2026 Supreme(Online)(Ker) 2549
IN THE HIGH COURT OF KERALA AT ERNAKULAM
BECHU KURIAN THOMAS, J
GOWRI SURESH – Appellant
Versus
STATE OF KERALA – Respondent
WP(C) NO. 718 OF 2026
For the Appellants/Petitioners: SMT.T.THASMI, KRISHNAPRIYA G, SHRI. DILEEP S, SMT.ATHIRA A.MENON
For the Respondents: SRI. RAJEEV JYOTHISH GEORGE, GP
Judicial review does not extend to evaluating performances in arts competitions absent exceptional circumstances.
Headnote:The petitioner, a minor, was a participant in the 'Mohiniyattam' event in a school competition, where she appealed her 2nd place evaluation. The court emphasized that judicial review of evaluative decisions made by experts in the performing arts is limited under Article 226. The appeal was dismissed as there were no exceptional circumstances justifying intervention in the decision of the Appellate Authority, supported by previous case law. The writ petition is hence dismissed.
| Table of Content |
|---|
| 1. petitioner participated in a performance event. (Para 1) |
| 2. petitioner argues evaluation was erroneous. (Para 2 , 3) |
| 3. appellate authority found no merit in the appeal. (Para 4) |
| 4. court limits its role in evaluating expert judgments. (Para 5 , 6 , 7) |
| 5. petition dismissed due to lack of exceptional reasons. (Para 8) |
JUDGMENT
Petitioner was a participant in the event 'Mohiniyattam' (Girls)(HS General) in the Kollam Revenue District School Kalolsavam 2025-26. She was placed in the second position with 'A' Grade. Aggrieved by the evaluation conducted, she preferred an appeal. By Ext. P1 order dated 10.12.2025, 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 the first place with A grade. Petitioner contended that there was an error in the judgment committed by the judges while evaluating the performance of the petitioner.
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. The Appellate Authority also noted that there was a difference of 4 marks and that the performance of the petitioner on the day of the event was not up to the mark as claimed by her.
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. An error of judgment while evaluating the performance of a participant in the Kalolsavam cannot be judicially reviewed by this Court in the absence of any specific mala fides or extrinsic reasons. 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 in Devna Sumesh v. State of Kerala [2022 KHC 8081] apart from the Division Bench judgment 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 I have already concluded that there are no exceptional reasons pointed out to interfere with the impugned order of the Appellate Authority, I find no merit in this writ petition.
The writ petition is hence dismissed.
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