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2023 Supreme(Online)(KER) 6199
HIGH COURT OF KERALA
SHAJI P.CHALY, J
B. MALAVIKA NAMBOOTHIRI – Appellant
Versus
MAHATMA GANDHI UNIVERSITY - M.G.UNIVERSITY – Respondent
WP(C) 2855/2023
APARNA C.MENON, ARUN CHANDRAN, K.RAJESH KANNAN, GEORGE SEBASTIAN, ARUN LUCKOSE ABRAHAM, E.D.GEORGE, LINU G. NATH, BENET SELVAN, S.BRISONE T. MATHEW
The court reaffirmed that evaluation by judges in extracurricular competitions is generally immune from judicial review unless there's gross irregularity or mala fides in the process.
Headnote:
Judgment - Cultural Events - Article 226 - The summary discusses the court's interpretation of the powers within educational institutions regarding the conduct and evaluation of extracurricular competitions, emphasizing the assessment's objectivity and the limits of judicial intervention.
Fact of the Case:
The petitioners contested their elimination from selection for a cultural event organized by their college, claiming inadequate performance evaluation and procedural deficiencies. They argued that the time allotted for performances was significantly lower than that prescribed by the university's guidelines.
Finding of the Court:
The court found no evidence of arbitrariness or illegality in the evaluation process by the judges. It emphasized that the decision-making process in competitions falls within the discretion of the educational authorities and judges, which the court could not override without evidence of gross irregularities.
Issues: The main issues revolved around the alleged unfair judgment processes and the adherence to competition guidelines regarding performance time and participant evaluation.
Ratio Decidendi: The court upheld that the assessment of performance is primarily the responsibility of the judges, emphasizing their expertise and the subjective nature of such evaluations, thus limiting the scope for judicial review under Article 226.
Final Decision: The writ petitions were dismissed.
JUDGMENT
The captioned writ petitions are materially connected in respect of elimination of the petitioners from selection to various cultural events conducted by Sacred Heart College, Thevara to qualify the students to participate in the Mahatma Gandhi University Intercollegiate Youth Festival scheduled from 08.02.2023 to 12.02.2023 at Ernakulam. Therefore, I heard them together and proposed to pass this common judgment.
2. The petitioners in W.P.(C) Nos. 2855 of 2023 and 2867 of
2023 have participated in the Kerala Natanam competition. Only the first place winner would be selected to participate in the Mahatma Gandhi University Youth Festival. Admittedly, the petitioners could secure second and third place respectively in the intra collegiate competition. Being aggrieved, they have submitted a representation before the Principal of the College and as per the direction issued by the Principal, the said event was conducted again with all the participants. In that process, one of the petitioners i.e., the petitioner in W. P. (C) No. 2867 of 2023 was placed second and the petitioner in W.P.(C) No. 2855 of 2023 became fourth. Even though an appeal was preferred before the Grievance Committee of the College, it was also rejected stating that the decisions of the Judges are considered to be final.
3. The paramount contention advanced by the petitioners is that as per the guidelines issued by the Mahatma Gandhi University, the kerala Natanam competition has a duration of 15 minutes for each participants; whereas, in the guidelines issued by the Sacred Heart College, Thevara, 10 minutes is provided to each participants. But, according to the petitioners, all the participants were provided only 4 minutes and therefore, the participants could not make their performance to the fullest extent and the best manner in order to impress the Judges, and enable the Judges to evaluate the participants.
4. A counter affidavit is filed by the College in both the writ petitions refuting the allegations raised in the writ petitions. Among other contentions, it is stated that on account of the representation submitted to the Principal, the competition was conducted again and all participants were permitted to perform again on 18.01.2023. However, the petitioners could secure only the fourth and second place respectively. It is also submitted that the Grievance Committee considered the issue and was of the opinion that the evaluation made by the Judges need not be altered.
5. Insofar as W.P.(C) No. 3910 of 2023 is concerned, the petitioner participated in the Wind Instrument Western and among two participants, the petitioner became second. The grievance highlighted by the petitioner is that he performed better than the first prize winner. It is also contended that the petitioner is selected to three other cultural events and therefore, if he is permitted to participate in the intercollegiate Youth Festival, there is a likelihood of the petitioner becoming kalathilakam.
6. I have heard the learned counsel for the petitioners Sri Arun Chandran, Sri. K. Rajesh Kannan and Sri. E.D. George in the respective writ petitions, the learned Standing Counsel for the M.G University, Sri. Surin George Ipe, and the learned counsel for the Sacred Heart College Sri. George Sebastian, and perused the pleadings and material on record.
7. The discussion of facts made above would make it clear that the petitioners are challenging the intra college competition to various events on the ground that their performances were not properly judged by the Judges and consequently, they are unable to participate in the intercollegiate competition conducted by the Mahatma Gandhi University. At the outset, it is made clear that there are no allegations made by any of the petitioners that there is any proved mala fides or nepotism in the matter of evaluation made by the Judges. It is also equally important to note that the allegations made by the petitioners are in respect of the evaluation m
