Kerala High Court
WP(C)/37736/2009 of SUMAYYA ASHRAF Vs THE DIRECTOR OF PUBLIC INSTRUCTIONS AND on 30 December 2009
HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN WEDNESDAY, THE 30TH DECEMBER 2009 / 9TH POUSHA 1931 WP(C).No. 37736 of 2009(J) ----------------------------------- PETITIONER(S): ----------------------- SUMAYYA ASHRAF, AGED 15 YEARS, MINOR REPRESENTED BY HER
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT :
THE HONOURABLE MR. JUSTICE S.SIRI JAGAN
WEDNESDAY, THE 30TH DECEMBER 2009 / 9TH POUSHA 1931
WP(C).No. 37736 of 2009(J)
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PETITIONER(S):
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SUMAYYA ASHRAF, AGED 15 YEARS,
MINOR REPRESENTED BY HER FATHER,
MUHAMMED ASHRAF, KAVUMMURIYIL HOUSE,
CHUNKAPARA P.O., PATHANAMTHITTA DISTRICT.
BY ADV. SRI.ESM.KABEER
RESPONDENT(S):
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1. THE DIRECTOR OF PUBLIC INSTRUCTIONS,
THIRUVANANTHAPURAM.
2. THE DEPUTY DIRECTOR OF EDUCATION,
KOTTAYAM.
3. THE CHAIRMAN,
APPEAL COMMITTEE, DISTRICT EDUCATIONAL OFFICER, KANJIRAPPALLY.
4. PRINCIPAL,
MUSLIM HIGHER SECONDARY SCHOOL,
KANGAZHA P.O., KOTTAYAM DISTRICT.
BY PUBLIC PROSECUTOR MR.NOBLE MATHEW
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 30/12/2009, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
S.SIRI JAGAN, J.
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Dated this the 30[th] day of December, 2009
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JUDGMENT
The petitioner was a member of a team which participated in the SubDistrict Youth Festival in Oppana on 10.12.2009 at St. John's BaptistHigher Secondary School, Nedumkunnam. They got only 2[nd] prize with 'A'Grade. The 4[th] respondent got the 1[st] prize with 'A' Grade. Petitioner filedExt.P1 appeal before the appeal committee against the marks awarded. Itwas rejected by Ext.P2 Order. It is under the above circumstances thepetitioner has approached this Court seeking the following reliefs:- “(i) To call for the records relating to Ext.P1 to P3 and to issue a writ ofmandamus directing the respondents to permit the petitioner's team toparticipate in the Revenue District Youth Festival in 'Oppana' itemscheduled to be conducted on 2[nd] January, 2010 at Pala.
(ii) To issue a writ of Certiorari quashing Ext.P2 order passed by the 3[rd]respondent.
(iii) To declare that the petitioner's team is entitled to got 1[st] prize with'A' Grade in the 'Oppana' Item in the Sub district Youth Festivalconducted on 10.12.09 at St.John's Baptist Higher secondary School,Nedumkunnam.
(iv) Any other reliefs also may be granted in order to meet out justiceconsidering the circumstances of the case.”
W.P.(C). NO.37736 OF 2009
2. Heard the learned counsel for the petitioner as also the learnedGovernment Pleader.
3. The Jurisdiction of this court in such matters is very limited. Thiscourt is not an expert in judging performing arts. The only allegationraised against Ext.P1 appeal is that the stage was below par and that thecommon opinion of the audience was that the petitioners team hadperformed better. As far as the first reason is concerned that wasapplicable not only to the petitioner's team but to all teams including the1[st] prize winning team. Therefore, on that ground the petitioner cannotclaim any better right. As far as the 2[nd] reason is concerned opinions maydiffer and what is the material is the opinion of the judges which wasagainst the petitioner. In the matter of award of first prize, in so far as thepetitioner has not proved any malafides against the judges, I am notsatisfied, that this Court can enquire interfere with the award of the firstprize to the 4[th] respondent. I do not find any merit in the writ petition.Accordingly this writ petition is dismissed.
SIRI JAGAN, JUDGE