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Gouri Nanda.G.M vs The General Convenor
2026 Latest Caselaw 212 Ker

Citation : 2026 Latest Caselaw 212 Ker
Judgement Date : 9 January, 2026

[Cites 3, Cited by 0]

Kerala High Court

Gouri Nanda.G.M vs The General Convenor on 9 January, 2026

Author: Bechu Kurian Thomas
Bench: Bechu Kurian Thomas
                                                2026:KER:1417

           IN THE HIGH COURT OF KERALA AT ERNAKULAM

                           PRESENT

        THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS

   FRIDAY, THE 9TH DAY OF JANUARY 2026 / 19TH POUSHA, 1947

                    WP(C) NO. 108 OF 2026

PETITIONER:

          GOURI NANDA.G.M.
          AGED 17 YEARS
          12TH STD. (PLUS TWO) GOVERNMENT VOCATIONAL HIGHER
          SECONDARY SCHOOL, PARASSALA, THIRUVANANTHAPURAM,
          (THROUGH FATHER/GUARDIAN, GOPALAKRISHNAN NAIR,
          S/O. KRISHNAN NAIR), RESIDING AT CHOTHIS,
          VADAKKE GRAMAM TEMPLE ROAD, PARASSALA,
          THIRUVANANTHAPURAM., PIN - 695001

          SRI.M.SASINDRAN
          SRI.T.S.BHARATH KRISHNA


RESPONDENTS:

    1     THE GENERAL CONVENOR
          (DIRECTOR OF GENERAL EDUCATION) KERALA STATE
          SCHOOL KALOLSAVAM-2025-2026 THRISSUR, PIN - 680001

    2     THE DIRECTOR OF GENERAL EDUCATION
          DIRECOT OF GENERAL EDUCATION, JAGATHI,
          THIRUVANANTHAPURAM, PIN - 695001

    3     THE GENERAL CONVENOR
          (DEPUTY DIRECTOR OF EDUCATION),
          KERALA SCHOOL KALOLSAVAN 2025-2026
          THIRUVANANTHAPURAM DISRICT, PIN - 695036

    4     THE APPELLATE COMMITTEE
          KERALA STATE SCHOOL KALOLSAVAM-2025-2026
          THIRUVANANTHAPURAM DISTRICT
          REPRESENTED BY DEPUTY DIRECTOR OF EDUCATION
          THIRUVANANTHAPURAM, PIN - 695036
                                                          2026:KER:1417
WP(C) NO. 108 OF 2026

                                  2


     5     AMRITHA SUNIL
           12TH STANDARD ST-TERESAS H.S.S., NEYYATTINKARA,
           NEYYATTINKARA, THIRUVANANTHAPURAM, PIN - 695001

           SRI.B.UNNIKRISHNAKAIMAL, SR.GP


      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON   09.01.2026,   THE   COURT   ON   THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
                                                     2026:KER:1417
WP(C) NO. 108 OF 2026

                                   3



               BECHU KURIAN THOMAS, J.
          ==================
                 W.P.(C) No.108 of 2026
          ==================
          Dated this the 9th day of January, 2026

                          JUDGMENT

Petitioner was a participant in the event 'Mohiniyattam' in

the Thiruvananthapuram District School Kalolsavam 2025-26. She

was placed in the third place with 'A' Grade. Aggrieved by the

evaluation conducted, she preferred an appeal. By Ext.P9 order

dated 12.12.2025, 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 the judges erroneously placed her in the

third position which is required to be set aside and that she ought

to be placed in the first place.

4. The Appellate Authority had considered her contentions

and rejected the same after verifying the score sheets, Stage 2026:KER:1417 WP(C) NO. 108 OF 2026

Manager's report, videograph and also the evaluation sheet. The

Appellate Authority also noted that there was a difference of 7

marks between the first place holder and the petitioner and that

the performance 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. 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 2026:KER:1417 WP(C) NO. 108 OF 2026

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 in Sweety v. State of Kerala [1994

KHC 216] and in Devna Sumesh v. State of Kerala [2022 KHC

8081] apart from the Division Bench judgment in Manas

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.

2026:KER:1417 WP(C) NO. 108 OF 2026

The writ petition is hence dismissed.

Sd/-

BECHU KURIAN THOMAS JUDGE NP 2026:KER:1417 WP(C) NO. 108 OF 2026

APPENDIX OF WP(C) NO. 108 OF 2026

PETITIONER'S EXHIBITS

Exhibit P1 A TRUE COPY OF THE INTERIM ORDER DATED 05-12-2023 IN W.P.(C) NO.40463/2023 Exhibit P2 A TRUE COPY OF THE CERTIFICATE AWARDED TO THE PETITIONER IN THE DISTRICT SCHOOL FESTIVAL CERTIFICATE DATED 08-12-2023 Exhibit P3 A TRUE COPY OF THE NEWS ITEM PUBLISHED IN KERALA KAUMUDI DAILY DATED 08.12.2023 Exhibit P4 A TRUE COPY OF THE LETTER DATED 24-07- 2024 ISSUED BY THE SECRETARY, KERALA SANGEETHA NATAKA ACADEMY Exhibit P5 A TRUE COPY OF THE INTERIM ORDER DATED 31-12-2024 IN W.P.(C) 45984/2024 Exhibit P6 A TRUE COPY OF THE CERTIFICATE DATED 08- 01-2025 OF THE STATE SCHOOL KALOLSAVAM 2024-2025, ISSUED TO THE PETITIONER IN THE EVENT `BHARATANATYAM' Exhibit P7 A TRUE COPY OF THE CERTIFICATE DATED 06- 01-2025 OF THE KERALA SCHOOL KALOLSAVAM FOR THE YEAR 2024-2025 ISSUED TO THE PETITIONER IN THE EVENT `KUCHIPPUDI' Exhibit P8 A TRUE COPY OF THE STATE LEVEL ENTRY PASS ISSUED IN THE ITEM `MOHINIYATTAM', TO THE PETITIONER Exhibit P9 A TRUE COPY OF THE ORDER DATED 12.12.2025 ISSUED BY THE APPELLATE AUTHORITY Exhibit P10 A TRUE COPY OF THE ORDER NO.C(4)/5045/2025 DATED 12.12.2025 ISSUED BY THE CHAIRMAN APPEAL COMMITTEE

RESPONDENTS' ANNEXURES: NIL

 
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