Judgment Recognizes Unequal Evaluation Due to Power Failure, Allows Participation in State School Kalolsavam
In a significant ruling, the Kerala High Court has delivered justice to a young dancer, Malavika A.S., by allowing her to participate in the upcoming State School Kalolsavam. The court found that a 32-second power failure during her performance at the Thiruvananthapuram District School Kalolsavam 2025-26 had likely affected her morale and performance, warranting a second chance.
The judgment, delivered by Justice Bechu Kurian Thomas, emphasized the importance of fair evaluation in competitions, particularly when external factors beyond the participant's control create an unequal playing field. Despite Malavika's exemplary performance in the 'Kuchuppudi' (Girls) - HSS General category, she was placed fifth due to the disruption caused by the unexpected power outage.
Malavika had initially appealed the decision, arguing that the power failure not only disrupted the music and lighting but also severely impacted her confidence and overall performance. Her appeal was rejected by the appellate authority, which maintained that the power disruption did not affect her placement. The appellate authority's decision prompted Malavika to file a writ petition challenging the fairness of the evaluation process.
In the court proceedings, the learned counsel for the petitioner highlighted the unfairness of the situation, stressing that Malavika was not provided with a second opportunity to perform under normal conditions. The court noted that the absence of a second chance placed her at a disadvantage compared to other competitors who performed without any technical hindrances.
The court's decision to quash the appellate authority's order and allow Malavika to compete in the State School Kalolsavam underscores the judiciary's commitment to ensuring justice and fairness in educational and competitive settings. The judgment also sets a precedent for how similar cases might be adjudicated in the future, emphasizing the need for equitable treatment of participants in competitions.
The court ordered that Malavika be permitted to compete in the 'Kuchuppudi' event at the state level, ensuring that she has the opportunity to perform in an environment free from disruptions. The ruling has been welcomed by educationalists and participants alike, who view it as a step towards promoting fairness and recognizing the impact of unforeseen technical failures on performance.
Malavika and her legal team expressed relief and satisfaction with the court's decision. They are hopeful that this judgment will pave the way for more equitable evaluations in school competitions, ensuring that all participants have a fair chance to showcase their talents.
Bottom Line:
Administrative Law - Fair evaluation in a competition - Power failure during performance can affect morale and performance of a participant - Denial of second chance to perform in such circumstances can render the evaluation unequal.
Statutory provision(s): Administrative Law, Fair evaluation in a competition.
Malavika.A.S v. Director of General Education, (Kerala) : Law Finder Doc Id # 2837584
