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Sreevidya P Nair, Aged 15Years ... vs The Director Of General Education
2026 Latest Caselaw 300 Ker

Citation : 2026 Latest Caselaw 300 Ker
Judgement Date : 13 January, 2026

[Cites 3, Cited by 0]

Kerala High Court

Sreevidya P Nair, Aged 15Years ... vs The Director Of General Education on 13 January, 2026

Author: Bechu Kurian Thomas
Bench: Bechu Kurian Thomas
                                                 2026:KER:2264
                               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. 1269 OF 2026

PETITIONER/S:

          SREEVIDYA P NAIR, AGED 15YEARS REPRESENTED BY HER
          MOTHER AND NATURAL GUARDIAN- REMYA S.
          AGED 40 YEARS
          D/O K R MURALI, MAHESH BHAVAN, POTHAPPALLY,
          KUMARAPURAM P.O., KUMARAPURAM, ALAPPUZHA DISTRICT,
          PIN - 690548


          BY ADVS.
          SRI.ARUN CHANDRAN
          SMT.AMRITA ARUN
          SMT.AARABHI GOPAN
          SHRI.HARIMOHAN
          SMT.HANA KARNOLIA MADONA CYRIL
          SHRI.JYOTHIKUMAR R.




RESPONDENT/S:

    1     THE DIRECTOR OF GENERAL EDUCATION
          OFFICE OF THE DIRECTOR OF GENERAL EDUCATION, GENERAL
          EDUCATION DEPARTMENT, JAGATHI, THIRUVANANTHAPURAM
          DISTRICT, PIN - 690514

    2     THE DEPUTY DIRECTOR OF EDUCATION, ALAPPUZHA
          OFFICE OF THE DEPUTY DIRECTOR OF EDUCATION, NEAR
          CIVIL STATION, ALAPPUZHA COLLECTORATE, ALAPPUZHA
          DISTRICT, PIN - 688001

    3     THE APPELLATE COMMITTEE [CONSTITUTED UNDER THE
          KERALA SCHOOL YOUTH FESTIVAL MANUAL,],
          REPRESENTED BY ITS CHAIRMAN, OFFICE OF THE DEPUTY
                                                          2026:KER:2264
                                  2
             DIRECTOR OF EDUCATION, ALAPPUZHA COLLECTORATE,
             ALAPPUZHA DISTRICT, PIN - 688001



             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:2264
                                         3



                      BECHU KURIAN THOMAS, J.
                ......................................................
                      W.P.(C) No. 1269 of 2026
                  ...................................................
              Dated this the 13th day of January, 2026

                                 JUDGMENT

Petitioner was a participant in the event 'Sasthreeya

Sangeetham' in the HS General at the Alappuzha District School

Kalolsavam 2025-26. She was placed in the 2 nd place with 'A'

Grade. Aggrieved by the evaluation conducted, she preferred an

appeal. By Ext. P1 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 the first place

with A grade. Petitioner contended that the Judges erroneously

placed her in the 2nd position which is required to be set aside and

she be placed in the first place. The learned counsel for the 2026:KER:2264

petitioner also pointed out that despite specific objections

regarding defect in the mike having been raised, the appeal

committee failed to even consider the contention and issued

Ext.P1 order without any application of mind. Reference was

made to Ext.P2 order in another appeal filed by the petitioner in

connection with another event.

4. The Appellate Authority had considered her

contentions and rejected the same after verifying the score

sheets, Stage Manager's report, videograph and also the

evaluation sheet.

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 2026:KER:2264

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 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. Though, the contention that the

appellate committee had not applied his mind while dismissing

the appeal has some merit, still, considering the nature of

objection raised in the appeal resulting in Ext.P1 order, I am of

the view that interference by this court is not warranted.

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 2026:KER:2264

(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 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

SJ 2026:KER:2264

APPENDIX OF WP(C) NO. 1269 OF 2026

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE ORDER OF APPEAL BEARING NUMBER DDELP/C1/4090/2025(19), ISSUED BY THE 3RD RESPONDENT DATED 30.12.2025 Exhibit P2 TRUE COPY OF THE ORDER OF APPEAL BEARING NUMBER DDELP/C1/4090/2025(72), ISSUED BY THE 3RD RESPONDENT DATED 30.12.2025, FOR FLUTE COMPETITION

 
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