Back
2023 Supreme(Online)(KER) 6200
HIGH COURT OF KERALA
SHAJI P.CHALY, J
ATHULYA SUNIL – Appellant
Versus
MAHATMA GANDHI UNIVERSITY REPRESENTED BY ITS REGISTRAR – Respondent
WP(C) 2867/2023
APARNA C.MENON, ARUN CHANDRAN, GEORGE SEBASTIAN, ARUN LUCKOSE ABRAHAM(K/000242/2018), K.RAJESH KANNAN, E.D.GEORGE, LINU G. NATH, BENET SELVAN, S.BRISONE T. MATHEW
Judicial review cannot reassess performance evaluations by judges in cultural competitions unless gross illegality is proven.
Headnote:
Competition - Cultural Events - Article 226 - Court Evaluations - Judicial Discretion - Judges’ Authority
Fact of the Case:
The petitioners were eliminated from selection in various cultural events conducted by a college for the Mahatma Gandhi University Youth Festival. They contested the evaluation process, arguing improper timing and inadequate assessment by judges during competitions.
Finding of the Court:
The court found no merit in the petitions, affirming that the evaluation by judges was final and lacked any established mala fides or arbitrary conduct. The court maintained it could not reassess the judges’ performance evaluations under Article 226.
Issues: Whether the evaluation of performance in cultural events was conducted fairly and if the judges’ decisions could be contested in court under Article 226.
Ratio Decidendi: The court emphasized that the assessment of merit in competitions is at the discretion of the judges appointed to the task and that their evaluations are final unless there is proven illegality or mala fides.
Final Decision: The writ petitions are 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
