Kerala High Court
Jomaria Jobi (Minor) vs State Of Kerala on 13 January, 2026
Author: Bechu Kurian Thomas
Bench: Bechu Kurian Thomas
2026:KER:2346
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. 1105 OF 2026
PETITIONER:
JOMARIA JOBI (MINOR)
AGED 17 YEARS
D/O JOBI JOSEPH E K,
EDAKKATTILL HOUSE, MEKKADAMBU P O,
VALAKAM VILLAGE, MUVATTUPUZHA TALUK,
ERNAKUKLAM DISTRICT,
REPRESENTED BY HER FATHER JOBI JOSEPH E K,
AGED 51 YEARS, S/O JOSEPH E K,
EDAKKATTILL HOUSE, MEKKADAMBU P O, VALAKAM
VILLAGE, MUVATTUPUZHATALUK,
ERNAKUKLAM DISTRICT, PIN - 682316
BY ADVS.
SHRI.K.G.RAJEESH
SRI.C.Y.VINOD KUMAR
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY ITS PRINCIPAL SECRETARY TO THE
GENERAL EDUCATION DEPARTMENT,
GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695001
2 GENERAL CONVENER/THE DIRECTOR OF GENERAL EDUCATION
KERALA STATE SCHOOL KALOLSAVAM 2024-2025, O/O THE
DIRECTOR OF GENERAL EDUCATION,
THIRUVANANTHAPURAM, PIN - 695001
3 DEPUTY DIRECTOR OF GENERAL EDUCATION, ERNAKULAM
O/O THE DEPUTY DIRECTOR OF GENERAL EDUCATION,
CIVIL STATION, 2ND FLOOR, KAKKANAD
ERNAKULAM DISTRICT, PIN - 682030
2026:KER:2346
W.P(C) No.1105 of 2026
-:2:-
4 THE CHAIRMAN, APPEAL COMMITTEE
(DISTRICT REVENUE SCHOOL KALOLSAVAM 2024-2025),
OFFICE OF THE DISTRICT EDUCATION OFFICER, NEAR
KANAYANNUR TALUK OFFICE,
ERNAKULAM DISTRICT, PIN - 682011
BY Adv. 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:2346
W.P(C) No.1105 of 2026
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BECHU KURIAN THOMAS, J.
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W.P(C) No.1105 of 2026
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Dated this the 13th day of January, 2026
JUDGMENT
Petitioner was a participant in the event 'Paliya Nritham' (HSS Girls) in the Ernakulam Revenue District School Kalolsavam 2025-26. She was placed in the third place with 'A' Grade. Aggrieved by the evaluation conducted, petitioner approached this Court under Article 226 of the Constitution of India seeking permission to participate in the State School Kalolsavam without preferring an appeal before the Appellate Authority.
2. I have heard the learned counsel for the petitioner as well as the learned Government Pleader.
3. The petitioner participated in the event 'Paliya Nirtham' but obtained only the third position. She failed to prefer an appeal and instead directly approached this Court, pointing out that two of the judges did not have the qualification to judge the event. Relying upon Exhibit-P3, it is pointed out that only persons who are well versed in the said dance form could have judged the event.
4. The contention now raised regarding the lack of competence of a few of the judges is a matter which the petitioner could have raised before the Appellate Authority. Since an appeal was not preferred by the petitioner for whatever reasons, this Court cannot 2026:KER:2346 W.P(C) No.1105 of 2026 -:4:- sit in first appeal over the evaluation of the Judges Committee. The qualification of a particular Judge is a matter of dispute, and this court, sitting under Article 226 of the Constitution of India, cannot decide those aspects.
5. 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 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.
6. 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 2026:KER:2346 W.P(C) No.1105 of 2026 -:5:- 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.
7. Since I have already concluded that 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 jka/13.01.26.
2026:KER:2346 W.P(C) No.1105 of 2026 -:6:- APPENDIX OF WP(C) NO. 1105 OF 2026 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE PARTICIPANT'S CARD OF THE PETITIONER AND OTHER TEAM MEMBERS FOR THE ITEM PALIYA NIRTHAM IN THE KERALA SCHOOL KALOLSAVAM 2024-2025 DATED 28.11.2025 Exhibit P2 TRUE COPY OF THE CIRCULAR NO. Y(2) 14406/2024/D.G.E DATED 07-10-2024 ISSUED BY THE DIRECTOROF GENERAL EDUCATION, THIRUVANANTHAPURAM Exhibit P3 TRUE COPY OF THE CIRCULAR NO.
Y2/14406/2024/D.G.E DATED 09-10-2024 ALONG WITH ORDER (KI) NO. 125/GEN.EDN DATED 30-09-2024 Exhibit P4 TRUE COPY OF THE REPRESENTATION MADE BY TEAM MEMBER OF PETITIONER'S TEAM NAMELY (DEVIKA T.S. AND TEAM) (HSS CATEGORY) BEFORE THE EDUCATION MINISTER, KERALA Exhibit P5 TRUE COPY OF THE REPLY NO./DDEEKM/8361/2025-F1 DDE DATED 8.1.2026 OBTAINED BY ABIYA ANIL FROM ULLAS D, PUBLIC INFORMATION OFFICER & ADMINISTRATIVE ASSISTANT UNDER THE RTI ACT ALONG WITH ATTACHED DOCUMENT Exhibit P6 TRUE COPY OF THE FACE BOOK PAGES OF THE JUDGE SASI JANAKALA Exhibit P7 TRUE COPY OF THE FACE BOOK PAGES OF THE JUDGE ADV. PRADEEP PANDANAD Exhibit P8 TRUE COPY OF THE RESULT PUBLISHED BY THE PROGRAM CONVENER WITH DETAILED MARK LIST FOR THE EVENT PALIYA NIRTHAM IN ERNAKULAM DISTRICT KALOLSAVAM 2025-2026 DATED NIL Exhibit P9 TRUE COPY OF PHOTOGRAPHS OF THE PALIYA NIRTHAM DANCE PERFORMED BY PETITIONER'S TEAM DURING HINDRANCE FROM STAGE Exhibit P10 TRUE COPY OF THE SCHEDULE FOR STATE LEVEL COMPETITION PUBLISHED BY PROGRAM 2026:KER:2346 W.P(C) No.1105 of 2026 -:7:- COMMITTEE, FOR 64TH KERALA SCHOOL KALOLSAVAM