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2022 Supreme(Ker) 972
IN THE HIGH COURT OF KERALA AT ERNAKULAM
Murali Purushothaman, J.
Devna Sumesh – Petitioner
Versus
State of Kerala, Represented by Secretary to Government, General Education Department and Ors. – Respondents
WP(C) No. 40794, 41729, 42040, 42052, 42157, 42238, 42269, 42307, 42438, 42679, 42719, 42720, 42722, 42754, 42761, 42767, 42769, 42775, 42786, 42788, 42797, 42815, 42816, 42832, 42833, 42843 of 2022
Decided On : 27-12-2022
Advocate Appeared:
For the Petitioner: Zakir Hussain, K.A. Sanjeetha
For the Respondent: Sri. Appu P.S. GP
Point of Law : If true spirit of the festival, namely, healthy competition, is inculcated, there will be no cause for any grievances.
Headnote:
Constitution of India, 1950 - Article 226 - Juvenile Justice (Care and Protection of Children) Act, 2015 – Dance – Competitions – Injured - Kerala School Kalolsavam' is arts festival of students of LP, UP, HS, HSS, VHSS of Govt./aided and recognized un-aided schools under General Education Department of State - It is conducted by the General Education Department - Department has introduced Kerala School Kalolsava Manual (hereinafter referred to as 'Manual' for short) laying down guidelines for conduct of Kalolsavam - Students who obtain grades in State level competitions are given academic grace marks as well as cultural scholarships as prescribed by Manual - Competitions are held at four levels namely, School, Sub-District, Revenue District and State - Only those who get a top score with 'A' grade can participate in next level of competition - Petitioners in these writ petitions were participants in Revenue District Level School - As per clause 10.20 of Chapter 10 of Manual, only candidates who get 'A' Grade with top most mark in an item of competition in Revenue District Level School Kalolsavam can participate in State School Kalolsavam - Whether these factors had affected performance of contestants, are again matters which cannot be considered in a writ petition - Common grievances raised in these writ petitions are with regard to assessment of performance and evaluation of marks in competition by judges, poor arrangement of stage by organizers, technical glitches and defective audio system, lack of experts in panel of judges, extraneous considerations in award of marks etc. Para 36
Finding of Court :
Court constrained to dismiss these writ petitions on ground of limitation of jurisdiction under Article 226 of Constitution, in view of averments in some writ petitions that minor contestants got injured by stage being not properly laid, uneven surface, holes and presence of broken bangles, pins and nails on floor of stage, direct Principle Secretary to Government, General Education Department to ensure that no such mishaps happen in future at Kalolsavams at any level and in case of such mishaps, stage managers or/and other organizers responsible for such incidents shall be proceeded against appropriately - Officers responsible for arranging stages shall be made aware of penal consequences that they may entail in such cases, including proceedings under Juvenile Justice (Care and Protection of Children) Act, 2015 - Committee for Manual reforms shall make necessary provisions in the Manual in this regard - It is more important to participate than to win. Winning is not everything and parents shall also equip their children to accept failure - Distorted or misplaced anxieties of parents may make children slip into depression - Kalolsavams shall not be a platform for excess luxury or unhealthy competitions - Hope parents of minor litigants before Court may understand that there may be more talented students in poor strata of society who cannot afford costly costume or bear other expenses for competition or festival.
Result : Writ petitions are accordingly dismissed
JUDGMENT :
Since common issues arise for consideration in these writ petitions, they are heard together and are disposed of by this common judgment.
2. The 'Kerala School Kalolsavam' is the arts festival of students of LP, UP, HS, HSS, VHSS of Govt./aided and recognized un-aided schools under General Education Department of the State. It is conducted by the General Education Department. The Department has introduced Kerala School Kalolsava Manual (hereinafter referred to as the 'Manual' for short) laying down guidelines for the conduct of the Kalolsavam. The students who obtain grades in the State level competitions are given academic grace marks as well as cultural scholarships as prescribed by the Manual. The competitions are held at four levels namely, School, Sub-District, Revenue District and State. Only those who get a top score with 'A' grade can participate in the next level of competition.
3. The petitioners in these writ petitions were participants in the Revenue District Level School Kalolsavam, 2022-2023. As per clause 10.20 of Chapter 10 of the Manual, only the candidates who get 'A' Grade with the top most mark in an item of competition in the Revenue District Level School Kalolsavam can participate in the State School Kalolsavam. The School Kalolsavams in various Revenue Districts were held during the last week of November and first week of December, 2022. The State level festival, viz; Kerala School Kalolsavam 2022-2023, is slated to be held from 03.01.2023 to 07.01.2023 at Kozhikode. The petitioners in these writ petitions are minors, represented by their parents/guardians, who could not qualify for participation in the State level Kerala School Kalolsavam as they could not get top score in their events in the respective revenue districts. Accordingly, they preferred appeals before the Revenue District Level Appellate Committee constituted as per the Manual. Since the appeals were rejected, they have filed these writ petitions.
4. Clauses 14 to 16 of Chapter 10 of the Manual provide as follows:
“10.14 There will be an Appeals Committee to consider complaints regarding the results of competitions. The technical and legal aspects of the competitions should be considered in the Appeals Committee. No revaluation or redistribution is required. The video record can also be checked, if needed, to rule on appeals. There should be an order of action with causal analysis to adjudicate the appeal. The prescribed form should be as given in Appendix III.
10.15 The appeal fee at the revenue level competition will be Rs. 2000/-. If the decision of the appeal is favorable, the entire appeal fee will be refunded.
10.16 The decision of the Appeals Committee shall be final.”
Chapter 13 of the Manual deals with appeal committees including the Revenue District Level Appellate Committee. The provisions as to Revenue District Level Appellate Committee read as follows:
“Revenue District Level Appeal Committee:
1. An Appeal Committee shall be constituted comprising of the Deputy Director of Education and the RDD (HSE) and the VHSE Assistant Director of the respective areas to decide on any grievances against the adjudication of the Revenue District Arts Festival. The Appeal Committee will have 9 members, including the Chairman, prominent artists working in the following various fields of art should be nominated with the consent of the Deputy Director as members. The Convener shall have the power to include experts in any category other than these if required.
1. Expert in Classical dances
2. Expert in Light music
3. Expert in Instrumental music
4. Expert in Painting
5. Expert in Percussion
6. Expert in Linguistics.
2. The term of the Appeal Committee shall be one year or until the formation of the Official Committee for the next year. The official order for the formation of the Appeal Committee is to be issued by the Deputy Director of Education.
3. The CV/bio-data of the members of the Appeal Committee shall be kept by the Chairman.
4. The District Lev
