2026 Supreme(Online)(Ker) 973
IN THE HIGH COURT OF KERALA AT ERNAKULAM
BECHU KURIAN THOMAS, J
MALAVIKA.A.S. – Appellant
Versus
DIRECTOR OF GENERAL EDUCATION – Respondent
WP(C) NO. 700 OF 2026
For the Appellants/Petitioners: SRI.K.RAJESH KANNAN, SHRI.PRAVEEN N. PILLAI
For the Respondents: SRI.RAJEEV JYOTHISH GEORGE, GP
The court emphasized the limited grounds for judicial interference in subjective evaluations by experts in performing arts.
Headnote:This judgment pertains to a writ petition challenging the dismissal of an appeal regarding the petitioner’s placement in a dance competition. The petitioner alleged bias and error in judgment by the appellate authority but the court upheld the authority's decision citing lack of exceptional circumstances to interfere. The court noted the subjective evaluation in performing arts and the inappropriateness of court interference unless clear errors are demonstrated.
Result: The writ petition is dismissed.
| Table of Content |
|---|
| 1. petitioner challenges performance placement in an artistic event. (Para 1) |
| 2. petitioner alleges bias affecting competition results. (Para 2 , 3) |
| 3. court's reluctance to interfere in expert evaluations. (Para 4 , 5 , 6) |
| 4. affirmation of prior case judgments on performance assessment. (Para 7) |
| 5. writ petition dismissed due to lack of merit. (Para 8) |
JUDGMENT
Petitioner was a participant in the event ‘Bharathanatyam Girls-HSS General’ at the Thiruvananthapuram Revenue District School Kalolsavam 2025-2026, and secured 8th position. As a result, she was not quali to participate in the State level School Kalolsavam. Aggrieved by the position she secured in the event, an appeal was preferred before the appellate authority. However, by order dated 12.12.2025, produced as Ext.P11, the appeal was rejected. This writ petition has been filed challenging the aforesaid order.
2. I have heard the learned counsel for the petitioner as well as the learned Government Pleader.
3. Petitioner contends that, even before the event ‘Bharathanatyam, commenced, she had raised a complaint against one of the judges and hence she was purposely pushed down to the eighth position. Even prior to the commencement of the event, petitioner allegedly filed Ext.P7 complaint, raising disputes against one of the judges of the event, pointing out that the said judge was the same person in the last year’s Kalolsavam as well and that he would give first prize to a specific participant. Subsequently, after the event, the participant named by the petitioner in Ext.P7 won the prize. According to the petitioner, the results are totally erroneous, and she ought to be permitted to participate in the State level School Kalolsavam.
4. In the impugned order, the appellate authority considered the contentions raised by the petitioner and came to the conclusion that there was no merit in the allegations. The appellate authority had perused the videographs of the performance of the petitioner as well as that of the first-place holder and came to the conclusion that first-place holder stood far superior than the petitioner in terms of the performance. The report of the stage manager was also perused. The remarks of the judges were considered and no anomalies were identified. The appellate authority also came to the conclusion that the judges were competent and qualified to evaluate the performances, and therefore, concluded that the allegations of the petitioner were baseless.
5. It is noticed from the impugned order there is a reference to the first -
place holder of the last years Kalolsavam in HSS category. However, petitioner was in the High School category in the last year and therefore there is a factual error in the consideration of the contentions by the appellate authority. Even though in the impugned order there is such an error in relation to the last years results as the petitioner was only in the 10th standard and had competed in the high school section, the same by itself is not a reason to interfere with the impugned order. In the performance evaluation by the appellate authority, specific reasons have been given regarding the superior performance of the first-place holder. Though other contentions have also been canvassed by the petitioner, especially regarding the tying of a towel around the foot of the first-place holder, the same cannot be a reason to interfere with the exercise of jurisdiction under Article 226 of the Constitution of India .
6. The evaluation of marks in an event, especially that relating to performing arts, is always relative in nature. Even if one of the performers could be the best in the field, still, on a particular day, the quality of performance can vary. Only the judges who actually evaluate the event at the time, would be able to assimilate the nature of the performance. This Court under Article 226 of the Constitution of India is not an expert to judge or evaluate the performance of the candidates to come to a con