Precious Time Can’t Be Spent On School Kalotsavam: Kerala HC Calls For Ombudsman For Considering Kalotsavam Related Grievances

The Kerala High Court has suggested the constitution of a Tribunal or Ombudsman for considering the grievances arising from the events in the Kalotsavam (state-wide school-level art competition) after stating that the Court’s precious time cannot be spent on grievances arising from School Kalotsavam.
The Court pointed out that it cannot ascertain and adjudicate factual aspects sitting in the jurisdiction of Article 226 of the Constitution. The Bench also noted the ‘innumerable’ Writ Petitions arising out of Kalotsavam. “This Court is of the opinion that this is not a matter, which concerns or pertains to the petitioner individually, but one which goes to the root of the matter…in the conduct of the Kalotsavam,” it remarked.
A Single Bench of Justice C. Jayachandran observed, “Such an arrangement is all the more necessary in view of the fact that the precious time of the High Court cannot be spend over grievances, which arises from the School Kalotsavam, when more important matters, which affects the life and liberty of the citizens are pending adjudication by the Court. The alarming rate of increase in the number of Writ Petitions being filed before this Court in connection with School Kalotsavam would only justify the above stand of this Court..”
Advocate Harish R. Menon represented the Petitioner, while Special Government Pleader P. Santhosh Kumar appeared for the Respondents.
A 12th-standard student (Petitioner) challenged the inclusion of a judge in the panel. The Petitioner alleged that the judge’s qualifications were questionable and that her assessment resulted in a candidate who had otherwise performed poorly being awarded the first position.
“The conduct of the said Judge is grievously alarming to the extent that a candidate, who otherwise performed poorly in the estimation of two other Judges, has been given 10 marks by the 3rd Judge, whose competence is at stake, with the result, the said candidate had emerged successful at the first position, to the detriment of the other candidates, who were estimated to have performed well by the two other Judges,” the Court noted.
The Bench also noted that the submission that the inclusion of judges in such panels would rely solely on declarations without verification of the authenticity of qualifications.
“This Court is alarmed to hear the said submission. Only on the basis of the declaration given by a person, the authorities, who are conducting the mega festival of School Kalotsavam have permitted such a person to be included in the panel of Judges, without ascertaining the veracity of the claims made in the declaration,” it remarked.
Consequently, the Court observed, “This Court is also of the opinion that the inclusion of persons in the Judges panel should also receive the concurrence of the said body. If it is a Tribunal, this Court may suggest that the same may be under the chair of a retired High Court Judge, coupled with two members, of whom, one should be a retired person from the Indian Administrative Service, of the choice of the Government and the third person – one having special knowledge or expertise in the field of art or literature - shall be co-elected by the first two members. As regards the Chairman, namely, the retired High Court Judge, this Court is of the opinion that the Government is free to appoint him, in consultation with the High Court.”
Accordingly, the High Court permitted the Petitioner to participate in the Kuchipudi event in the State Kalotsavam.
Cause Title: Neha Nair v. State of Kerala & Ors.
Appearance:
Petitioner: Advocates Harish R. Menon, K.T.Shyamkumar, K.N.Abha, A.G.Prasanth Aleena Sebastian and Mary Hedwig Baby
Respondents: Special Government Pleader P. Santhosh Kumar