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Kerala High Court

Aesha Ij vs The Sub District Level Appeal Committee on 28 November, 2025

Author: V.G.Arun

Bench: V.G.Arun

                                                     2025:KER:92434

             IN THE HIGH COURT OF KERALA AT ERNAKULAM

                              PRESENT

                THE HONOURABLE MR.JUSTICE V.G.ARUN

   FRIDAY, THE 28TH DAY OF NOVEMBER 2025 / 7TH AGRAHAYANA, 1947

                      WP(C) NO. 44463 OF 2025

PETITIONER:
           AESHA IJ
           AGED 15 YEARS
           D/O JOY I T, XTH STANDARD, GOVT. GIRLS HSS KOCHI
           ERNAKULAM REPRESENTED BY HER FATHER AND GUARDIAN, JOY
           IT, AGED 51 YEARS, S/OTHOMAS ILLATHUPARAMBIL, LABOUR
           CORNER, EROOR P.O., ERNAKULAM, PIN - 682306

          BY ADV SHRI.AKSHAY VENU
RESPONDENTS:
     1     THE SUB DISTRICT LEVEL APPEAL COMMITTEE
           KOTTAYAM SUB-DISTRICT SCHOOL KALOLSAVAM-2025-26,
           REPRESENTED BY ITS CHAIRMAN THE DISTRICT EDUCATIONAL
           OFFICER, ERNAKULAM,, PIN - 682011

    2     CONVENOR
          2.SUB- DISTRICT KALOLSAVAM KERALA SCHOOL KALOLSAVAM
          2025-2026 PRINCIPAL, GOVT. GIRLS HIGH SCHOOL, PIN -
          682016

    3     THE CONVENOR
          3.REVENUE DISTRICT KALOLSAVAM KERALA SCHOOL KALOLSAVAM
          2025-2026 DEPUTY DIRECTOR OF EDUCATION ERNAKULAM
          DISTRICT, PIN - 682030

    4     STATE OF KERALA
          REPRESENTED BY SECRETARY TO GOVERNMENT, GENERAL
          EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM,
          PIN - 695001

          SMT. AMMINIKUTTY, SR.GP.,
     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
28.11.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
                                                             2025:KER:92434
                                      2
WP(C) NO. 44463 OF 2025




                                V.G.ARUN, J
                      = = = = = = = = = = = = = = = = =
                          W.P.(C).No.44463 of 2025
                      = = = = = = = = = = = = = = = = =
                Dated this the 28th day of November, 2025y of
                                     2024
                              JUDGMENT

The petitioner's team participated for Drama competition in the Ernakulam Sub-District School Kalolsavam 2025-2026 and secured third place. Dissatisfied with the result, the petitioner filed an appeal, which the appeal committee rejected as per Ext.P2.

2. Learned counsel for the petitioner contended that award of marks was not proper and Ext.P2 is not a speaking order.

3. Learned Government Pleader contended that, innumerable number of appeals are filed after each competition item and members of the appeal committee being Government officials, have other duties. They are also bestowed with the duties in connection with the election to the local bodies in the State and the ongoing Special Intensive Revision of the electoral roll. Therefore, failure to pass a detailed order cannot be taken as a ground for interfering with the decision.

4. A perusal of the order passed by the appeal committee shows 2025:KER:92434 3 WP(C) NO. 44463 OF 2025 that the order was passed after considering relevant aspects. The orders passed by a committee of this nature cannot be expected to be having the same standard as that of judicial or quasi-judicial bodies. Further, as held by this Court in Rhomy Chandra Mohan v. General Convenor [1992 KHC 211], this Court cannot sit in appeals over such orders in a proceeding under Article 226 of the Constitution of India. It is also not within the province of this Court to re-assess the merits or demerits of candidates, whose performance has been evaluated by competent judges. In this context it will be worthwhile to extract the following erudite exposition in Sweety v. State of Kerala [1994 KHC 216];

"5 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 2025:KER:92434 4 WP(C) NO. 44463 OF 2025 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."

5. Being in agreement with the above precedents and the petitioner having failed to make out any grossly vitiating circumstance in the evaluation of the team's performance, the writ petition can only be dismissed.

The writ petition is accordingly dismissed.

Sd/-

V.G.ARUN, JUDGE sj 2025:KER:92434 5 WP(C) NO. 44463 OF 2025 APPENDIX OF WP(C) NO. 44463 OF 2025 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE LIST OF APPEALS PUBLISHED DATED NIL Exhibit P2 TRUE COPY OF THE ORDER DATED 19/11/2025 ISSUED BY 1ST RESPONDENT Exhibit P3 TRUE COPY OF THE ORDER DATED 19/11/2025 ISSUED BY 1ST RESPONDENT