The court emphasized the importance of upholding the integrity of event participation and the potential adverse effects of granting interim orders to allow participation.

JUDGMENT :

Ramachandra Menon, J.

Petitioner is stated as aggrieved of the course and proceedings whereby the complaint and I.A.s filed before the Lok Ayukta came to be dismissed attributing blame on the petitioner for not having remitted necessary process charges and also for not being present in person when the case was called.

2. Heard Sri. Cibi Thomas the learned counsel appearing for the petitioner as well as the learned Government Pleader appearing for the respondents.

3. The gist of the factual matrix is that, the petitioner, though participated in the Revenue District Sathrolsavam, was not in a position to secure the first or second place, but for securing the 3rd place with A Grade. Next level of participation is available only to those who have obtained the first position in the feeder level. In the said circumstances, the petitioner sought to challenge the decision of the judging panel by filing a complaint before the Kerala Lok Ayukta, in which the Upa Lok Ayukta passed an interim order dated 23.11.2017, enabling participation. By virtue of the said interim order, the petitioner participated in the State Level Kerala School Sasthrolsvam; but the result stands withheld.

4. The matter came up for consideration before the Upa Lok Ayukta on 17.01.2018. Observing that the petitioner/complainant had not taken any steps for issuance of notice through special messenger ordered by the Upa Lok Ayukta, the complaint was dismissed, holding that necessary consequences will follow.

5. There was no response for nearly two months. After about 57 days of passing the said order, the petitioner filed Ext. P2 petition seeking for restitution of the complaint, along with Ext. P3 petition to condone the delay involved. The matter was considered by the Upa Lok Ayukta on 17.01.2018 and after referring to the sequence of events, it was observed that, neither the complainant nor counsel was present on 17.01.2018 and that no steps were taken to serve notice by special messenger. The Upa Lok Ayukta observed that, it was not at all a fit case to recall the order passed on 07.01.2018, that too after condoning the delay and accordingly, Ext. P4 order was passed in I.A. Nos. 909 and 910 of 2018, which in turn is sought to be interdicted by filing the present writ petition.

6. During the course of hearing, the petitioner could not bring out any tenable ground to persuade us to interfere with the order passed by the Upa Lok Ayukta vide Ext. P4. The conduct of the petitioner/complaint is disclosed in the order, which is not disputed by the petitioner, but for seeking further indulgence of this Court to give one more chance to substantiate his case.

7. We do not find any merit in the contentions. Incidentally, it is relevant to note that this Court has come across various similar orders being passed by the Upa Lok Ayukta, Human Rights Commission, Civil Courts and such other bodies, as a matter of course, granting permission to the lost contestants to participate in the youth festivals at higher levels and on the strength of such orders, they, who otherwise are not qualified for having failed to secure the 'first place' to have the eligibility to participate in the next level of participation secure undue benefit. The adverse circumstances resulted by virtue of such course have been highlighted by this Court on many an occasion, including as to the unsettling of the equilibrium in the time schedule fixed for conducting the festival.

8. The students in favour of whom such interim orders are passed may be persons, as in the instant case, the third prize winner or those who occupy much lower level. The student who got the second place or such other higher position as the case may be, if belongs to poor strata of the society, he will not be in a position to challenge the verdict passed at the feeder level and might be resting at home cursing his fate. In other words, the students who are awarded/rated with the 'second' or such other higher position are made to stay