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Kerala High Court
Hina Mubarak vs State Of Kerala on 12 January, 2026
Author: Bechu Kurian Thomas
Bench: Bechu Kurian Thomas
WP(C) NO. 169 OF 2026
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2026:KER:1854
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
MONDAY, THE 12TH DAY OF JANUARY 2026 / 22ND POUSHA, 1947
WP(C) NO. 169 OF 2026
PETITIONER
HINA MUBARAK
AGED 14 YEARS
D/O THASLEENA K, UZHUNNAN HOUSE, THERATTAMMAL,
URANGATTIRI.P.O, MALAPPURAM DISTRICT , REPRESENTED
BY HER MOTHER AND NEXT FRIEND, THASLEENA.K, AGED
39, W/O.MUBNARAK ALI UZHUNNAN, UZHUNNAN HOUSE,
THERATTAMMAL, URANGATTIRI.P.O, MALAPPURAM
DISTRICT, PIN - 673639
BY ADV SRI.P.C.MUHAMMED NOUSHIQ
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY ITS SECRETARY, GENERAL EDUCATION
DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM, PIN -
695001
2 DIRECTOR OF GENERAL EDUCATION
OFFICE OF THE DIRECTOR OF GENERAL EDUCATION,
JAGATHI, THIRUVANANTHAPURAM, PIN - 695014
3 DISTRICT EDUCATIONAL OFFICER
OFFICE OF DISTRICT EDUCATIONAL OFFICER, MALAPPURA,
UP HILL, MALAPURAM DISTRICT, PIN - 676505
4 THE PROGRAMME CONVENER
MALAPPURAM REVENUE DISTRICT SCHOOL KALOLSAVAM
2025-2026, OFFICE OF DEPUTY DIRECTOR OF EDUCATION,
MALAPPURAM DISTRICT, REPRESENTED BY ITS GENERAL
CONVENER DEPUTY DIRECTOR OF EDUCATION, PIN -
WP(C) NO. 169 OF 2026
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2026:KER:1854
676504
5 THE APPEAL COMMITTEE
MALAPPURAM REVENUE DISTRICT SCHOOL KALOLSAVAM
2025-2026 OFFICE OF DEPUTY DIRECTOR OF EDUCATION,
MALAPPURAM, REPRESENTED BY ITS GENERAL CONVENER,
PIN - 676504
6 THE PROGRAMME COMMITTEE
KERALA STATE SCHOOL KALOLSAVAM 2025-2026, OFFICE
OF OFFICE OF THE DIRECTOR OF GENERAL EDUCATION,
JAGATHI, THIRUVANANTHAPURAM, REPRESENTED BY ITS
GENERAL CONVENER, PIN - 695014
OTHER PRESENT:
SRI. RAJEEV JYOTHISH GEORGE, GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 12.01.2026, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(C) NO. 169 OF 2026
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BECHU KURIAN THOMAS, J.
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W.P.(C) No. 169 of 2026
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Dated this the 12th day of January, 2026
JUDGMENT
Petitioner was one of the members of the team that
participated in the event 'Nadakam (Arabic)' in the Malappuram
Revenue District School Kalolsavam 2025-26. The petitioner's
team secured only the second prize with 'A' grade. Aggrieved by
the same, an appeal was preferred pointing out that they were
health concerns to the petitioner, which had affected her
performance. However, the appellate authority, by Ext.P2 order
dated 06.12.2025, dismissed the appeal. Challenging the same,
this writ petition is filed.
2. In the writ petition, the petitioner has raised a specific
contention that the evaluations by the judges were contrary to
the guidelines raised as the score sheets wherein separate marks
scored for each criteria were not incorporated and instead those
columns were left blank thereby creating an anomaly and
unfairness in the evaluation.
3. I have heard the learned counsel for the petitioner as
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well as the learned Government Pleader.
4. As per Clause 10.10 of the guidelines, the judges are
required to give separate marks for each of the criteria shown in
the score sheets and thereafter tabulate the same. However, in
Ext.P4, it is noticed that only the final marks have been written
while the marks awarded for the separate criteria specified in the
score sheets have been left blank. This mode of awarding marks
is erroneous and has prima facie affected the evaluation.
5. Based on the instructions received, the learned
Government Pleader submitted that though the judges were given
instructions that separate marks for each individual evaluation
criteria are to be recorded and the total marks should be
calculated after recording such marks, the judges were not well
versed in clerical procedures and hence, there was a tendency to
calculate the total marks on the worksheets first without strictly
recording individual marks for each criteria. It was also submitted
that the worksheets used by the judges have not been reserved
by the department after the competition. Despite the above, it
was submitted that the practice of recording only the total marks
has not impacted the marks obtained by the children and
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therefore, there was no reason to interfere.
6. On a consideration of the rival submissions and on a
perusal of Ext.P4, it is evident that the evaluation has been done
contrary to the guidelines fixed. As per Clause 10.10 of the
Manual of Guidelines, separate marks have to be awarded for
each criteria provided in the score sheets and only after that can
the total marks be calculated. Such a procedure has not been
followed by the judges and therefore, the evaluation was faulty.
7. Even though the evaluation was faulty, the same by
itself is not a reason that can entitle every participant in the
District School Youth Festival to participate in the State School
Youth Festival. In the instant case, however, the petitioner's team
secured the second prize. The difference between the first prize
winner and the second prize winner is only three marks. Since the
evaluation has not been done properly and the petitioner's team
had secured the second prize, I am of the view that the petitioner
ought to be permitted to participate in the State School Youth
Festival for the event 'Nadakam (Arabic)'.
8. Accordingly, the petitioner is permitted to participate
in the event 'Nadakam (Arabic)' in the State School Youth Festival
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scheduled to be held from 14.01.2026 onwards. The petitioner
shall produce a copy of this judgment before the 2 nd respondent,
who shall comply with this order immediately.
This writ petition is allowed accordingly.
Sd/-
BECHU KURIAN THOMAS
JUDGE
bng
WP(C) NO. 169 OF 2026
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APPENDIX OF WP(C) NO. 169 OF 2026
PETITIONER EXHIBITS
EXHIBIT P1 TRUE COPY OF THE MEDICAL PRESCRIPTION
ISSUED TO ONE OF THE PARTICIPANT
EXHIBIT P2 TRUE COPY OF THE ORDER NO.
DDEMPM/9954/2025-C5 DATED 06-12-2025
PASSED BY THE 3RD RESPONDENT AS THE
CHAIRMAN OF THE 5TH RESPONDENT COMMITTEE
EXHIBIT P3 TRUE COPY RELEVANT PAGES OF THE KERALA
SCHOOL KALOLSAVAM MANUAL
EXHIBIT P4 TRUE COPY TABULATION SHEET AND THE SCORE
SHEETS OF THE JUDGES IN DRAMA (HS
ARABIC)
