Ker HC | Court not competent to decide standard of performance of participants in art and cultural activities under Article 226 of the Constitution

Kerala High Court: The Bench of Anu Sivaraman, J. was hearing a civil writ petition filed by a minor girl aged 14 years, represented by her guardian, seeking direction to the Appeal Committee of Malappuram District School to permit petitioners’ team to participate in the item ‘Sangha Ganam’ in the State School Kalolsavam.

Learned counsel for the petitioners Mr N.K. Subramanian submitted that the petitioners stood second in ‘Sanga Ganam’ competition only because of defect in microphone and also due to noise from the bus stand beside the stage. It was stated that petitioner’s appeal to committee of Malappuram District School was dismissed without even considering the points raised by her.

The Court held that sitting in an extraordinary original jurisdiction exercising powers under Article 226 of the Constitution of India, this Court was not empowered or competent to decide the dispute as to competence or standard of performance of participants in art and cultural activities. As such, no orders could be passed, as the instant petition raised a factual issue as to petitioners’ performance vis-a-vis that of other participants.

In view of the above, the Court declined petitioners’ prayer for participation in further levels of the festival. However, it was opined that respondents should take care to see that the appeals preferred by the petitioner before school’s committee are considered without undue delay and proper orders are passed thereon, at least pointing out the basic reasons for non-consideration of the same.[Haritha Haridas. K. v. State of Kerala, 2018 SCC OnLine Ker 8258, Order dated 05-12-2018]

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