2026 Supreme(Online)(Ker) 1346
IN THE HIGH COURT OF KERALA AT ERNAKULAM
MR. BECHU KURIAN THOMAS, J
HARICHANDANA S M – Appellant
Versus
STATE OF KERALA – Respondent
WP(C) NO. 1214 OF 2026
For the Appellants/Petitioners: SMT.PREEJA V.P., SRI.V.P.PRASANTH
Evaluation of performance in arts is inherently subjective and not subject to judicial interference unless exceptional reasons are presented.
Headnote:Relevant laws include Article 226 of the Constitution of India. The petitioner, a participant in a dance competition, was placed 4th and contested the evaluation of judges. The court found no exceptional reasons to interfere with the Appellate Authority's decision. Issues included the validity of evaluation criteria and the court's jurisdiction to judge performance quality. The court reasoned that evaluation in performing arts is subjective and not under its expertise. The writ petition is dismissed.
| Table of Content |
|---|
| 1. petitioner claimed unfair evaluation in a performance. (Para 1) |
| 2. arguments presented regarding performance quality and evaluation errors. (Para 2 , 3) |
| 3. court's reflections on the evaluation process and jurisdiction. (Para 4 , 5 , 6 , 8 , 9) |
| 4. discusses restrictions on judicial interference. (Para 7) |
| 5. conclusion of dismissal of the writ petition. (Para 10) |
JUDGMENT
Petitioner was a participant in the event 'Bharathanatyam (Girls)' in the HSS General District School Kalolsavam 2025-26. She was placed in the 4th place with 'A' Grade. Aggrieved by the evaluation conducted, she preferred an appeal. By Ext. P7 order dated 06.12.2025, the appeal was rejected against which this writ petition has been preferred.
2. I have heard the learned counsel for the petitioner as well as the learned Government Pleader.
3. The main contention urged on behalf of the petitioner was that her performance on the day of the event was par excellence and she ought to have been awarded the first place with A grade. Petitioner contended that the Judges erroneously placed her in the 4th position which is required to be set aside and she be placed in the first place. The learned counsel for the petitioner pointed out that apart from the pen drive not functioning, the petitioner was compelled to rely on a mobile phone to play the music for the dance performance. It was also argued that the subject expert in the Appellate Committee concluded that they were certain anomalies in the dance performance, though the said noting of the subject expert in the Appeal Committee was not furnished to be petitioner despite request.
4. The Appellate Authority had considered her contentions and rejected the same after verifying the score sheets, Stage Manager's report, videograph and also the evaluation sheet.
5. Interference with the evaluation of a performance or the order of the Appellate Authority cannot be subjected to challenge in a writ petition, unless there are exceptional reasons. The contention that on the day of the event the performance of the petitioner was par excellence, is not a matter which can be appreciated by this Court under Article 226 of the Constitution of India . This Court does not have the expertise in appreciating or evaluating performing arts and cannot assess the performance of the candidates.
6.The technical objection regarding the failure of the pen drive to play the music cannot be attributed to the organizers as though the matter was within the control of the petitioner and hence there is no reason to interfere with the impugned order of the Appellate Committee.
7. Apart from the above, the contention raised on the subject experts view, about the anomaly in the performance of the petitioner, this Court finds, on reading of Ext.P7 order, that it was not the expert’s view but the view expressed by one of the Judges as revealed from Ext.P9, that was mentioned in the impugned order. The said expression of the view of the Judge, who evaluated the performance cannot be attributed as the view of the subject expert in the appeal committee. Even otherwise, merely because, the appeal committee came to the conclusion that there were anomalies in the performance, the same cannot be interfered with by this court in this jurisdiction under Article 226 of the Constitution of India . The scope of interference in a proceeding under especially in relation to performing Arts is limited.
8. 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 conclusion regarding the relative merits of the participant