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2026 Supreme(Online)(Ker) 13779

IN THE HIGH COURT OF KERALA AT ERNAKULAM
MR. ANIL K.NARENDRAN, MURALEE KRISHNA S., JJ
MARY ANN JOSEPH – Appellant
Versus
STATE OF KERALA – Respondent
WA NO. 526 OF 2026 | WP(C) NO.6065 OF 2026



Advocates:
For the Appellants/Petitioners: SRI.S.S.ARAVIND, SHRI.TINU ABRAHAM
For the Respondents: SRI.VENUGOPAL.V, GP, SRI.SURIN GEORGE IPE, SC, MG UNIVERSITY

Selection for university competitions must adhere strictly to established criteria, past merits alone do not guarantee participation rights, especially in the absence of compliance with procedural requirements.

Headnote:(A) Kerala High Court Act, 1958 - Section 5(i) - Writ appeal challenging dismissal of petition regarding participation in University Youth Festival - Appellant denied selection for specific dance events despite previous merits, claiming discrimination and violation of fundamental rights - Non-selection based on failure to secure first prize at college level and lack of compliance with selection procedures as per Manual. (Paras 2, 4, 10, 16)

(B) Writ Jurisdiction - Courts should not interfere in academic discretion unless there is clear violation of fundamental rights or perverse decisions. (Paras 16)

Facts of the case:
Appellant sought participation in Bharathanatyam, Kuchipudi, and Folk Dance but was only selected for two other events; claimed discrimination against her right to participate for title consideration.

Findings of Court:
Appellant failed to establish violation of rights or procedural non-compliance; the conclusions drawn were not perverse or illegal.

Issues: The main issues include the adherence to University guidelines in selection for the Youth Festival and the rights of students in selection processes.

Ratio Decidendi: The court affirmed that participation rights are contingent upon performance as per prevailing selection criteria and that past achievements do not guarantee future selection where eligibility requirements were not met.

Result: Writ appeal dismissed.

Table of Content
1. eligibility and rights of the participant. (Para 1 , 2 , 3)
2. selection criteria for competition participation. (Para 4 , 5)
3. importance of pleadings and proper procedure. (Para 6 , 10 , 11 , 12 , 14)
4. court's role and intervention limits in internal procedures. (Para 7 , 13 , 15 , 16)
5. pleading requirements in writ petitions. (Para 8 , 9)

JUDGMENT

Muralee Krishna, J.

The petitioner in W.P.(C)No.6065 of 2026 filed this writ appeal under Section 5 (i) of the Kerala High Court Act , 1958, challenging the judgment dated 17.02.2026 passed by the learned Single Judge in that writ petition.

2. The appellant-petitioner is a 3rd year B.A. Degree (English Literature and Communication Studies) student in the 5th respondent College affiliated to the 2nd respondent Mahatma Gandhi University (M.G. University for short). As per the pleadings in the writ petition, the appellant is aggrieved by her non- selection by the College to participate in the events, Bharathanatyam, Kuchipudi and Folk dance in the M.G. University Intercollegiate Youth Festival 2026, scheduled to be held from 27.02.2026 to 05.03.2026.

3. The appellant pleads that she participated in the dance events in Category of Kerala Natanam, Nangyar Koothu, Bharatha Natyam, Kuchippudi and Folk Dance in different stages and obtained merit certificates from the CBSE level and at the university level. The appellant had talent and interest in the above category of dance performance and continued her dance practice under the Natyakala and also now under the guidance of Kalakshethra Amalnath, who was once selected as Kala Prathibha in the M.G. University. The 5th and 6th respondents selected the appellant to participate in the Youth festival for the items of Kerala Natanam and Nangyar koothu alone and not selected the appellant to participate in the items Bharatanatyam, Kuchipudi and Folk Dance and denied the chance of the appellant’s right to participate in the above items and it will adversely affect the inclusion of the name of the appellant in the title of Kala Thilakam. Only if a candidate participates in 5 items, he or she will be considered for the title of Kala Thilakam. So the action of the respondents is clear discrimination and against natural justice and violation of the fundamental rights of the Constitution. The respondents purposefully did not consider the representation submitted by the appellant to participate individually to perform the Kuchipudi, Folk Dance and Bharathanatyam in the M.G. University Intercollegiate Youth Festival (Inamayi) 2026. The representation is still pending before the respondents. With these pleadings, the appellant filed the writ petition under Article 226 of the Constitution of India seeking the following reliefs:

“(i) Issue a writ in the nature of mandamus or any other appropriate writ, order or direction directing the respondents to Call for the entire records which leading to the case and to allow the petitioner to participate in the items of Bharathanatyam, Kuchipudi and Folk Dance in the Mahatma Gandhi University Intercollegiate Youth Festival (Inamayi) 2026 which will be held at Thiruvalla on 27th February till March 5th 2026.

ii. Issue a writ in the nature of mandamus or any other appropriate writ, order or direction directing the respondents to participate the petitioner individually in the items of Bharathanatyam, Kuchipudi and Folk Dance in the Mahatma Gandhi University Intercollegiate Youth Festival (Inamayi) 2026 which will be held at Thiruvalla on 27th February till March 5th 2026”.

4. On 17.02.2026, the learned Single Judge dismissed the writ petition. Paragraphs 4, 5 and the subsequent paragraphs of that judgment read thus:

“4. Participation in the Intercollegiate University Youth Festival is based on a selection carried out in each event. Only the first-prize winners at the college level are permitted to participate in the intercollegiate competition. Petitioner admittedly could not secure first prize at the col

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