On December 27, the Kerala High Court's Single Judge Bench, presided over by Justice Murali Purushothaman, dismissed a batch of petitions filed by dissatisfied participants of Kerala School Kalolsavam's Revenue District Level School Kalolsavam. 

The bench also stated that the court cannot sit in appeal over the award of marks by the panel of judges in a proceeding under Article 226 of the Constitution, in relation to the grievance relating to assessment of candidate performance and evaluation of marks. 

In this regard, the Court cited Rhomy Chandra Mohan v. General Convenor, Balakalotsavam and Yuvajanotsavam (1992) and Sweety v. State of Kerala (1994).

"With regard to complaints of poor stage arrangements including technical glitches, poor audio system, lack of space for performance, and whether these factors had affected the performance of the contestants, are again matters which cannot be considered in a writ petition under Article 226 of the Constitution. Of course, these matters can be looked into by the appeal committees. The judges against whom allegations of extraneous considerations have been made are not parties to the writ petitions and the allegations are not supported by proof. In most cases, the contestants whose selection has been called in question are not made parties to the writ petitions. qualification of the judges in the panel and their expertise in the particular item of competition are also not matters which this Court can determine," the court said.

However, in response to some of the aggrieved participants' claims that they were injured as a result of the stage not being properly laid, uneven surface, holes, and the presence of broken bangles, pins, and nails on the stage floor, the Court directed the Principle Secretary to Government, General Education Department to ensure that no such mishaps occur at future Kalolsavams at any level. 

It also stated that in the event of any such mishap, the stage managers or/and other organisers responsible for such incidents would be appropriately prosecuted.

"The officers responsible for arranging the stages shall be made aware of the penal consequences that they may entail in such cases, including proceedings under the Juvenile Justice (Care and Protection of Children) Act, 2015. The Committee for Manual reforms shall make necessary provisions in the Manual in this regard," it added. 

Participants in the Revenue District Level School Kalolsavam, 2022-2023, filed the current batch of petitions. Only candidates who receive a 'A' grade with the highest mark in an item of competition in the Revenue District Level School Kalolsavam are eligible to compete in the State School Kalolsavam, according to clause 10.20 of Chapter 10 of the Manual. 

The Kerala School Kalolsavam 2022-2023 is set to take place in Kozhikode from January 3rd to 7th, 2023.

The petitioners herein were unable to compete in the State level Kerala School Kalolsavam because they did not achieve the highest score in the events in their respective revenue districts. When they were dissatisfied with the decision, they filed appeals with the Revenue District Level Appellate Committee, which was established in accordance with the Kerala School Kalolsava Manual. 

In the instant petitions, the judges' evaluation of marks and the decisions of the Revenue District Level Appeal Committees in appeals were challenged on various grounds, and the petitioners requested direction to the authorities to allow them to participate in their respective items in the Kerala School Kalolsavam 2022-2023, to be secured at the State level.

The court noted that the complainants in the various petitions had levelled allegations such as judges lacking relevant knowledge about a particular art form, poor stage arrangement by the organisers, technical glitches and a defective audio system, a lack of experts on the panel of judges, extraneous considerations in the awarding of marks, and so on. 

The Court relied on Sweety once more to reiterate that, while the Committees formed for such purposes as in this case could not be equated with ordinary judicial or quasi-judicial bodies, the ruling of the appeal committees shall be acknowledged as definitive and final.

The Court noted that due to the tight time schedule of the Kalolsavam, there may not be much time left for the appeal committees to consider appeals, and they must dispose of the appeals within five days or before the start of the Kalolsavam at the next level, whichever is earlier. Nonetheless, a number of appeals were filed before such committees.

"The attractiveness of grace marks and cultural scholarships, misplaced anxieties of parents also lead to filing of appeals in most cases. If the decisions of the appeal committees are not treated as conclusive and final in cases other than where there is gross vitiating circumstances, the entire equilibrium in the time schedule fixed for conducting the Kalolsavam would be unsettled and defeated".

The Court also stated that it could not find any vitiating circumstance in the current case that justified its intervention. 

Importantly, the Court also gave advice to the aggrieved minor participants in the Kalolsavam, reminding them that participating in such events was more important than winning them.

"Before parting with the cases, I would like to observe that, the petitioners are not less talented than those who got the top score in the competitions. It is more important to participate than to win. Winning is not everything and the parents shall also equip their children to accept failure. Distorted or misplaced anxieties of parents may make the children slip into depression. Kalolsavams shall not be a platform for excess luxury or unhealthy competitions. Hope the parents of minor litigants before this Court may understand that there may be more talented students in the poor strata of the society who cannot afford costly costume or bear other expenses for the competition or the festival. As held by this Court in Rhomy Chandra Mohan (supra), if the true spirit of the festival, namely, healthy competition, is inculcated, there will be no cause for any grievances," Justice Purushothaman said.

Case Title: Devna Sumesh v. State of Kerala & Ors.
Citation: WP(C) NO. 40794 OF 2022