High Court of KeralaDivision BenchWrit petitions dismissed; interim orders set as...

W. P. (C) No. 405 of 2018 and connected cases

Case / Petition Number:WP(C) Nos. 405/2018; 91/2018; 418/2018; 552/2018; 582/2018; 583/2018; 595/2018 (connected cases)

Case Details & Bench

Court
High Court of Kerala
Hon'ble Judges
  • S. Manikumar
  • Shaji P. Chaly
Judgment Date
2022-08-04
Court Decision / Holding
Writ petitions are disposed of accordingly; the interim orders passed by the Lok Ayukta/Upa Lok Ayukta directing participation in the State/ districts level youth festivals cannot be sustained as binding orders; the court directs that orders be circulated to Lok Ayukta/Upa Lok Ayukta and other authorities; the petitions are dismissed.
Final Disposition
Writ petitions dismissed; interim orders set aside; cautions and directions issued to circulate orders to relevant authorities.

Parties to the Case

Appellants / Petitioners

  • Additional Director of Public Instructions (DPI) Office, Jagathy P.O., Thiruvananthapuram; General Convener, Kerala State School Kalolsavam 2017-18, Thrissur
  • General Convenor (Deputy Director of Education), Palakkad District School Kalolsavam 2017-18, Palakkad Revenue District
  • General Convenor Alappuzha Revenue District School Kalolsavam 2017-18; Deputy Director of Education Alappuzha; Chairman, Appeal Committee, Kalolsavam 2017-2018
  • Director of Public Instructions Office of the Director of Public Instructions, Jagathy, Thiruvananthapuram
  • Additional Director of Public Instructions (General) – DPI Office, Jagathy, Thiruvananthapuram

Respondents

  • Anagha K. (Minor) represented by father Krishnan S.
  • The Kerala Lok Ayukta represented by its Registrar
  • Arundhathi Krishna J. (Minor) represented by mother Jayalakshmi T.P.
  • Aleena Ann Joseph (Minor) represented by father Joseph
  • Blessy Mathew (Minor) represented by guardian Sathyan G.
  • Vishnu Priya (Minor) represented by guardian Sathyan G.
  • Shana Ashkar V (Minor) represented by guardian Sathyan G.
  • Swetha Pramod (Minor) represented by guardian Sathyan G.
  • Malavika Madhusoodhanan (Minor) represented by guardian Sathyan G.
  • Ashla Abdulla (Minor) represented by guardian Sathyan G.
  • Gayathri N (Minor) represented by guardian Sathyan G.
  • Nandhalal Sathyan (Minor) represented by guardian Sathyan G.
  • Libin Babu (Minor) represented by guardian Sathyan G.
  • Adwin Johns (Minor) represented by guardian Sathyan G.
  • Libin O. Panicker (Minor) represented by guardian Sathyan G.
  • Aswin A. (Minor) represented by guardian Sathyan G.
  • Cibin A. (Minor) represented by guardian Sathyan G.
  • Suhail S. (Minor) represented by guardian Sathyan G.
  • Jithin P. KuriaKose (Minor) represented by guardian Sathyan G.
  • Iwin P. Shibu (Minor) represented by guardian Sathyan G.
  • Prashi P Nair (Minor) represented by guardian Sathyan G.
  • Kerala Lok Ayukta represented by Registrar

Legal Representation & Advocates

Counsels for Petitioners

  • • V. Tekchand, Senior Government Pleader

Counsels for Respondents

  • • Arun Thomas
  • • K.B. Pradeep
  • • Jennis Stephen
  • • Karthika Maria
  • • Maria Roy
  • • Santhosh Mathew
  • • R. Suja
  • • Vijay V. Paul
  • • Veena Raveendran

Case Synopsis & Summary

This batch of writ petitions, heard by a Division Bench of the Kerala High Court led by Chief Justice S. Manikumar and Justice Shaji P. C. Chaly, challenges interim orders of the Lok Ayukta/Upa Lok Ayukta directing student participation in the Kerala State School Kalolsavam and related district/state level youth festivals. The petitions argue lack of jurisdiction under the Lok Ayukta Act, 1999 (Sections 7(1), 7(2), 7(3); 2(h), 2(b), 2(k); 12(1); and 9(8)) and contend that the Lok Ayukta/Upa Lok Ayukta cannot issue binding directions or adjudicate on matters of internal discipline or eligibility rules contained in school/training procedures. The court reviews whether complaints show a grievance or maladministration and whether the Lok Ayukta’s interference disrupts time-bound festival schedules and internal regulatory frameworks (including Clause 11.02 of the Kerala School Youth Festival Manual). It cites Sweety v. State of Kerala (1994 KHC 216) to emphasize that internal disciplinary decisions by judges/appeal committees are generally final and not subject to judicial reappraisal, and references an earlier Division Bench decision in W. P. (C) No. 18950 of 2018 for context. The judgment ultimately disposes of the petitions, holding that interim, binding reliefs by the Lok Ayukta are not sustainable and directing circulation of the order to relevant authorities for compliance.

Provisions of Law Cited

Lok Ayukta Act, 1999 - Section 7(1)Lok Ayukta Act, 1999 - Section 7(2)Lok Ayukta Act, 1999 - Section 7(3)Lok Ayukta Act, 1999 - Section 2(h)Lok Ayukta Act, 1999 - Section 2(b)Lok Ayukta Act, 1999 - Section 2(k)Lok Ayukta Act, 1999 - Section 9(8)Lok Ayukta Act, 1999 - Section 12(1)

Legal Doctrines & Maxims

  • Interim relief cannot be granted if there is no power to grant final relief.
  • Lok Ayukta can make recommendations (Section 12) and cannot issue binding directions.
  • Internal bodies (Judges, Appeal Committees) in educational settings have decisions that are final and generally not to be reviewed by courts (Sweety v. State of Kerala, 1994 KHC 216).
  • Judicial restraint in interfering with internal discipline and rules governing school/youth festivals; emphasis on procedural limits.”],
  • parties
  • respondents
  • applicants

Submissions & Arguments

Contentions of Appellants / Petitioners

The petitioners contend that under Lok Ayukta Act, 1999, sections governing investigation concern maladministration or grievances as defined in Section 2; they submit that Ext. P1 complaint fails to disclose grievance/maladministration and that the Lok Ayukta/Upa Lok Ayukta had no jurisdiction; they argue that Section 12 permits only recommendations, not binding directions, and that Ext. P2 positive order directing participation in the festival is unsustainable; they urge adherence to internal rules and time schedules, and caution against overbroad intervention that disrupts ongoing festival planning.

Contentions of Respondents

The respondents contended that the complaints involve alleged maladministration or grievances in the administration of district/state festivals; they argued that the Lok Ayukta/Upa Lok Ayukta has authority to investigate such matters and that interim orders were necessary to ensure fair participation and prevent undue advantage; they relied on the act's definitions and provisions to justify proceedings and the discussion of festival rules, including internal regulations.

Cited Precedents (2)

Case NameCitationTreatmentExplanation
Sweety v. State of Kerala1994 KHC 216PositiveCourt cites Sweety to illustrate that internal rules governing school/youth festivals are within the discretion of authorities and should not be challenged through judicial review, supporting non-interference with such decisions.
W. P. (C) No. 18950 of 2018(2018)Mentioned OnlyDivision Bench observations regarding interim orders in similar contexts are noted for context but do not bind the present ruling.

Diagnostic Tool

Beta

Does this judgment govern your specific facts?

Don't risk relying on a distinguishable precedent. Enter your facts or proposition below. We will test it against W. P. (C) No. 405 of 2018 and connected cases and instantly map out authorities that support, challenge, or govern your position.

Extracted Judgment Text

Exact text extracted from official judgment records.

W. P. (C) No. 405 of 2018 and connected cases -1- **IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR & THE HONOURABLE MR. JUSTICE SHAJI P.CHALY THURSDAY, THE 4[TH] DAY OF AUGUST 2022 / 13TH SRAVANA, 1944 WP(C) NO. 405 OF 2018** ## **PETITIONER/S:** - **1 ADDITIONAL DIRECTOR OF PUBLIC INSTRUCTIONS DPI OFFICE, JAGATHY P.O., THIRUVANANTHAPURAM,AND THE GENERAL CONVENER, KERALA STATE SCHOOLKALOLSAVAM, 2017-18, THRISSUR-680020.** - **2 THE GENERAL CONVENOR (DEPUTY DIRECTOR OF EDUCATION), PALAKKAD DISTRICT SCHOOL KALOLSAVAM, 2017-18, PALAKKAD REVENUE DISTRICT, GHSS NENMARA, PALAKKAD-678508.** **BY ADV. V. TEKCHAND, SENIOR GOVERNMENT PLEADER RESPONDENT/S:** **1 ANAGHA K. AGED 15 YEARS (MINOR),D/O.KRISHNAN S., ANAGHA, PADOOR WEST VILLAGE,PADOOR P.O., KAVASSERY VIA, PALAKKAD-678543,REPRESENTED BY HER FATHER KRISHNAN S.,ANAGHA, PADOOR WEST VILLAGE, PADOOR P.O.,KAVASSERY VIA, PALAKKAD-678543.** - **2 THE KERALA LOK AYUKTA REPRESENTED BY ITS REGISTRAR,OFFICE OF THE KERALA LOK AYUKTA,LEGISLATIVE COMPLEX, VIKAS BHAVAN,THIRUVANANTHAPURAM-695033.** **BY ADVS. SRI.ARUN THOMAS SRI.K.B.PRADEEP SRI.JENNIS STEPHEN SMT.KARTHIKA MARIA SMT.MARIA ROY SRI.K.B.PRADEEP SRI.SANTHOSH MATHEW SMT.R.SUJA SRI.VIJAY V. PAUL SMT.VEENA RAVEENDRAN** **THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04.08.2022, ALONG WITH WP(C).91/2018, 418/2018 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** W. P. (C) No. 405 of 2018 and connected cases -2- **IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR & THE HONOURABLE MR. JUSTICE SHAJI P.CHALY THURSDAY, THE 4[TH] DAY OF AUGUST 2022 / 13TH SRAVANA, 1944 WP(C) NO. 91 OF 2018** ## **PETITIONER/S:** - **1 GENERAL CONVENOR, KERALA STATE SCHOOL KALOLSAVAM 2017-2018, THRISSUR AND THE ADDITIONAL DIRECTOR OF PUBLIC INSTRUCTIONS, THRISSUR.** - **2 THE CHAIRMAN APPEAL COMMITTEE, ALAPPUZHA REVENUE DISTRICT SCHOOL KALOLSAVAM 2017-2018 AND THE DEPUTY DIRECTOR OF EDUCATION, ALAPPUZHA. BY ADV V. TEKCHAND, SENIOR GOVERNMENT PLEADER** ## **RESPONDENT/S:** - **1 ARUNDHATHI KRISHNA J. AGED 17 YEARS(MINOR) REPRESENTED BY HER MOTHER JAYALAKSHMI T.P, "NAREENCHIL KRISHNA PRIYAM" KOTTACKKAKAM MURI,MUTTAM P.O, HARIPPAD - 690 511.** - **2 THE KERALA LOK AYUKTA REPRESENTED BY ITS REGISTRAR, OFFICE OF THE KERALA LOK AYUKTA, LEGISLATIVE COMPLEX, VIKAS BHAVAN, THIRUVANANTHAPURAM - 695 033.** **BY ADV SRI.K.B.PRADEEP** **THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04.08.2022, ALONG WITH WP(C).405/2018 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** W. P. (C) No. 405 of 2018 and connected cases -3- **IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR & THE HONOURABLE MR. JUSTICE SHAJI P.CHALY THURSDAY, THE 4[TH] DAY OF AUGUST 2022 / 13TH SRAVANA, 1944 WP(C) NO. 418 OF 2018** ## **PETITIONER/S:** - **1 ADDITIONAL DIRECTOR OF PUBLIC INSTRUCTIONS DPI OFFICE, JAGATHY P.O., THIRUVANANTHAPURAM AND THE GENERAL CONVENOR,KERALA STATE SCHOOL KALOLSAVAM 2017-2018,THRISSUR - 680 020.** - **2 THE GENERAL CONVENOR (DEPUTY DIRECTOR OF EDUCATION)PALAKKAD DISTRICT SCHOOL KALOLSAVAM 2017-2018,PALAKKAD REVENUE DISTRICT,GHS NENMARA, PALAKKAD - 678 508.** **BY ADV V. TEKCHAND, SENIOR GOVERNMENT PLEADER** ## **RESPONDENT/S:** - **1 ALEENA ANN JOSEPH AGED 14 YEARS, D/O. JOSEPH,KUNNILETH HOUSE, SURABHI GARDEN,PATTIKKAD P.O., THRISSUR - 680 652REPRESENTED BY HER FATHER JOSEPH,KUNNILETH HOUSE, SURABHI GARDEN,PATTIKKAD P.O., THRISSUR - 680 652.** - **2 THE KERALA LOK AYUKTA REPRESENTED BY ITS REGISTRAR,OFFICE OF THE KERALA LOK AYUKTA,LEGISLATIVE COMPLEX, VIKAS BHAVAN,THIRUVANANTHAPURAM - 695 033. BY ADV. K. B. PRADEEP** **THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04.08.2022, ALONG WITH WP(C).405/2018 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** W. P. (C) No. 405 of 2018 and connected cases -4- ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR &** **THE HONOURABLE MR. JUSTICE SHAJI P.CHALY THURSDAY, THE 4[TH] DAY OF AUGUST 2022 / 13TH SRAVANA, 1944 WP(C) NO. 552 OF 2018** ## **PETITIONER/S:** - **1 THE GENERAL CONVENOR ALAPPUZHA REVENUE DISTRICT SCHOOL KALOLSAVAM 2017-18** - **AND THE DEPUTY DIRECTOR OF EDUCATION, ALAPPUZHA AND CHAIRMAN, APPEAL COMMITTEE, ALAPPUZHA REVENUE DISTRICT KALOLSAVAM, OFFICE OF THE DEPUTY DIRECTOR OF EDUCATION, ALAPPUZHA-686001.** - **2 THE GENERAL CONVENOR KERALA STATE SCHOOL KALOLSAVAM 2017-18** - **AND ADDITIONAL DIRECTOR OF PUBLIC INSTRUCTIONS (GENERAL), OFFICE OF THE DIRECTOR OF PUBLIC INSTRUCTIONS, JAGATHY, THIRUVANANTHAPURAM.** - **3 DIRECTOR OF PUBLIC INSTRUCTIONS OFFICE OF THE DIRECTOR OF PUBLIC INSTRUCTIONS, JAGATHY, THIRUVANANTHAPURAM.** - **BY ADV V. TEKCHAND, SENIOR GOVERNMENT PLEADER** ## **RESPONDENT/S:** - **1 FATHIMA ABID AGED 17 YEARS (MINOR) STUDENT OF ST. MARY'S GIRL'S HSS, KAYAMKULAM, ALAPPUZHA, REPRESENTED BY HER FATHER AND GUARDIAN SRI. E. ABID, AGED 45 YEARS, RESIDING AT A1 NOOR, NGANKANAL, KRISHNAPURAM P.O, KAYAMKULAM.** - **2 ATHIRA VIDYADHARAN AGED 17 YEARS (MINOR), STUDENT OF ST. MARY'S GIRL'S HSS, KAYAMKULAM, ALAPPUZHA, REPRESENTED BY NEXT FRIEND SRI. E. ABID, AGED 45 YEARS, RESIDING AT A1 NOOR, NGANKANAL, KRISHNAPURAM P.O, KAYAMKULAM.** - **3 SREELEKSHMI** - **AGED 17 YEARS (MINOR), STUDENT OF ST. MARY'S GIRL'S HSS, KAYAMKULAM, ALAPPUZHA, REPRESENTED BY NEXT FRIEND SRI. E. ABID, AGED 45 YEARS, RESIDING AT A1 NOOR, NGANKANAL, KRISHNAPURAM P.O, KAYAMKULAM.** W. P. (C) No. 405 of 2018 and connected cases -5- - **4 MUMTHAS ANSAR** **AGED 17 YEARS (MINOR), STUDENT OF ST. MARY'S GIRL'S HSS, KAYAMKULAM, ALAPPUZHA, REPRESENTED BY NEXT FRIEND SRI. E. ABID, AGED 45 YEARS, RESIDING AT A1 NOOR, NGANKANAL, KRISHNAPURAM P.O, KAYAMKULAM.** - **5 POOJA V. S. AGED 17 YEARS (MINOR), STUDENT OF ST. MARY'S GIRL'S HSS, KAYAMKULAM, ALAPPUZHA, REPRESENTED BY NEXT FRIEND SRI. E. ABID, AGED 45 YEARS, RESIDING AT A1 NOOR, NGANKANAL, KRISHNAPURAM P.O, KAYAMKULAM.** - **6 SREELEKASHMI S. LAL AGED 17 YEARS (MINOR), STUDENT OF ST. MARY'S GIRL'S HSS, KAYAMKULAM, ALAPPUZHA, REPRESENTED BY NEXT FRIEND SRI. E. ABID, AGED 45 YEARS, RESIDING AT A1 NOOR, NGANKANAL, KRISHNAPURAM P.O, KAYAMKULAM.** - **7 ANEETA ELSA ABRAHAM AGED 17 YEARS (MINOR), STUDENT OF ST. MARY'S GIRL'S HSS, KAYAMKULAM, ALAPPUZHA, REPRESENTED BY NEXT FRIEND SRI. E. ABID, AGED 45 YEARS, RESIDING AT A1 NOOR, NGANKANAL, KRISHNAPURAM P.O, KAYAMKULAM.** - **8 THE KERALA LOK AYUKTA REPRESENTED BY ITS REGISTRAR, OFFICE OF THE KERALA LOK AYUKTA, LEGISLATIVE COMPLEX, VIKAS BHAVAN, THIRUVANANTHAPURAM-695033.** **BY ADV SRI.K.B.PRADEEP** **THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04.08.2022, ALONG WITH WP(C).405/2018 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** W. P. (C) No. 405 of 2018 and connected cases -6- ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR &** **THE HONOURABLE MR. JUSTICE SHAJI P.CHALY THURSDAY, THE 4[TH] DAY OF AUGUST 2022 / 13TH SRAVANA, 1944 WP(C) NO. 582 OF 2018** ## **PETITIONER/S:** - **1 DIRECTOR OF PUBLIC INSTRUCTION/GENERAL CONVENER KERALA STATE SCHOOL KALOLSAVAM 2017-2018,DPI OFFICE, JAGATHY.P.O., THIRUVANANTHAPURAM.** - **2 ADDITIONAL DIRECTOR OF PUBLIC INSTRUCTIONS GENERAL CONVENER, KERALA STATE SCHOOL KALOLSAVAM 2017-2018,DPI OFFICE, JAGATHY.P.O., THIRUVANANTHAPURAM.** - **3 DEPUTY DIRECTOR OF EDUCATION KOLLAM, GENERAL CONVENER AND CHAIRMAN,APPEAL COMMITTEE, KERALA STATE SCHOOLKALOLSAVAM 20172018, KOLLAM, DDE OFFICE,KOLLAM.** - **4 DEPUTY DIRECTOR OF EDUCATION DDE OFFICE, AYANTHOL, THRISSUR.** - **BY ADV V. TEKCHAND, SENIOR GOVERNMENT PLEADER** ## **RESPONDENT/S:** - **1 BLESSY MATHEW AGED 15 YEARS, D/O.MATHEW ABRAHAM, STUDENT STD X, LITTLE FLOWER E.M.H.S.THRIPPILLAZHIKOM-691 509,RESIDENT OF KALLUVILA BIJIN BENGLOW, PALLIMUKKU,KUNDARA.P.O., KOLLAM.691 501 (MINOR), REPRESENTED BY FATHER MATHEW ABRAHAM, S/O.LATE K.M.ABRAHAM, AGED 49 YEARS, RESIDENT OF KALLUVILA BIJIN BUNGALOW,PALLIMUKKU, KUNDARA P.O., KOLLAM.** - **2 AMINA NOWSHAD AGED 15 YEARS, D/O.NOWDHAD, STUDENT STD X, LITTLE FLOWER E.M.H.S.THRIPPILLAZHIKOM, KOLLAM-691 509, RESIDENT OF AMINA HOUSE,P.K.P.KAVALA, REPRESENTED BY NEXT FRIENDMATHEW ABRAHAM, S/O.LATE K.M.ABRAHAM, AGED 49 YEARS, RESIDENT OF KALLUVILA BIJIN BUNGALOW,PALLIMUKKU, KUNDARA P.O., KOLLAM.** - **3 AYISHA S AGED 15 YEARS, D/O.SHAJAHAN S, STUDENT STD X, LITTLE FLOWER E.M.H.S.THRIPPILLAZHIKOM-691 509,RESIDENT OF ALEENA MANZHIL, VELIYAM WEST** W. P. (C) No. 405 of 2018 and connected cases -7- **P.O.,KOLLAM.691 540.(MINOR), REPRESENTED BY NEXT FRIENDMATHEW ABRAHAM, S/O.LATE K.M.ABRAHAM, AGED 49 YEARS, RESIDENT OF KALLUVILA BIJIN BUNGALOW,PALLIMUKKU, KUNDARA P.O., KOLLAM.** **4 SHEYA THANKAM SAM AGED 15 YEARS, D/O.SAM GEORGE, STUDENT STD X, LITTLE FLOWER E.M.H.S.THRIPPILLAZHIKOM-691 509,RESIDENT OF SAM KOTTAGE, EZHUMONE P.O.,CHEERANKAVU, KUNDARA, KOLLAM-691 505. (MINOR),REPRESENTED BY NEXT FRIENDMATHEW ABRAHAM, S/O.LATE K.M.ABRAHAM, AGED 49 YEARS, RESIDENT OF KALLUVILA BIJIN BUNGALOW,PALLIMUKKU, KUNDARA P.O., KOLLAM.** - **5 ANUPAMA AJAYAN B** **AGED 15 YEARS, D/O.R.AJAYAKUMAR, STUDENT STD X, LITTLE FLOWER E.M.H.S.THRIPPILLAZHIKOM-691 509,RESIDENT OF RAVEENDRA SADANAM, PULIYILA P.O.,KOLLAM-691 515(MINOR), REPRESENTED BY NEXT FRIENDMATHEW ABRAHAM, S/O.LATE K.M.ABRAHAM, AGED 49 YEARS, RESIDENT OF KALLUVILA BIJIN BUNGALOW,PALLIMUKKU, KUNDARA P.O., KOLLAM.** - **6 SHREYA P.S** **AGED 15 YEARS, D/O.PRADEEP KUMAR B, STUDENT STD X, LITTLE FLOWER E.M.H.S.THRIPPILLAZHIKOM-691 509,RESIDENT OF SREE NIVAS, KALLUMPURAM, EZHUKONE P.O.,KOLLAM.691 505.(MINOR), REPRESENTED BY NEXT FRIENDMATHEW ABRAHAM, S/O.LATE K.M.ABRAHAM, AGED 49 YEARS, RESIDENT OF KALLUVILA BIJIN BUNGALOW,PALLIMUKKU, KUNDARA P.O., KOLLAM.** - **7 RIMA BIJU** **AGED 15 YEARS, D/O.BIJU VARGHESE, STUDENT STD X, LITTLE FLOWER E.M.H.S.THRIPPILLAZHIKOM-691 509,RESIDENT OF VADAKKETHIL VEEDU, PALLIMUKKU,KUNDARA P.O., KOLLAM.691 501. (MINOR),REPRESENTED BY NEXT FRIENDMATHEW ABRAHAM, S/O.LATE K.M.ABRAHAM, AGED 49 YEARS, RESIDENT OF KALLUVILA BIJIN BUNGALOW,PALLIMUKKU, KUNDARA P.O., KOLLAM.** - **8 ANANDU S** **AGED 15 YEARS, S/O.SUBHASH KUMAR, STUDENT STD X, LITTLE FLOWER E.M.H.S.THRIPPILLAZHIKOM-691 509,RESIDENT OF ATHUL NIVAS, EZHUKONE P.O.,KOLLAM.691 501.(MINOR), REPRESENTED BY NEXT FRIENDMATHEW ABRAHAM, S/O.LATE K.M.ABRAHAM, AGED 49 YEARS, RESIDENT OF KALLUVILA BIJIN BUNGALOW,PALLIMUKKU, KUNDARA P.O., KOLLAM.** W. P. (C) No. 405 of 2018 and connected cases -8- **9 FEMINA R AGED 15 YEARS, D/O.RASHEED B, STUDENT STD X, LITTLE FLOWER E.M.H.S.THRIPPILLAZHIKOM,KOLLAM.691 509, RESIDENT OF AMINA MANZIL,EDAYIL THUNDIL VEEDU, THRIPPILLAZHIKOM.P.O.,KUNDARA, KOLLAM.691 509.** **10 SIBIN A.BIJU AGED 15 YEARS, S/O.BIJU ALEX, STUDENT STD X, LITTLE FLOWER E.M.H.S.THRIPPILLAZHIKOM-691 509,RESIDENT OF MARATHANDAPURATHU SIBIN VILLA,MULAVANA P.O., KUNDARA, KOLLAM.691 503. (MINOR),REPRESENTED BY NEXT FRIENDMATHEW ABRAHAM, S/O.LATE K.M.ABRAHAM, AGED 49 YEARS, RESIDENT OF KALLUVILA BIJIN BUNGALOW,PALLIMUKKU, KUNDARA P.O., KOLLAM.** - **11 THE KERALA LOK AYUKTA REPRESENTED BY ITS REGISTRAR,OFFICE OF THE KERALA LOK AYUKTA, LEGISLATIVE COMPLEX, VIKAS BHAVAN,THIRUVANANTHAPURAM.695 033. BY ADV SRI.K.B.PRADEEP** **THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04.08.2022, ALONG WITH WP(C).405/2018 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** W. P. (C) No. 405 of 2018 and connected cases -9- ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR** **& THE HONOURABLE MR. JUSTICE SHAJI P.CHALY THURSDAY, THE 4[TH] DAY OF AUGUST 2022 / 13TH SRAVANA, 1944 WP(C) NO. 583 OF 2018** ## **PETITIONER/S:** - **1 ADDITIONAL DIRECTOR OF PUBLIC INSTRUCTIONS (GENERAL)** - **DPI JN., JAGATHY, THIRUVANANTHAPURAM - 14(GENERAL CONVENOR, KERALA STATE SCHOOLKALOLSAVAM 20172018).** - **2 DEPUTY DIRECTOR OF EDUCATION THRISSUR, C.M.S.HSS, THRISSUR,(CONVERNOR, KERALA STATE SCHOOL KALOLSAVAM 2017-2018).** - **3 DEPUTY DIRECTOR OF EDUCATION MALAPPURAM, OFFICE OF DEPUTY DIRECTOR OF EDUCATION,MALAPPURAM - 676 519 (GENERAL** - **CONVENOR,DISTRICT SCHOOL KALOLSAVAM, MALAPPURAM 2017-2018).** **BY ADV V. TEKCHAND, GOVERNMENT PLEADER** ## **RESPONDENT/S:** - **1 ABHIRAMNI K AGED 17 YEARS STD XII, (TEAM LEADER), (MINOR),AGED ABOUT 17 YEARS, GOVT.BHSS,TIRUR REPRESENED BY HER FATHERJAYAPRAKASH.K, AGED 45 YEARS,S/O.** - **K.DAMODARAN, KANNARAMBATH HOUSE,PURATHUR P.O., PURATHUR VILLAGE,TIRUR TALUK, MALAPPURAM - 676 102.** - **2 VISHNU PRIYA AGED 16 YEARS** - **STX XI, GOVT. BHSS, TIRUR, AGED ABOUT 16 YEARS, REPRESENTED BY HER NEXT FRIENDJAYAPRAKASH.K., AGED 45 YEARS,S/O. K.DAMODARAN, KANNARAMBATH HOUSE,PURATHUR P.O., PURATHUR VILLAGE,TIRUR TALUK, MALAPPURAM - 676 102.** - **3 SHANA ASHKAR V AGED 16 YEARS** - **STD XI, GOVT. BHSS, TIRUR, AGED ABOUT 16 YEARS, REPRESENTED BY HER NEXT FRIENDJAYAPRAKASH.K, AGED** W. P. (C) No. 405 of 2018 and connected cases -10- **45 YEARS,S/O.K.DAMODARAN, KANNARAMBATH HOUSE,PURATHUR P.O., PURATHUR VILLAGE,TIRUR TALUK, MALAPPURAM - 676 102. 4 SWETHA PRAMOD AGED 16 YEARS STX XI, GOVT.BHSS, AGED ABOUT 16 YEARS,TIRUR REPRESENTED BY HER NEXT FRIENDJAYAPRAKASH.K, AGED 45 YEARS, S/O.K.DAMODARAN, KANNARAMBATH HOUSE,PURATHUR P.O., PURATHUR VILLAGE,TIRUR TALUK, MALAPPURAM - 676 102. 5 MALAVIKA MADHUSOODHANAN AGED 16 YEARS AGED ABOUT 16 YEARS, STD XI, GOVT.BHSS,TIRUR REPRESENTED BY HER NEXT FRIENDJAYAPRAKSH.K, AGED 45 YEARS, S/O.K.DAMODARAN, KANNARAMBATH HOUSE,PURATHUR P.O., PURATHUR VILLAGE,TIRUR TALUK, MALAPPURAM - 676 102. 6 ASLHA ABDULLA AGED 16 YEARS AGED ABOUT 16 YEARS, STD XI, GOVT. BHSS,TIRUR REPRESENTED BY HER NEXT FRIENDJAYAPRAKASH.K, AGED 45 YEARS, S/O.K.DAMODARAN, KANNARAMBATH HOUSE,PURATHUR P.O., PURATHUR VILLAGE,TIRUR TALUK, MALAPPURAM - 676 102. 7 GAYATHRI N AGED 16 YEARS AGED ABOUT 16 YEARS, STD XI, GOVT. BHSS,TIRUR REPRESENTED BY HER NEXT FRIEND JAYAPRAKASH.K, AGED 45 YEARS, S/O. K.DAMODARAN, KANNARAMBATH HOUSE,PURATHUR P.O., PURATHUR VILLAGE,TIRUR TALUK, MALAPPURAM - 676 102. 8 THE KERALA LOK AYUKTA REPRESENTED BY ITS REGISTRAR,OFFICE OF THE KERALA LOK AYUKTA,LEGISLATIVE COMPLEX, VIKAS BHAVAN,THIRUVANANTHAPURAM - 695 033. BY ADVS. SRI.JAMSHEED HAFIZ SRI.K.B.PRADEEP SMT.T.S.SREEKUTTY** **THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04.08.2022, ALONG WITH WP(C).405/2018 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** W. P. (C) No. 405 of 2018 and connected cases -11- **IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR & THE HONOURABLE MR. JUSTICE SHAJI P.CHALY THURSDAY, THE 4[TH] DAY OF AUGUST 2022 / 13TH SRAVANA, 1944 WP(C) NO. 595 OF 2018** ## **PETITIONER/S:** - **1 DIRECTOR OF PUBLIC INSTRUCTION/GENERAL CONVENER KERALA STATE SCHOOL KALOLSAVAM 2017-2018, DPI OFFICE, JAGATHY P.O., THIRUVANANTHAPURAM.** - **2 ADDITIONAL DIRECTOR OF PUBLIC INSTRUCTIONS GENERAL CONVENER, KERALA STATE SCHOOL KALOLSAVAM 2017-2018,DPI OFFICE, JAGATHY P.O., THIRUVANANTHAPURAM.** - **3 DEPUTY DIRECTOR OF EDUCATION KOLLAM GENERAL CONVENER AND CHAIRMAN, APPEAL COMMITTEE,KERALA STATE SCHOOL KALOLSAVAM 20172018, KOLLAM, DDE OFFICE, KOLLAM.** - **4 DEPUTY DIRECTOR OF EDUCATION DDE OFFICE AYANTHOL THRISSUR.** - **BY ADV V. TEKCHAND, SENIOR GOVERNMENT PLEADER** ## **RESPONDENT/S:** - **1 NANDHALAL SATHYAN AGED 15 YEARS, S/O.SATHYAN G.,STUDENT STD.X, LITTLE FLOWER E.M.H.S. THRIPPILLAZHIKOM, KOLLAM691509, RESIDENT OF THADATHIL VEEDU, KALLUMTHAZHAM P.O., KILIKOLLOR, KOLLAM-691004, (MINOR), REPRESENTED BY FATHER AND GUARDIAN SATHYAN G.,AGED 47 YEARS, S/O.LATE K.GOPALAN, RESIDENT OF THADATHI VEEDU, KALLUMTHAZHAM P.O.,KILIKOLLOOR, KOLLAM-691004.** - **2 LIBIN BABU AGED 15 YEARS, S/O.CHACKO BABU, STUDENT STD.X,LITTLE FLOWER E.M.H.S.** **THRITHRIPPILLAZHIKOM,KOLLAM-691509,RESIDENT OF KALPPANA HOUSE, THRIPPILLAZHIKOM, KOLLAM-691509 (MINOR),REPRESENTED BY NEXT FRIEND SATHYAN G.,AGED 47 YEARS, S/O.LATE K.GOPALAN, RESIDENT OF THADATHI VEEDU, KALLUMTHAZHAM P.O.,KILIKOLLOOR, KOLLAM-691004.** W. P. (C) No. 405 of 2018 and connected cases -12- - **3 ADWIN JOHNS** **AGED 15 YEARS, S/O.JOHNSON, STUDENT STD.X,LITTLE FLOWER E.M.H.S. THRITHRIPPILLAZHIKOM,KOLLAM691509, RESIDENT OF MINI LAND, KOTTARAKKARA, NEELESWARAM P.O., KOLLAM-691505(MINOR), REPRESENTED BY NEXT FRIEND SATHYAN G.,AGED 47 YEARS, S/O.LATE K.GOPALAN,RESIDENT OF THADATHI VEEDU, KALLUMTHAZHAM P.O.,KILIKOLLOOR, KOLLAM691004.** - **4 LIBIN O. PANICKER** **AGED 15 YEARS, S/O.OOMMEN PANICKER, STUDENT STD.X,LITTLE FLOWER E.M.H.S. THRITHRIPPILLAZHIKOM,KOLLAM-691509, RESIDENT OF MUNDAKKAL VEEDU, IRUMPANAGADU P.O., EXHUKONE, KOLLAM-691505 (MINOR),REPRESENTED BY NEXT FRIEND SATHYAN G.,AGED 47 YEARS, S/O.LATE K.GOPALAN,RESIDENT OF THADATHI VEEDU, KALLUMTHAZHAM P.O.,KILIKOLLOOR, KOLLAM-691004.** **5 ASWIN A. AGED 15 YEARS, S/O.ANIL KUMAR, STUDENT STD.X,LITTLE FLOWER E.M.H.S. THRITHRIPPILLAZHIKOM,KOLLAM-691509, RESIDENT OF ANIL MANDIRAM, CHERUMOOD, VELLIMON P.O., KOLLAM691511(MINOR),REPRESENTED BY NEXT FRIEND SATHYAN G.,AGED 47 YEARS, S/O.LATE K.GOPALAN,RESIDENT OF THADATHI VEEDU, KALLUMTHAZHAM P.O.,KILIKOLLOOR, KOLLAM-691004.** - **6 CIBIN A.** **AGED 15 YEARS, S/O.LATE ANIL KUMAR, STUDENT STD.X,LITTLE FLOWER E.M.H.S. THRITHRIPPILLAZHIKOM,KOLLAM-691509, RESIDENT OF ELLAMKONATHU VEEDU, EZHUKONE P.O., KOLLAM-691505 (MINOR),REPRESENTED BY NEXT FRIEND SATHYAN G.,AGED 47 YEARS, S/O.LATE K.GOPALAN,RESIDENT OF THADATHI VEEDU, KALLUMTHAZHAM P.O.,KILIKOLLOOR, KOLLAM-691004.** **7 SUHAIL S. AGED 15 YEARS, S/O.SHARAFUDHEEN, STUDENT STD.X,LITTLE FLOWER E.M.H.S. THRITHRIPPILLAZHIKOM,KOLLAM-691509, RESIDENT OF THEKKEVILA VEEDU, MULAVANA P.O., PUNNATHADAM, KOLLAM-691503 (MINOR),REPRESENTED BY NEXT FRIEND SATHYAN G.,AGED 47 YEARS, S/O.LATE K.GOPALAN,RESIDENT OF THADATHI VEEDU, KALLUMTHAZHAM P.O.,KILIKOLLOOR, KOLLAM-691004.** - **8 JITHIN P. KURIAKOSE AGED 15 YEARS, S/O.KURIAKOSE, STUDENT** W. P. (C) No. 405 of 2018 and connected cases -13- **STD.X,LITTLE FLOWER E.M.H.S. THRITHRIPPILLAZHIKOM,KOLLAM-691509,RESIDENT OF POIKAYIL JOSE BHAVAN, MULAVANA P.O., KUNDARA, KOLLAM-691503 (MINOR),REPRESENTED BY NEXT FRIEND SATHYAN G.,AGED 47 YEARS, S/O.LATE K.GOPALAN,RESIDENT OF THADATHI VEEDU, KALLUMTHAZHAM P.O.,KILIKOLLOOR, KOLLAM-691004.** **9 IWIN P.SHIBU AGED 15 YEARS, S/O.SHIBU P.VARGHESE, STUDENT STD.X,LITTLE FLOWER E.M.H.S. THRITHRIPPILLAZHIKOM,KOLLAM-691509,RESIDENT OF PLAVILA THEKKEATHIL, THRIPPILLAZHIKOM, KUNDARA, KOLLAM-691509 (MINOR),REPRESENTED BY NEXT FRIEND SATHYAN G.,AGED 47 YEARS, S/O.LATE K.GOPALAN,RESIDENT OF THADATHI VEEDU, KALLUMTHAZHAM P.O.,KILIKOLLOOR, KOLLAM-691004. 10 PRASHI P NAIR AGED 13 YEARS, S/O.PRAVEEN NAIR, STUDENT STD.X,LITTLE FLOWER E.M.H.S. THRITHRIPPILLAZHIKOM,KOLLAM-691509,RESIDENT OF KALAPILAVIL HOUSE,CHARUKADU, CHEMMAKADU P.O., PERINAD, KOLLAM-691601 (MINOR),REPRESENTED BY NEXT FRIEND SATHYAN G.,AGED 47 YEARS, S/O.LATE K.GOPALAN,RESIDENT OF THADATHI VEEDU, KALLUMTHAZHAM P.O.,KILIKOLLOOR, KOLLAM-691004. 11 THE KERALA LOK AYUKTA REPRESENTED BY ITS REGISTRAR OFFICE OF THE KERALA LOK AYUKTA, LEGISLATIVE COMPLEX, VIKAS BHAVAN, THIRUVANANTHAPURAM-695033. BY ADV SRI.K.B.PRADEEP** **THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04.08.2022, ALONG WITH WP(C).405/2018 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** W. P. (C) No. 405 of 2018 and connected cases -14- ## **C. R.** ## **J U D G M E N T** ## S. Manikumar, C. J. In all these writ petitions, interim orders passed by the Upa Lok Ayukta in various complaints are challenged. 2. For brevity, it is suffice to extract one such order made in I. A. No. 2236 of 2017 in complaint No. 1468 of 2016, impugned in W. P. (C) No. 405 of 2018, as hereunder:- “Having regard to the peculiar facts and circumstances of the case, respondent no. 3 is directed to permit the petitioner / complainant to participate in the item “Padyam Chollal – Tamil – HSS General” at the Kerala State School Kalolsavam 2017-18 scheduled to be held from 6.1.2018 at Thrissur provisionally and subject to further orders that may be passed in the complaint.” 3. Being aggrieved by the orders stated supra, instant writ petitions are filed on the grounds inter alia that as per Section 7(1) of the Act, Lok Ayukta or Upa Lok Ayukta, may investigate any action in any case where a complaint involving a grievance or allegation is made in respect of such actions. W. P. (C) No. 405 of 2018 and connected cases -15- 4. As per Section 2(h) of the Act, "grievance" means a claim by a person that he sustained injustice or undue hardship in consequences of maladministration. 5. As per Section 2(b) of the Act, "allegation" means that a public servant has abused his position to obtain any gain or favour to himself or to cause undue harm or hardship, that the public servant was actuated by personal interest or improper or corrupt motives or that the public servant was guilty of corruption for favoritism, nepotism or lack of integrity. 6. As per Section 2(k) of the Act, "maladministration" means action taken or purporting to have been taken in exercise of administrative function in any case where such action or the administrative procedure was unreasonable, unjust, oppressive or improperly discriminatory or that there was willful negligence or undue delay in taking such action. 7. Ext. P1 complaint does not reveal any grievance in consequence of maladministration, any maladministration of any sought by any administrative functionary or any allegation with regard W. P. (C) No. 405 of 2018 and connected cases -16- to any public servant. In the said circumstances, neither the Lok Ayukta nor the Upa Lok Ayukta had any jurisdiction to entertain Ext. P1 complaint. 8. Petitioners have further contended that the Lok Ayukta, in terms of Section 12 of the Act, can only make recommendations to the concerned authorities and cannot make positive directions. It has been repeatedly laid down by this Court by way of judicial precedents that the Lok Ayukta could not issue positive directions. 9. It is trite law that no interim relief can be granted if there is no power to grant such final reliefs. In the said circumstances, Ext. P2 order dated 19.12.2017 impugned in W. P. (C) No. 405 of 2018, whereby a positive direction is issued to the writ petitioners to permit the 1[st] respondent in the writ petition, to take part in the School Youth Festival, is totally unsustainable in law. 10. Petitioners have also contended that even if it is deemed for argument's sake that there is "maladministration" as defined under the Act (not admitted), as per Section 12(1) of the Act, the Upa Lok Ayukta can only forward a report to the concerned authority, which W. P. (C) No. 405 of 2018 and connected cases -17- report is not also of binding nature. In the said circumstances, the Upa Lok Ayukta exceeded in jurisdiction conferred as per the Act in passing a binding interim order in the nature of Ext. P2. 11. Petitioners have submitted that as revealed from Ext. P1 complaint, the 1[st] respondent is aggrieved by the order in appeal preferred by her. According to the 1[st] respondent, there was no valid reason for denying the appeal and that the same was disposed belatedly. The order dismissing the appeal preferred by the 1[st] respondent cannot be stated to be unreasonable, unjust, oppressive or improperly discriminatory action. Even if the dismissal of the same was erroneous or wrong in law, the same cannot be classified as maladministration within the meaning of the Act. The delay in disposing off the statutory appeal was not or was due to willful negligence or undue and the same was disposed of sufficiently early before the State School Kalolsavam. The delay in disposing of the appeal occurred only because of the large number of appeals being preferred. 12. Petitioners have further submitted that the State School W. P. (C) No. 405 of 2018 and connected cases -18- Youth Festival is being conducted by the Government of Kerala and its conduct definitely involves the interests of the State. In the said circumstances, "State of Kerala" ought to have been made a party to Ext. P1 complaint. The failure to do so, apart from making Ext. P1 complaint bad, for non joinder of necessary party, is also violative of the statutory mandate in terms of Section 9(8) of the Act. Ext. P1 complaint ought not have been entertained by the Upa Lok Ayukta on this count alone. 13. It is further submitted that as per clause 11.02 of the Kerala School Youth Festival Manual, only the candidate who got "A" Grade and the topmost marks in an item in Revenue District Youth Festival can participate in the State School Youth Festival. Ext. P2 order has resulted in a situation whereby two candidates from a single revenue district will take part in a particular item. The inter se merits of candidates participating in a School Youth Festival and the rights of candidates to participate in a School Youth Festival are matters which are beyond the scope of investigation of Kerala Lok Ayukta in terms of Section 7 of the Act. W. P. (C) No. 405 of 2018 and connected cases -19- 14. It is also submitted that the Lok Ayukta is a creation of the Act and has no inherent jurisdiction. It cannot assume any jurisdiction to itself. It cannot decide upon matters in relation to which no powers are conferred on it as per the Act. The jurisdiction of the Kerala Lok Ayukta and Upa Lok Ayukta is circumscribed by Sections 7(1), (2) and (3) of the Act. Ext. P1 complaint does not invite any cause of action in terms of Sections 7(1), (2) and (3) of the Act. 15. By inviting the attention of this Court to the judgment made in W. P. (C) No. 18950 of 2018 dated 08.06.2018, Mr. V. Tekchand, learned Senior Government Pleader, submitted that in similar circumstances, when interim orders were passed by the Lok Ayukta directing participation of students in the programmes, a Hon'ble Division Bench of this Court has passed detailed orders and in such circumstances, prayed to lay down a law on the aspect of entertaining a complaint before the Lok Ayukta in respect of allegation or grievance regarding the assessment of performance of the participants in the programmes or Youth Festivals conducted. 16. Reliance was also placed on a decision of this Court in W. P. (C) No. 405 of 2018 and connected cases -20- ## **Sweety v. State of Kerala [1994 KHC 216]** , wherein it is held as follows:- “4. I would prefer to deal with this question also from a different angle. Every college or school authorities have discretion to adopt any rule or procedure to regulate the curricular or extra-curricular activities of students in their institutions. The educational authorities have also power to frame rules or by laws for their own guidance in cases where State level or District level functions or festivals are organised to promote extra- curricular activities among students. Under whatever name they are called, they are purely rules, intended to serve internal discipline among the students. The persons or authorities functioning under such rules shall have absolute freedom to control and check the affairs of the students participating in such extra curricular activities. Of course this freedom is subject to inherent and in built restrictions. In maintaining internal discipline among students who participate in such functions or festivals, the persons or authorities in charge may adopt different modes for the conduct of the affairs in an orderly manner. According to me such persons or authorities shall not be called upon to explain their conduct in the discharge of their functions In exercise of powers available to this court under Art.226 of the Constitution. Of course the position is different if there is violation of fundamental rights of the students attending such festivals or functions by the action of such persons or authorities. In such extreme cases this court will be justified if interference is W. P. (C) No. 405 of 2018 and connected cases -21- made. I fail to see any of such questions in the present writ petitions. 5. While dealing with these cases it came to my notice that there are functionaries like 'Judges', 'Appeal Committee', etc. functioning under the rules framed for the conduct of competitions. Those bodies cannot be equated with ordinary judicial or quasi judicial bodies. As pointed out earlier, they are purely internal bodies of the educational institutions intended to subserve discipline among students in situations where disputes are likely to occur. The exercise of their functions is completely confined to the field of Youth Festival where the discipline is absolutely necessary for the proper conduct of different competitions among the students. The decisions will have to be taken in certain cases on the spot and I fail to see how such decisions can be challenged in these proceedings. The assessment of performance of the participants are made by the 'judges'. Their wisdom and reason are final in such internal matters of educational institutions. However as an abundant caution the appeals are provided before the 'appeal committee' against the decision of the 'Judges'. The decision of the 'appeal' committee' shall be accepted as conclusive and final by the students and all others. That is purely a matter of observance of internal discipline. This court, according to me, will not be justified in interfering with such assessment of performance made by the appeal committee in their discretionary powers. 6. In these cases I have noticed from the tabulated W. P. (C) No. 405 of 2018 and connected cases -22- statement filed on behalf of the General Convener, 33[rd] Youth Festival, that the petitioners in O. P. Nos. 29/93 and 34/93 have not filed appeals as provided under the Rules. Therefore the assessment or performance made by the judges in their cases are final. in the case of petitioners in O. P. Nos.21/93, 81/93, 135/93 and 143/93, the appeals filed by them were rejected by appeal committee. Thus the assessment made in their cases by the committee has become final and conclusive. In any case reappraisal of assessment of merit of the competitors by this court is not called for in view of the reasons afore-mentioned. 7. Under the above circumstances, I have no option except to dismiss these petitions. They are accordingly dismissed.” 17. After considering the averments and material on record, and in particular, the direction issued by the Lok Ayukta regarding participation of students in a programme, a Hon'ble Division Bench of this Court in W. P. (C) No. 18950 of 2018 dated 08.06.2018, ordered thus:- “7. We do not find any merit in the contentions. Incidentally, it is relevant to note that this Court has come across various similar orders being passed by the Upa Lok Ayukta, Human Rights Commission, Civil Courts and such other bodies, as a matter of course, granting permission to the lost contestants W. P. (C) No. 405 of 2018 and connected cases -23- to participate in the youth festivals at higher levels and on the strength of such orders, they, who otherwise are not qualified for having failed to secure the 'first place' to have the eligibility to participate in the next level of participation secure undue benefit. The adverse circumstances resulted by virtue of such course have been highlighted by this Court on many an occasion, including as to the unsettling of the equilibrium in the time schedule fixed for conducting the festival. 8. The students in favour of whom such interim orders are passed may be persons, as in the instant case, the third prize winner or those who occupy much lower level. The student who got the second place or such other higher position as the case may be, if belongs to poor strata of the society, he will not be in a position to challenge the verdict passed at the feeder level and might be resting at home cursing his fate. In other words, the students who are awarded/rated with the 'second' or such other higher position are made to stay at home, the contestants at still lower level are being permitted to participate in the event. This will perpetuate injustice, compromising with the better talent. The interim orders being passed under such circumstances as a matter of course, are not at all in the best interest of the deserving lot, catering to the interested persons, who can afford to bear the cost of litigation, which is to be taken serious note of. 9. The interim orders passed by such authorities/quasi judicial bodies still virtually provide for increasing the number of participants in a given event or programme, where the number of W. P. (C) No. 405 of 2018 and connected cases -24- permissible participants stands restricted by the organizers. It is to be noted, as part of illustration, the participants in a specific event may be '14' of '16', having secured the first position at the district level [representing the different districts/revenue/educational districts] and the time schedule will be fixed in such a manner so as to complete the event to be followed by such other events to be conducted on the same stage, on the very same day. If the students occupying only lower position in the feeder level, are also permitted to participate as a matter of course [by Lok Ayukta or such other forum], there is a chance of increase in the total number of participants even beyond the logical limits. As a natural consequence, the time schedule will get unsettled and the event may go unending, even to be carried to the next day, adversely affecting the performance of other children who are waiting in the queue [who are otherwise qualified by virtue of their own merits, having secured the first position at feeder level] and also causing hardships to the members in the judging panel. This cycle will continue, resulting in undue delay in commencement and completion of the program in respect of the events scheduled on the same date, which has been deprecated by this Court on many an occasion. 10. The learned Government Pleader submits that the organizers are finding it extremely difficult to have the events conducted as per the time schedule, because of such orders and in the said circumstance, the State/Department has already approached this Court filing a Writ Petition projecting the grievance which is pending consideration. We do not intend to W. P. (C) No. 405 of 2018 and connected cases -25- express anything further in this regard, as the issue is pending. We have referred to all these aspects only in the given context, to assert that the petitioner, after getting interim order from the Upa Lok Ayukta to participate in the event, was not at all justified in not remitting the process charges on time and in keeping himself away from the proceedings pending before the Upa Lok Ayukta. As mentioned already, the conduct displayed by the petitioner stands deprecated by the Lok Ayukta itself and it was accordingly, that the I.A.s filed have been dismissed as per Ext. P4, which does not call for any interference. The Writ Petition fails and it is dismissed accordingly.” 18. Section 7 of the Lok Ayukta Act, 1999, deals with matters which may be investigated by the Lok Ayukta and Upa Lok Ayukta. Aspect as to whether a complaint involves a grievance or an allegation is made in respect of such actions or such action can be or would have been in the opinion of the Upa Lok Ayukta, the subject of a grievance or an allegation, can be entertained by the Lok Ayukta, only after examining the facts involved, supporting documents, or in other words, in our opinion, on case to case basis and no law can be laid down by this Court that the Lok Ayukta or the Upa Lok Ayukta, has no powers to entertain any complaint involving grievance of an allegation concerning the assessment of performance of participants in respect of W. P. (C) No. 405 of 2018 and connected cases -26- any festival or programme organized at District / State Level. 19. However, as a Hon'ble Division Bench of this Court in exercise of the powers under Article 226 of the Constitution of India, has already taken note of various similar orders passed by the authorities under various Acts and made observations, we are of the view that the authorities under the Acts, namely Upa Lok Ayukta, Human Rights Commission, Juvenile Justice Board, Civil Courts etc., should take note of the observations and directions issued in the judgment dated 08.06.2018 in W. P. (C) No. 18950 of 2018 while considering the complaints or entertaining any complaint regarding grievance or allegation in respect of the participation of students in cultural or other events at District / State Level, subject matter before the above referred authorities. 20. Record of proceedings shows that there is a stay of the order of the Upa Lok Ayukta dated 19.12.2017 in I. A. No. 2236 of 2017 in complaint No. 1468 of 2017 permitting the complainant to participate in the item “Padyam Chollal – Tamil – HSS General”. As the event is already over, there is no need to go into the merits of the writ petition. W. P. (C) No. 405 of 2018 and connected cases -27- Writ petitions are disposed of accordingly. Registry is directed to circulate the orders of this Court to the Hon'ble Lok Ayukta, Hon'ble Upa Lok Ayukta, Hon'ble Human Rights Commission and Juvenile Justice Boards. Sd/- **S. MANIKUMAR CHIEF JUSTICE** Sd/- **SHAJI P. CHALY JUDGE** Eb ///TRUE COPY/// P. A. TO JUDGE W. P. (C) No. 405 of 2018 and connected cases -28- ## **APPENDIX OF WP(C) 405/2018** **PETITIONER EXHIBITS EXHIBIT-P1 TRUE COPY OF THE COMPLAINT N0. 1468/2017C BEFORE THE LEARNED LOK AYUKTA EXHIBIT-P2 TRUE COPY OF THE ORDER DATED 19/12/2017 IN I.A 2236/2017** W. P. (C) No. 405 of 2018 and connected cases -29- ## **APPENDIX OF WP(C) 91/2018** **PETITIONER EXHIBITS EXHIBIT P1 A TRUE PHOTOCOPY OF THE COMPLAINT NO.1450/17 BEFORE THE LEARNED LOK AYUKTA EXHIBIT P2 A TRUE PHOTOCOPY OF THE ORDER DATED 19.12.2017 IN I.A NO.2218 OF 2017.** W. P. (C) No. 405 of 2018 and connected cases -30- ## **APPENDIX OF WP(C) 418/2018** ## **PETITIONER EXHIBITS** **EXHIBIT P1. A TRUE PHOTOCOPY OF THE COMPLAINT NO.1464/2017 C BEFORE THE LEARNED LOK AYUKTA EXHIBIT P2. A TRUE PHOTOCOPY OF THE ORDER DATED 19.12.2017 OF THE LEARNED UPA LOK AYUKTA IN I.A.NO.2232 OF 2017 IN COMPLAINT NO.1464/17 C.** W. P. (C) No. 405 of 2018 and connected cases -31- ## **APPENDIX OF WP(C) 552/2018** **PETITIONER EXHIBITS** **EXHIBIT P1** **EXHIBIT P2** **A TRUE PHOTOCOPY OF THE COMPLAINT NO. 1491/17 C BEFORE THE LEARNED LOK AYUKTA A TRUE PHOTOCOPY OF THE ORDER DATED 20.12.2017 OF THE LEARNED KERALA LOK AYUKTA IN I.A.NO. 2260 OF 2017 AND COMPLAINT NO. 1491 OF 2017.** W. P. (C) No. 405 of 2018 and connected cases -32- ## **APPENDIX OF WP(C) 582/2018** **PETITIONER EXHIBITS EXHIBIT P1 A TRUE PHOTOCOPY OF THE COMPLAINT NO.1422/17 A BEFORE THE LEARNED LOK AYUKTA** **EXHIBIT P2 A TRUE PHOTOCOPY OF THE ORDER DATED 18.12.2017 IN I.A.NO.2184 OF 2017.** W. P. (C) No. 405 of 2018 and connected cases -33- ## **APPENDIX OF WP(C) 583/2018** **PETITIONER EXHIBITS EXHIBIT P1 A TRUE PHOTOCOPY OF THE COMPLAINT NO. 1602/17 A BEFORE THE LEARNED LOK AYUKTA EXHIBIT P2 A TRUE PHOTOCOPY OF THE ORDER DATED 21.12.2017 IN IA NO. 2379 OF 2017.** W. P. (C) No. 405 of 2018 and connected cases -34- ## **APPENDIX OF WP(C) 595/2018** **PETITIONER EXHIBITS EXHIBIT P1 A TRUE PHOTOCOPY OF THE COMPLAINT NO.1424/17 A BEFORE THE LEARNED LOK AYUKTA** **EXHIBIT P2 A TRUE PHOTOCOPY OF THE ORDER DATED 18.12.2017 IN I.A.NO.2186 OF 2017**