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Aaga Sanal A (Minor) vs Director Of General Education
2026 Latest Caselaw 298 Ker

Citation : 2026 Latest Caselaw 298 Ker
Judgement Date : 13 January, 2026

[Cites 3, Cited by 0]

Kerala High Court

Aaga Sanal A (Minor) vs Director Of General Education on 13 January, 2026

Author: Bechu Kurian Thomas
Bench: Bechu Kurian Thomas
                                                2026:KER:2515

WP(C) NO. 991 OF 2026         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. 991 OF 2026

PETITIONER:

          AAGA SANAL A (MINOR)
          AGED 17 YEARS
          D/O ANJU KIRAN P S, AMARAVILA VEEDU, SISILIPURAM
          VENGANOOR P O, THIRUVANANTHAPURAM, REPRESENTED BY
          HER MOTHER ANJU KIRAN P S, AGED 46. W/O SANAL.R.V.
          AMARAVILA VEEDU, SISILIPURAM VENGANOOR P O,
          THIRUVANANTHAPURAM DISTRICT, PIN - 695523.


          BY ADVS.
          SRI.K.RAJESH KANNAN
          SHRI.PRAVEEN N. PILLAI



RESPONDENTS:

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

    2     KALOLSAVAM COMMITTEE CONVENOR/ ADDITIONAL DIRECTOR
          OF GENERAL EDUCATION
          OFFICE OF THE ADDITIONAL DIRECTOR OF GENERAL
          EDUCATION, JAGATHY, THIRUVANANTHAPURAM,
          PIN - 695014.

    3     DISTRICT EDUCATION OFFICER
          OFFICE OF THE DISTRICT EDUCATION OFFICER, STATUE,
          PALAYAM, THIRUVANANTHAPURAM, PIN - 695001.

    4     CHAIRMAN, APPEAL COMMITTEE/ DEPUTY DIRECTOR OF
          EDUCATION, THIRUVANANTHAPURAM
                                                          2026:KER:2515

WP(C) NO. 991 OF 2026             2


           O/O THE DEPUTY DIRECTOR OF EDUCATION,
           THIRUVANANTHAPURAM, PADMAVILASOM ROAD, FORT
           (P.O.), THIRUVANANTHAPURAM., PIN - 695029.



OTHER PRESENT:

           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:
                                                       2026:KER:2515

WP(C) NO. 991 OF 2026             1


                    BECHU KURIAN THOMAS, J.
            ---------------------------------------------
                     WP(C) NO. 991 OF 2026
            ---------------------------------------------
             Dated this the 13th day of January, 2026
                            JUDGMENT

Petitioner was a participant in the event 'Kuchuppudi' in

the Thiruvananthapuram Revenue District School Kalolsavam

2025-26. She secured sixth position. Aggrieved by the evaluation

conducted, she preferred an appeal. By Ext.P1 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 their 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 2026:KER:2515

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 difference of marks between the petitioner and

the first prize winner is 9 marks. Even though I have already

allowed the application filed by the fifth place holder, the reason

for granting such a permission is different from that raised by the

petitioner. Hence there is no merit in this writ petition. The

evaluation of marks in an event, especially that relating to 2026:KER:2515

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 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 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 2026:KER:2515

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
DSV/13.01.2026
                                                  2026:KER:2515

WP(C) NO. 991 OF 2026        5



             APPENDIX OF WP(C) NO. 991 OF 2026

PETITIONER'S EXHIBITS

Exhibit P1         TRUE COPY OF THE ORDER NO.C(4)/5045/2025
                   DATED    12.12.2025  ISSUED   BY   DEPUTY
                   DIRECTOR OF EDUCATION (QIP)
Exhibit P2         A     COPY     OF   THE     SAID    ORDER

NO.C(4)/5045/2025 DATED 12.12.2025 ISSUED BY DEPUTY DIRECTOR OF EDUCATION (QIP) Exhibit P3 A COPY OF THE ORDER NO.C (4)/5045/2025 DATED 12.12.2025 ISSUED BY DEPUTY DIRECTOR OF EDUCATION (QIP) Exhibit P4 A COPY OF THE ORDER NO. C (4)/5045/2025 DATED 12.12.2025 ISSUED BY DEPUTY DIRECTOR OF EDUCATION (QIP) Exhibit P5 A COPY OF THE ORDER NO. C(4)/5045/2025 DATED 12.12.2025 ISSUED BY DEPUTY DIRECTOR OF EDUCATION (QIP)

 
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