Kerala High Court
Annlisa Biju vs State Of Kerala on 21 November, 2024
Author: V.G.Arun
Bench: V.G.Arun
2024:KER:88146
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE V.G.ARUN
THURSDAY, THE 21ST DAY OF NOVEMBER 2024 / 30TH KARTHIKA, 1946
WP(C) NO. 41299 OF 2024
PETITIONER:
ANNLISA BIJU
AGED 15 YEARS
10TH STD STUDENT AT ST. JOSEPH HIGH SCHOOL, PERAVOOR,
KANNUR , REP BY HER MOTHER LISHA JOSE , PANATTIL (H),
MANATHANA P.O, AYOTHUMCHAL, KANNUR –, PIN - 670674
BY ADVS.
M.KIRANLAL
MANU RAMACHANDRAN
R.RAJESH (VARKALA)
SAMEER M NAIR
T.S.SARATH
SAILAKSHMI MENON
SMT.AKHILA B.
JOTHISHA K.A.
AASHI K. SHAJAN
SHIFANA M.
MINZA FATHIMA SALIM M.
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY SECRETARY TO GOVERNMENT, GENERAL EDUCATION
DEPARTMENT, GOVERNMENT SECRETRIATE, THIRUVANANTHAPURAM,
PIN - 695001
WP(C).No.41299/2024
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2 THE DIRECTOR
THE DIRECTOR OF PUBLIC INSTRUCTIONS ,
THIRUVANANTHAPURAM., PIN - 695001
3 THE DEPUTY DIRECTOR OF EDUCATION
OFFICE OF THE DEPUTY DIRECTOR OF EDUCATION, KANNUR
DISTRICT., PIN - 670002
4 DISTRICT EDUCATIONAL OFFICER,
OFFICE OF THE DISTRICT EDUCATIONAL OFFICER, THALASSERY,
KANNUR DISTRICT, PIN, PIN - 670101
5 THE CHAIRMAN, APPEAL COMMITTEE
IRITTY SUB DISTRICT KERALA SCHOOL KALOTSAVAM 2024-2025,
OFFICE OF THE DISTRICT EDUCATIONAL OFFICER, THALASSERY,
KANNUR DISTRICT,, PIN - 670101
6 THE CONVENER, PROGRAMME COMMITTEE
IRITTY SUB DISTRICT KERALA SCHOOL KALOTSAVAM 2024-2025,
OFFICE OF THE DISTRICT EDUCATIONAL OFFICER, THALASSERY,
KANNUR DISTRICT, PIN - 670101
7 THE CONVENER
PROGRAMME COMMITTEE, KANNUR REVENUE DISTRICT SCHOOL
KALOTSAVAM 2024-25 AT VOCATIONAL HIGHER SECONDARY
SCHOOL, PAYYANNUR, KANNUR-, PIN - 670307
OTHER PRESENT:
SRI.SUNIL KUMAR KURIAKOSE, SR.GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
20.11.2024, THE COURT ON 21.11.2024 DELIVERED THE FOLLOWING:
WP(C).No.41299/2024
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V.G.ARUN, J
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W.P.(C).No.41299 of 2024
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Dated thi Dated this the 21st day of November, 2024y of
November, 2024
JUDGMENT
The petitioner's team participated for the item 'Group
Dance' High School category in the Sub-District Kalolsavam in
Kulakkad, Kannur and secured second place with 'A' Grade.
Dissatisfied with the result, the petitioner's team filed an
appeal and the appeal committee having rejected the appeal,
has approached this court.
2. Learned Counsel for the petitioner contended that
the order does not reflect application of mind to the grounds
urged in the appeal. It is submitted that in the appeal, the
petitioner's team have specifically contended that a safety pin,
which had fallen on the carpet had pierced the heel of one of
the team members, thereby affecting the team's performance.
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It is submitted that, taking all these factors into consideration
the petitioner's team should be allowed to participate in the
Revenue District Kalolsavam.
3. Learned Government Pleader contended that,
innumerable number of appeals are filed after each competition
item and members of the appeal committee being Government
officials, have other duties. They are also bestowed with the
duty of organising the Revenue District Kalolsavam, which
takes place immediately after the Sub-district Kalolsavam. The
delay in deciding appeals is due to the above reasons and in the
case at hand, the appeal committee having considered and
found the petitioners' complaint to be baseless, no interference
is warranted.
4. A perusal of the order passed by the appeal
committee shows that the grounds raised in the appeal were
considered. The orders passed by a committee of this nature
cannot be expected to be having the same standard as that of
judicial or quasi judicial bodies. Further, as held by this Court
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in Rhomy Chandra Mohan v. General Convener,
Balakalotsavam and Yuvajanotsavam [1992 KHC 211], this
Court cannot sit in appeals over such orders in a proceeding
under Article 226. It is also not within the province of this
Court to re-assess the merits or demerits of candidates, whose
performance has been evaluated by competent judges. In this
context it will be worthwhile to extract the following erudite
exposition in Sweety v. State of Kerala [1994 KHC 216].
"While dealing with these cases it came to my notice that there
are functionaries like 'Judges', 'Appeal Committee', etc.
functioning under the rules framed for the conduct of competi-
tions. Those bodies cannot be equated with ordinary judicial or
quasi judicial bodies. As pointed out earlier, they are purely
internal bodies of the educational institutions intended to sub-
serve discipline among students in situations where disputes are
likely to occur. The exercise of their functions is completely
confined to the field of Youth Festival where the discipline is
absolutely necessary for the proper conduct of different
competitions among the students. The decisions will have to be
taken in certain cases on the spot and I fail to see how such
decisions can be challenged in these proceedings. The
assessment of performance of the participants are made by the
'judges'. Their wisdom and reason are final in such internal
matters of educational institutions. However as an abundant
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caution the appeals are provided before the 'appeal committee'
against the decision of the 'Judges'. The decision of the 'appeal'
committee' shall be accepted as conclusive and final by the
students and all others. That is purely a matter of observance of
internal discipline. This court, according to me, will not be
justified in interfering with such assessment of performance
made by the appeal committee in their discretionary powers."
5. Being in agreement with the above precedents and the
petitioners having failed to make out any grossly vitiating
circumstance in the evaluation of their performance, the writ
petition can only be dismissed.
6. While on the subject, it would also be apposite to
mention that, the innumerable writ petitions being filed in
relation to Kalolsavams creates an impression that, Youth
Festivals, which are meant to promote talent and to build
confidence and self esteem of the young participants, is being
perceived as a battle field by some of the parents and teachers,
who are constantly engaged in a mad rush for securing the
highest place for their wards/ students. As rightly observed by
the learned single Judge in Devna Sumesh and Ors. Vs.
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State of Kerala and Ors. [MANU/KE/3788/2022], it is more
important to participate than to win. Winning is not everything
and the parents should also equip their children to accept
failure.
The writ petition is accordingly dismissed, with the above
observations.
sd/-
V.G.ARUN, JUDGE
sj
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APPENDIX OF WP(C) 41299/2024
PETITIONER EXHIBITS
EXHIBIT P1 A TRUE COPY OF THE RECEIPT DATED 30.10.2024
TO THE PARTICIPANT AT THE TIME OF PREFERRING
THE APPEAL
EXHIBIT P2 A TRUE COPY OF THE PARTICIPANTS CARD OF THE
PETITIONER'S TEAM
EXHIBIT P3 A TRUE COPY OF THE ORDER OF THE APPEAL DATED
16.11.2024
EXHIBIT P4 A TRUE COPY OF THE RELEVANT PAGE OF THE
KERALA SCHOOL KALOTSAVAM MANUAL
