The Kerala High Court on Friday recommended the creation of a specialized tribunal or the appointment of an ombudsman to address disputes and grievances related to the school Kalotsavam, a youth festival featuring art, cultural, and music competitions [Neha Nair v. State of Kerala & Ors].
Justice C Jayachandran pointed out the frequent petitions arising from Kalotsavam disputes and emphasized the judiciary’s limitations in resolving factual issues related to such disputes under Article 226 of the Constitution. He proposed that a dedicated tribunal be formed to handle these matters.
The suggested tribunal could include a retired High Court judge as the chairperson, a retired IAS officer, and a third member, who would be jointly selected by the other two. The Court’s order elaborated, stating, “If it is a Tribunal, this Court may suggest that it be chaired by a retired High Court judge, with two members—one a retired IAS officer chosen by the Government, and the third person, who should have expertise in the field of art or literature, elected by the first two members.”
The Court underscored the need for such an arrangement to prevent the High Court from being overwhelmed by Kalotsavam-related disputes. These observations were made while granting relief to a participant in the State Kalotsavam.
The petitioner, Neha Nair, had approached the Court after alleging irregularities in the evaluation process of a dance competition. Nair claimed that one of the judges, Sreekutty Vinod, awarded unusually high marks to a candidate who was otherwise ranked poorly by the other two judges, resulting in that candidate securing first place and affecting the rankings of others.
A Special Government Pleader submitted a declaration by Vinod, who claimed to hold a BA in Mohiniyattam with a diploma in Kuchipudi. However, she admitted that her inclusion in the judges’ panel was based solely on this self-declared qualification. The Court expressed shock that the authorities had relied on this declaration without verifying the credentials.
The Court remarked, “This Court is alarmed to hear that the authorities, conducting the mega festival of Kalotsavam, included a person in the judges’ panel based only on a declaration, without verifying the claims made.” It also noted that affidavits filed by the other two judges, Soumya Nair and Susmi Krishnan, raised serious doubts about Vinod’s qualifications.
The Court further observed that the failure to verify the credentials of judges highlighted broader issues in the management of the Kalotsavam. It stated, “This Court thinks that this is not just an individual matter for the petitioner, but one that goes to the root of the issue, revealing deeper problems in the conduct of the Kalotsavam.”
In response, the Court directed the respondents, including the State of Kerala, the Deputy Director of Education, and the District Education Officer, to file detailed counter-affidavits addressing the allegations within ten days. The Court also passed an interim order allowing Neha Nair to participate in the Kuchipudi event of the State Kalotsavam and scheduled further consideration for January 15, where the counter-affidavits and the proposed tribunal would be reviewed.
Advocates Harish R Menon, KT Shyamkumar, KN Abha, AG Prasanth, Aleena Sebastian, and Mary Hedwig Baby represented the petitioner. Special Government Pleader P Santosh Kumar appeared for the State.
