1994 Supreme(Online)(Ker) 170
KERALA HIGH COURT
P. A. Mohammed, J.
Sweety v. State of Kerala
O. P. No. 21, 29 etc. of 1993
Judicial review is limited to cases of illegality or procedural impropriety in assessments made by internal educational bodies.
Headnote:The present writ petitions concern the participation of candidates in the State Youth Festival. The petitions were filed regarding disputes over the selection process conducted by judges at the District level. The court held that the assessment by judges is conclusive unless clear illegality or mala fides is established. The court deferred to the discretion of educational institutions regarding internal regulations and found no grounds for interference. The petitions were dismissed without costs.
1The petitioners in these writ petitions are participators in the State school Youth Festival for the year 1992 - 1993. Almost all of them had the opportunity of participation in the festival by reason of the interim orders issued by this court as they were otherwise disqualified. Those orders are not absolute, but subject to the final orders in these petitions. The subjects of competition in the present cases are 'Kuchippudi' 'Kathaprasangam', 'Bharafanatygm', 'Ganamela' etc.
2 As per the Procedure followed by the Authorities in this behalf, candidates to participate in different competitions in the State Youth Festival are selected on the basis of their performance in the respective Youth Festival at District level. The disputes in these petitions mainly relate to the selection of candidates in different subjects for participation in the State Youth Festival by the judges at the Sub-district and District level. The common complaint raised before me is that there was no proper assessment of the petitioners' merit either by the original authority or by the appeal committee.
3 The learned Additional Advocate General II submitted that these writ petitions are liable to be dismissed in view of the decision of this, court in Rhomy Chandra Mohan v. Gen. Convenor, Balakalotsavam and Yuvajanotsavam (1992 (1) KLJ 515) His Lordship Justice T. L. Viswanatha Iyer in the above case, while dealing with the grievance of a 'talented girl' in Bharathanatyam who had participated in the Trichur District Yuvajanotsavam held in the year 1992 observed as follows :
"This system of assessment has therefore been adopted for the purpose of assessing the relative merit and the authorities have to depend upon the judgment of the judges appointed for the purpose. May be a different set of judges may take a different view of the matter But that does not mean that the assessment of merit by one set of judges is lacking in validity or otherwise irregular. Assessment of merit is ultimately a matter of objective assessment by a set of impartial judges guided by relevant principles. It is not possible for this court to sit in appeal over such awards in a proceeding under Art.226 of the Constitution. It Ss not within the province of this court to reassess the merits or demerits of candidates participating in a competition made by competent judges appointed for the purpose. This court can interfere only when there is a plain illegality or some malafides or some perversity or some other grossly vitiating circumstance in the assessment of merit."
I respectfully agree with the views expressed by the learned judge in the above decision I strongly place reliance on this decision for disposal of the present writ petitions. In the present cases, I do not find any complaint on the basis of patent illegality, malafides or perversity calling for interference by this court.
4 I would prefer to deal with this question also from a different angle. Every college or school authorities have discretion to adopt any rule or procedure to regulate the curricular or extra - curricular activities of students in their institutions. The educational authorities have also power to frame rules or by - laws for their own guidance in cases where State level or District level functions or festivals are organised to promote extra - curricular activities among students. Under whatever name they are called, they are purely rules, intended to serve internal discipline among the students. The persons or authorities functioning under such rules shall have absolute freedom to control and check the affairs of the students participating in such extra - curricular activities. Of course this freedom is subject to inherent and in - built restrictions. In maintaining internal discipline among students who participate in such functions or festivals, the persons or authorities in charge may adopt different modes for the conduct of the affairs In an orderly manner. According to me such persons or authorities s