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Kerala High Court
R S Balamani vs State Of Kerala on 12 January, 2026
Author: Bechu Kurian Thomas
Bench: Bechu Kurian Thomas
WP(C) No.1022 of 2026 1
2026:KER:1692
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. 1022 OF 2026
PETITIONER:
R S BALAMANI
AGED 16 YEARS
D/O SATHEESH. S, REPRESENTED BY HER FATHER
SATHEESH. S, AGED 51 YEARS, S/O SOMANATHAN NAIR,
SOMATHEERTHOM, THEKKE NADA, HARIPAD, KERALA, PIN
- 690514
BY ADVS.
SHRI.SIDHARTH BIMAL
SMT.DIVYA C BALAN
SHRI.P.D.SUBRAMANIAN NAMPOOTHIRI
SHRI.HARIKRISHNAN R.
SMT.GOWRI V. NAIR
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY THE PRINCIPAL SECRETARY, GENERAL
EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695001
2 THE DIRECTOR OF GENERAL EDUCATION
DIRECTORATE OF GENERAL EDUCATION, JAGATHY,
THIRUVANANTHAPURAM, PIN - 695014
3 THE JOINT DIRECTOR OF EDUCATION
CHAIRMAN, REVENUE DISTRICT LEVEL APPEAL
COMMITTEE, ALPPUZHA REVENUE DISTRICT SCHOOL
KALOLSAVAM 2025 26, OFFICE OF THE JOINT DIRECTOR
OF GENERAL EDUCATION, THIRUVANANTHAPURAM, PIN -
695014
4 THE GENERAL CONVENER
ALPPUZHA REVENUE DISTRICT SCHOOL KALOLSAVAM 2025
26, OFFICE OF THE DEPUTY DIRECTOR OF EDUCATION,
WP(C) No.1022 of 2026 2
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CIVIL STATION, PATHANAMTHITTA, PIN - 689645
5 THE GENERAL CONVENER
KERALA STATE SCHOOL KALOLSAVAM 2025 26, OFFICE OF
THE ADDITIONAL DIRECTOR OF GENERAL EDUCATION,
JAGATHY, THIRUVANANTHAPURAM, PIN - 695014
6 JOINT COMMISSIONER
PAREEKSHA BHAVAN, POOJAPPURA, THIRUVANANTHAPURAM,
PIN - 695012
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.1022 of 2026 1
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BECHU KURIAN THOMAS,J
------------------------------------
WP(C) No.1022 of 2026
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Dated this the 12th day of January, 2026
JUDGMENT
Petitioner was a participant in the event 'Mono Act' in
the Alappuzha District School Kalolsavam 2025-26. She secured
second place with 'A' Grade. Aggrieved by the evaluation
conducted, she preferred an appeal. By Ext. P4 order dated
30.12.2025, 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 first place
with A grade. Petitioner contended that the Judges erroneously
placed her in a wrong position due to a faulty evaluation, which
is required to be set aside and she be placed in the first place.
4. The Appellate Authority considered her contentions
and rejected the challenge. The appellate authority came to such
a conclusion after verifying the score sheets, Stage Manager's
report, videograph and also the evaluation sheet. The Appellate
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Authority also noted that the performance on the day of the
event of the petitioner was not up to the mark as that of the first
place holder.
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 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
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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. Though the learned Counsel pointed out the petitioner
had not actually fell unconscious, but fell down due to a defect in
the stage, I am of the view that the Appellate Authority has
specifically considered the said contention and came to the
conclusion after watching the video that the petitioner had fallen
down after becoming unconscious and could not complete the
event.
8. 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 judgments 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 there are no exceptional reasons pointed out
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to interfere with the impugned order of the Appellate Authority, I
find no merit in this writ petition.
The writ petition is hence dismissed.
Sd/-
BECHU KURIAN THOMAS,JUDGE
pm
2026:KER:1692
APPENDIX OF WP(C) NO. 1022 OF 2026
PETITIONER'S EXHIBITS
Exhibit P1 TRUE COPY OF THE CERTIFICATE ISSUED BY
THE DIRECTOR OF GENERAL EDUCATION ON
07/01/2024 IN THE 62ND KERALA SCHOOL
KALOLSAVAM 2023-2024 IN MONO ACT (GIRLS)
- H S GENERAL IN FAVOUR OF THE
PETITIONER
Exhibit P2 TRUE COPY OF THE CERTIFICATE ISSUED BY
THE DIRECTOR OF GENERAL EDUCATION ON
07/01/2024 IN THE 63RD KERALA SCHOOL
KALOLSAVAM 2024-2025 IN MONO ACT (GIRLS)
- H S GENERAL IN FAVOUR OF THE
PETITIONER
Exhibit P3 TTRUE COPY OF THE CERTIFICATE ISSUED BY
THE DEPUTY DIRECTOR OF EDUCATION ON
03/12/2024, ALAPPUZHA REVENUE DISTRICT,
IN THE ALAPPUZHA REVENUE DISTRICT SCHOOL
KALOLSAVAM 2024-2025 IN MONO ACT (GIRLS)
- H S GENERAL IN FAVOUR OF THE
PETITIONER
Exhibit P4 TRUE COPY OF THE ORDER NO.
DDEALP/C1/4090/2025(70) DATED 30.12.2025
PASSED BY THE ALAPPUZHA REVENUE DISTRICT
APPEAL COMMITTEE IN RESPECT OF THE
PETITIONER'S MONO ACT (GIRLS) - H S
GENERAL ITEM
