School Kalolsavam- Kerala HC Allows Student Who Underperformed At Sub-District Level Due To 'Apparent Prejudices' To Participate In District Level Kuchipudi Competition

As per the averments, there were safety pins on the stage, which had thrust into her feet, and that there was a problem with respect to the raising of the curtain, which caused her fear that it will collapse on her. It was further stated that there was a problem with the loud speaker system, which caused her not to hear the song properly and that all this caused prejudice to her.

While rejecting the State’s submission that once the Appellate Order is issued, the petitioner cannot seek any relief, a bench of Justice Devan Ramachandran observed, “When such specific contentions are raised in the Appeal, the Appellate Panel ought to have considered it properly, including by assessing the video recording; but nothing is discernible from Ext.P3 that this has been done. On the contrary, it merely says that the Appeal of the petitioner stands rejected without citing any reason”.

The Court was further of the opinion that, unlike many other cases, here the petitioner has specified the reasons which caused her prejudice.

Advocate Preeja V.P. appeared for the petitioner and GP Sunil K Kuriakose appeared for the respondent.

The petitioner-student participated in ‘Kuchipudi’ in the Sub-District School Kalolsavam, and secured second position in the competition.

It was argued that since the stage on which she performed was not properly cleared after the earlier performances, certain pins and sharp objects had caused her injuries, and also cited various other reasons to urge that her performance was not of the standard as she expected.

It was contended that when she preferred an Appeal against it before the Appellate Committee, it rejected her appeal without citing any reason saying the “Appeal stands rejected”. Therefore, she prayed that the same be set aside and she be given an opportunity to participate in the District Level School Kalolsavam.

On the other hand, the State vehemently opposing the plea had relied on the judgment of the High Court in Devna Sumesh v. State of Kerala, to argue that once the Appellate Order is issued, the petitioner cannot seek any relief, either by way of latitude or indulgence.

However, the bench refused to accept the contention and accordingly, allowed the writ petition.

Cause Title: Archa Nair v. State Of Kerala [Neutral Citation: 2023/KER/72768]