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Fidha Afrin K A vs State Of Kerala
2026 Latest Caselaw 364 Ker

Citation : 2026 Latest Caselaw 364 Ker
Judgement Date : 15 January, 2026

[Cites 3, Cited by 0]

Kerala High Court

Fidha Afrin K A vs State Of Kerala on 15 January, 2026

Author: Bechu Kurian Thomas
Bench: Bechu Kurian Thomas
W.P.(C). No.936 OF 2026

                                                             2026:KER:3066
                                     1

                 IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                  PRESENT

               THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS

         THURSDAY, THE 15TH DAY OF JANUARY 2026 / 25TH POUSHA, 1947

                           WP(C) NO. 936 OF 2026


PETITIONER:

              FIDHA AFRIN K A
              AGED 15 YEARS
              D/O. ASIFA P S RESIDING AT KOCHIPARAMBIL(H) MATHILAKAM P
              O, THRISSUR 680 685 , REPRESENTED BY HER NEXT FRIEND AND
              GUARDIAN ASIFA P S, AGED 35 YEARS, D/O SHARAFUDHEEN,
              RESIDING AT KOCHIPARAMBIL (H), MATHILAKAM P O, THRISSUR
              DISTRICT,


              BY ADVS.
              SHRI.AHAMMAD SACHIN K.
              SHRI.MOHAMMED THAYIB N.M.
              SMT.NAYANA VARGHESE
              SMT.RIA VARGHESE
              SHRI.JERRY PETER


RESPONDENTS:

     1        STATE OF KERALA
              REPRESENTED BY THE PRINCIPAL SECRETARY GENERAL EDUCATION
              DEPARTMENT, ROOM NO. 206, SECOND FLOOR, SOUTH SANDWICH
              BLOCK, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM
              GENERAL.P.O., THIRUVANANTHAPURAM DISTRICT, PIN - 695001

     2        THE ADDITIONAL DIRECTOR OF GENERAL EDUCATION/GENERAL
              CONVENER
              KERALA STATE SCHOOL KALOLSAVAM 2025-2026, ROOM NO. 206,
              SECOND FLOOR, SOUTH SANDWICH BLOCK, GOVERNMENT
              SECRETARIAT, THIRUVANANTHAPURAM GENERAL.P.O.,
              THIRUVANANTHAPURAM DISTRICT, PIN - 695001

     3        THE DEPUTY DIRECTOR OF EDUCATION/THE JOINT GENERAL
              CONVENER
              KERALA SCHOOL KALOLSAVAM 2025-2026, OFFICE OF THE DEPUTY
              DIRECTOR OF EDUCATION, THRISSUR REVENUE DISTRICT
              KALOLSAVAM, CIVIL STATION, AYANTHOL, THRISSUR, PIN -
              680003
 W.P.(C). No.936 OF 2026

                                                                   2026:KER:3066
                                        2



     4      THE CHAIRMAN
            APPEAL COMMITTEE OF THRISSUR REVENUE DISTRICT SCHOOL
            KALOLSAVAM, CIVIL STATION, AYANTHOL, THRISSUR, PIN -
            680003


            SRI. RAJEEV JYOTHISH GEORGE, GP


     THIS   WRIT   PETITION   (CIVIL)   HAVING   COME   UP   FOR   ADMISSION   ON
15.01.2026, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P.(C). No.936 OF 2026

                                                               2026:KER:3066
                                   3


                      BECHU KURIAN THOMAS, J
                -------------------------------------------
                       W.P.(C). No.936 of 2026
              ----------------------------------------------
              Dated this the 15th day of January, 2026


                              JUDGMENT

Petitioner's team a participated in the event 'Bandmelam

HS General' in the Thrissur District School Kalolsavam 2025-26.

They secured second place. Aggrieved by the evaluation

conducted, she preferred an appeal. By Ext. P2 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 her team's performance on the day of the event was par

excellence and they ought to have been awarded first place

with A grade. Petitioner contended that the Judges erroneously

placed her team in a wrong position due to a faulty evaluation,

which is required to be set aside and she be placed in the first

place. The learned counsel also submitted that the criteria W.P.(C). No.936 OF 2026

2026:KER:3066

mentioned in the score sheet were not those specified for

Bandmelam, and therefore, evaluation itself was perverse.

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 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. On a perusal of Ext.P2 order, it is noticed that the

objection raised by the petitioner in appeal was against the bad W.P.(C). No.936 OF 2026

2026:KER:3066

behaviour of the judges which was found to be false. Though it

is alleged that the score sheet contained different parameters,

the same applied equally to all the participants, and therefore,

the said error cannot be peculiar to the petitioner. Moreover

there was a difference of 14 marks between the petitioner and

the 1st prize winner. Apart from the above, the event is

scheduled to be held today in the State Kalolsavam which also

defeats the claim of 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

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 W.P.(C). No.936 OF 2026

2026:KER:3066

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.936 OF 2026

2026:KER:3066

APPENDIX OF WP(C) NO. 936 OF 2026

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE SCORE SHEET DATED 19.11.2025 Exhibit P2 TRUE COPY OF THE ORDER NUMBERED DDETSR/6396/2025/J6 DATED 04.12.2025 ISSUED BY THE 4TH RESPONDENT Exhibit P3 TRUE COPY OF THE RELEVANT PAGES OF THE KERALA KALOLSAVAM MANUAL

//TRUE COPY// PA TO JUDGE

 
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