Judicial review under Article 226 does not extend to evaluating performances in arts unless exceptional circumstances warrant it.

JUDGMENT

Petitioner was a participant in the event 'Bharatanatyam'

in the Kottayam Revenue District School Kalolsavam 2025-26. She secured second place with 'A' Grade. Aggrieved by the evaluation conducted, she preferred an appeal. By Ext.P5 order dated 02.12.2025, 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 is that her performance on the day of the event was par excellence and she ought to have been awarded first place with A grade. Petitioner contended that the Judges erroneously placed her in a wrong position due to a faulty evaluation, which is required to be set aside and she be placed in the first place. According to the petitioner, this is her last chance to participate in the State School Kalolsavam; therefore, she should be permitted to participate in the same.

4. The appellate authority considered her contentions and rejected the challenge. The appellate authority came to such a conclusion after verifying the score sheets, Stage Manager's report, videograph and also the evaluation sheet. The appellate authority also noted that the performance on the day of the event of the petitioner was not up to the mark as that of the first place holder.

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. A candidate’s participation in the State School Kalolsavam is dependent upon winning first place in the District Kalolsavam. Since the petitioner failed to secure first place, she cannot be given a chance to participate in the State School Kalolsavam, notwithstanding the fact that it is her last chance. 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 participants of an event. It is in such circumstances that Courts have repeatedly held that the High Court cannot take the place of an expert and arrive at a conclusion different from that arrived at by the expert bodies.

7. In the decisions inSweety v. State of Kerala [ 1994 KHC 216 ] and inDevna Sumesh v. State of Kerala [2022 KHC 8081] apart from the Division Bench judgments inManas Manohar v. Registrar, Kerala Lok Ayuktha and Others [ 2022 (5) KHC 479 ] and Additional Director of Public Instructions and Others v. Anagha and Others ( 2022 (5) KHC 473 ), it has been observed that this Court would not be justified in interfering with the assessment of performance or the order of the Appellate Committee in exercise of the discretionary power under Article 226 of the Constitution of India , in the absence of any exceptional reasons.

8. Since there are no exceptional reasons pointed out to interfere with the impugned order of the appellate authority,