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Kerala High Court

Sana.S vs Central Board Of Secondary Education on 7 November, 2025

Author: V.G.Arun

Bench: V.G.Arun

W.P.(C)No.41859/25
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                                                          2025:KER:84941


             IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                  PRESENT

                     THE HONOURABLE MR.JUSTICE V.G.ARUN

 FRIDAY, THE 7TH DAY OF NOVEMBER 2025 / 16TH KARTHIKA, 1947

                          WP(C) NO. 41859 OF 2025

PETITIONER:

             SANA.S
             AGED 17 YEARS
             (MINOR) D/O. LEKHA.S, CLASS XII, GOKULAM,
             MUNDAKKAL EAST P.O., KOLLAM DISTRICT, CLASS X B,
             REPRESENTED BY HER MOTHER AND GUARDIAN LEKHA. S.,
             W/O SANOJ. S, RESIDING AT GOKULAM, MUNDAKKAL EAST
             P.O., KOLLAM DISTRICT, PIN - 691001


             BY ADVS.
             SRI.GEORGE MATHEW
             SHRI.BIJILY JOSEPH
             SHRI.SUNIL KUMAR A.G
             SHRI.MATHEW K.T.
             SHRI.GEORGE K.V.
             SHRI.ADITHYA BENZEER
             SMT.MEDHA B.S.
             SHRI.AHMED ARHAM E.A.
             SHRI.JOHN ZACHARIAH DOMINIC
 W.P.(C)No.41859/25
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                                                   2025:KER:84941




RESPONDENTS:

      1      CENTRAL BOARD OF SECONDARY EDUCATION
             (CBSE), REP. BY ITS CHAIRMAN, NO.2, SHIKSHA
             KENDRA, COMMUNITY CENTRE, PREET VIHAR, NEW DELHI,
             PIN - 110092

      2      THE REGIONAL OFFICER
             CBSE, REGIONAL OFFICE, BLOCK-B, 2ND FLOOR, LIC
             DIVISIONAL OFFICE CAMPUS, PATTOM,
             THIRUVANANTHAPURAM, PIN - 695004

      3      THE GENERAL CONVENOR & PRINCIPAL - CBSE STATE
             SAHODAYA KALOLSAVAM
             SARGOTSAV 2025 - LABOUR INDIA PUBLIC SCHOOL,
             MARANGATTUPALLY P.O., KURAVILANGAD, KOTTAYAM
             DISTRICT, PIN - 686633

      4      THE CHAIRMAN APPEAL COMMITTEE & MANAGER - CBSE
             KOLLAM SAHODAYA COMPLEX
             SARGOTSAV 2025 - OXFORD CENTRAL SCHOOL,
             KARAVALOOR, PUNALU P.O, KOLLAM, PIN - 691333

      5      THE GENERAL CONVENOR & PRINCIPAL - CBSE KOLLAM
             SAHODAYA COMPLEX
             SARGOTSAV 2025 - OXFORD CENTRAL SCHOOL,
             KARAVALOOR, PUNALU P.O, KOLLAM, PIN - 691333

      6      MEENAKSHI A.S
             (MINOR) AGED ABOUT 17 YEARS, (PARENTS NAME NOT
             KNOWN TO PETITIONER, REPRESENTED IN THE
             PROCEEDINGS BY HER PRINCIPAL, MGM RESIDENTIAL
             PUBLIC SCHOOL, KOTTARAKKARA, KOLLAM DISTRICT, PIN
             - 691506
 W.P.(C)No.41859/25
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                                                        2025:KER:84941




              BY ADV SRI.AJIT JOY


OTHER PRESENT:

              SRI. RAJEEV JYOTHISH GEORGE, GP.


       THIS     WRIT   PETITION    (CIVIL)   HAVING   COME    UP    FOR
ADMISSION      ON    07.11.2025,   THE   COURT   ON   THE    SAME   DAY
DELIVERED THE FOLLOWING:
 W.P.(C)No.41859/25
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                                                            2025:KER:84941



                               V.G.ARUN, J
                     = = = = = = = = = = = = = = = = =
                        W.P.(C).No.41859 of 2025
                     = = = = = = = = = = = = = = = = =
                 Dated this the 7th day of November, 2025


                              JUDGMENT

The petitioner participated in Bharatanatyam competition in the Kollam District Sahodaya Kalolsavam of CBSE schools and secured 2nd position with A grade. The petitioner's grievance is that in spite of her excellent performance she was placed in the 2nd position along with another contestant and denied the opportunity to participate in Sargotsav, 2025, the State Level Kalolsavam, by resorting to draw of lots.

2. Heard learned counsel for the petitioner and the learned Standing Counsel for the CBSE.

3. As regards the complaint regarding the manner in which marks were awarded, the answer is available in the following erudite exposition in Sweety v. State of Kerala [1994 W.P.(C)No.41859/25 5 2025:KER:84941 KHC 216].

"While dealing with these cases it came to my notice that there are functionaries like 'Judges', 'Appeal Committee', etc. functioning under the rules framed for the conduct of competitions. Those bodies cannot be equated with ordinary judicial or quasi judicial bodies. As pointed out earlier, they are purely internal bodies of the educational institutions intended to sub- serve discipline among students in situations where disputes are likely to occur. The exercise of their functions is completely confined to the field of Youth Festival where the discipline is absolutely necessary for the proper conduct of different competitions among the students. The decisions will have to be taken in certain cases on the spot and I fail to see how such decisions can be challenged in these proceedings. The assessment of performance of the participants are made by the 'judges'. Their wisdom and reason are final in such internal matters of educational institutions. However as an abundant caution the appeals are provided before the 'appeal committee' against the decision of the 'Judges'. The decision of the 'appeal' committee' shall be accepted as conclusive and final by the students and all others. That is purely a matter of observance of internal discipline. This court, according to me, will not be justified in interfering with such assessment of performance made by the appeal committee in their discretionary powers."
W.P.(C)No.41859/25 6

2025:KER:84941

4. As far as the contention that the petitioner was ousted by resorting to draw of lots, apart from the averments, no material is placed before this Court. In such circumstances, the prayer to permit the petitioner also to participate in the State Kalolsavam cannot be allowed, particularly when the two other contestants are allowed to participate, as provided in Ext.P3 manual.

The writ petition is accordingly dismissed.

sd/-

V.G.ARUN, JUDGE sj W.P.(C)No.41859/25 7 2025:KER:84941 APPENDIX OF WP(C) NO. 41859 OF 2025 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF SCORE CARD DTD. NIL ISSUED BY 4TH RESPONDENT Exhibit P2 TRUE COPY OF PERFORMA FOR APPEAL ALONG WITH DECISION DTD. 28.09.2025 ISSUED BY 4TH RESPONDENT Exhibit P3 TRUE COPY OF RELEVANT PAGES OF KOLLAM DISTRICT SAHODAYA SCHOOL COMPLEXES MANUAL - KALOTSAV 2025 DTD. NIL