the first prize winner and the petitionerhas a difference of 12 marks. I am unable to find that the petitioner,therefore, is eligible to participate in the District Level School YouthFestival competition only because of the irregularities committed by therespondents.

6. In the above circumstances, I do not find any merit in the writ petition. Accordingly, the writ petition is dismissed, subject to the aboveobservations regarding the conduct of the School Youth Festival by therespondents at least in future.

S. SIRI JAGAN, JUDGE.

Mn.