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Salman E N vs The Director Of General Education
2026 Latest Caselaw 293 Ker

Citation : 2026 Latest Caselaw 293 Ker
Judgement Date : 13 January, 2026

[Cites 3, Cited by 0]

Kerala High Court

Salman E N vs The Director Of General Education on 13 January, 2026

Author: Bechu Kurian Thomas
Bench: Bechu Kurian Thomas
W.P.(C). No.101 OF 2026

                                                          2026:KER:2503
                                    1

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                 PRESENT

          THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS

    TUESDAY, THE 13TH DAY OF JANUARY 2026 / 23RD POUSHA, 1947

                          WP(C) NO. 101 OF 2026

PETITIONER:

            SALMAN E N
            AGED 17 YEARS
            S/O NAVAS E A, EDASSERRY HOUSE, PERINJANAM PO,
            THRISSUR REPRESENTED BY FATHER AND GUARDIAN NAVAS E A,
            AGED 49 YEARS S/O ABDU, EDASSERRY HOUSE,
            PERINJANAM PO, THRISSUR, PIN - 691504


            BY ADVS.
            SRI.CHRISTINE MATHEW
            SHRI.RAPHAEL THEKKAN
            SRI.ABEL ANTONY
            SHRI.ABIN VARKEY KODIYATTU
            SHRI.AJAY JUEL KURIAKOSE
            SHRI.NIHAL MOHAMMED S.
            SHRI.ABESH ALOSIOUS
            SHRI.GLADWIN K.A.


RESPONDENTS:

     1      THE DIRECTOR OF GENERAL EDUCATION
            JAGATHY, THYCAUD, THIRUVANANTHAPURAM, PIN - 695014

     2      THE DEPUTY DIRECTOR OF EDUCATION
            THRISSUR, SECOND FLOOR, CIVIL STATION, AYANTHOL,
            THRISSUR, PIN - 680003

     3      THE CHAIRMAN
            PROGRAMME COMMITTEE, THE STATE SCHOOL KALOLSAVAM
            THRISSUR, THRISSUR, PIN - 680001

     4      THE DISTRICT EDUCATIONAL OFFICER
 W.P.(C). No.101 OF 2026

                                                      2026:KER:2503
                                 2

            THRISSUR, PALACE ROAD, CHEMBUKKAV, THRISSUR, PIN -
            680020

     5      THE CHAIRMAN APPEAL COMMITTEE
            THE DEPUTY DIRECTOR OF EDUCATION, THRISSUR, SECOND
            FLOOR, CIVIL STATION, AYANTHOL, THRISSUR, PIN - 680003




            SMT. AMMINIKUTTY K., SR.GP


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
13.01.2026, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P.(C). No.101 OF 2026

                                                               2026:KER:2503
                                   3


                      BECHU KURIAN THOMAS, J
                -------------------------------------------
                       W.P.(C). No.101 of 2026
              ----------------------------------------------
              Dated this the 13th day of January, 2026


                              JUDGMENT

Petitioner was a participant in the event 'Kolkali (HSS)' in

the Thrissur District School Kalolsavam 2025-26. He secured

second place with 'A' Grade. Aggrieved by the evaluation

conducted, he preferred an appeal. By Ext. P1 order dated

04.12.2025, 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 his performance on the day of the event was par

excellence and he ought to have been awarded first place with

A grade. Petitioner contended that the Judges erroneously

placed him in a wrong position due to a faulty evaluation, which

is required to be set aside and he be placed in the first place.

The learned counsel for the petitioner pointed out that the W.P.(C). No.101 OF 2026

2026:KER:2503

arrangements in the stage was not proper.

4. The Appellate Authority considered his 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

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 W.P.(C). No.101 OF 2026

2026:KER:2503

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

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. The arrangements in the stage are

matters which are common to all the participants and are not

peculiar to the petitioner.

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 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 W.P.(C). No.101 OF 2026

2026:KER:2503

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 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 SMF W.P.(C). No.101 OF 2026

2026:KER:2503

APPENDIX OF WP(C) NO. 101 OF 2026

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF ORDER BEARING NO.

DDETSR/6396/2025/J6 DATED 04.12.2025 ISSUED BY THE 5TH RESPONDENT.

Exhibit P2 TRUE COPY OF SCORESHEET OF KOLKALI HSS IN THRISSUR DISTRICT KALOLSAVAM.

//TRUE COPY// PA TO JUDGE

 
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