W.P.(C)/10639/2018 of BADAL CHAPRANA & ANR Vs UNION OF INDIA & ORS

* IN THE HIGH COURT OF DELHI AT NEW DELHI+ W.P.(C) 10639/2018 BADAL CHAPRANA & ANR

..... Petitioner Through: Mr. B.S. Nagar, Adv. with Mr. Shobhit Jain, Adv.

versus

UNION OF INDIA & ORS

..... Respondent Through: Mr. Ravi Prakash, CGSC with Mr. Varun Pathak, Mr. Debajyoti Behuria, Mr. Nitish Gupta & Mr. Farman Ali, Advs. for UOI Mr. Sandeep Sethi, Sr. Adv. with Ms. Sneha Jain & Mr. Ranjeet, Advs. for Mashal Mr. Saikrishna Rajagopal, Adv. with Mr. Utsav Trivedi & Ms. Deepti Sarin, Advs. Mr. Keshav Mohan, Adv. with Mr. Rishi K. Awasthi & Mr. Kabir Ghosh, Advs. for R-5

CORAM:

HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE V. KAMESWAR RAO O R R% 05.10.2018

1. The present petition has been filed by the petitioners with the

following prayers:-

“It is most therefore, most respectfully prayed that this Hon’ble Court may graciously pleased to;

I. Issue an order, direction or writ in the nature of mandamus, certiorari or any other appropriate writ thereby directing Union of India to stipulate proper guidelines for fair and transparent selection of deserving players in Indian teams for all games.

II. Issue an order, direction or writ thereby directing Ministry of Youth Affairs and Sports, sports Authority of India (SAI), Indian Olympic association (IOA) and all concerned National sports Federations (NSF) to form proper provision for notification and publicity on large scale in all the area including remote areas across the Country of such selection process for all games.

III. Declare all such events as illegal for which there is no selection of players by following the selection process after giving wide publicity to give equal opportunity to all the players associated with any Federation.

IV. Pass any further order as this Hon’ble High Court may deem fit and proper in the facts and circumstances of the case.”

2. The plea of the petitioners in this petition is that they are international

kabaddi players, who have played right from the school level to international level and brought laurels to the country. The National Sports Code of India, 2011 has been formulated by the Ministry of Youth Affairs and Sports, Govt. of India. Most of the federations in India are registered under the

Societies Registration Act at District, State and National level and District and State level Associations forms Electoral College and it is the Members of the Electoral College, who elect the officials of Federation at National level. One such Federation is Amateur Kabaddi Federation of India (‘AKFI’ in short), which is recognized by the Ministry of Youth Affairs and Sports. 3. It is averred that there is complete anarchy in AKFI, which was managed by one Mr. J.S. Gehlot and his family members. Because of the anarchy in the AKFI, the petitioners have been the sufferers, inasmuch as there is an unfair and arbitrary selection process resulting in selection of undeserving players on account of extraneous considerations and various other means. It is also averred that the petitioners being international kabaddi players, came across Player Contract with Sports Management Company for participation in Pro-Kabaddi League and also an agreement between Mashal Sports Pvt Ltd. and AKFI wherein Mashal Sports Pvt. Ltd wishes to organize and manage Kabaddi League in India consisting of multiple teams with players from India and abroad. The said Mashal Sports Pvt. Ltd. is organizing and conducting leagues in the Kabaddi games with the cooperation and exclusive endorsement of the Federation and the Federation has agreed to endorse the league organized by the Company and

grant an official status so as to enable the company to become sole and exclusive organization to conduct such league in India.

4. According to the petitioners, they are international kabaddi players since 2000 and played School Tournaments and won many medals. According to them, the selection of players for international tournaments by AKFI started happening only on the payment of hefty money through middle men and hence the petitioners were not selected for the national team inspite of their best performances and are out of Indian Team till today. reference is made to writ petition, wherein fresh selection process of Asian Kabaddi Team under the observation of Justice S.P.Garg (Retd.) has been ordered. It is stated the members of the Asian Kabaddi team being afraid of losing to the left-overs did not participate in the selection, which itself is sufficient proof of their poor performance, even though they had represented India in Asian games and lost to Iran and Taiwan. 5. In substance, the plea of the petitioners is that the selection of players as laid down in National Sports Development Code, 2011, is not being made for National and International events and also for Pro-Kabaddi League. It is their case that they are seeking fair and transparent selection of Indian Team in all games after wide publicity and publishing the same by Sports

Ministry, SAI, IOA and concerned NSF as presently there is no such provision laid down anywhere nor the same is being followed.

6. We have heard the learned counsel for the petitioners. Even though, general prayers have been sought for the purpose of selection of players in Indian teams for all games, reading of the writ petition would show that the petitioners, being the kabaddi players themselves, have specifically made averments alleging the manner in which the selection is being made to the kabaddi team and not in other games. In fact, none of the other Federations have been made parties. The petitioners concede to the fact that procedure about the selection process has been laid down in National Sports Development Code, 2011. In fact, in para 10F of the writ petition, the petitioners have highlighted the provision of the Sports Code, which inter-alia stipulates that it is the National Sports Federation, which is primarily responsible for judicious selection of National Team for participation in major international events based on merit and with the objective of enhancing national prestige and bringing the glory to the Country. The said selection shall be through Selection Committee consisting of the President of the Federation, National Coach and eminent Ex-sportspersons and government will appoint an Observer. The Government Observer has to

ensure fair and transparent process. It is their own case in the writ petition that one J.S. Gehlot and his family members were at the helms of affairs of the federation. They also concede to the fact that J.S. Gehlot has been removed by this Court in W.P.(C) No. 4601/2013 vide order dated August 30, 2018 and had appointed an Administrator, Justice S.P. Garg, Retired Judge of this Court who has been given the responsibility of preparing the Electoral College of AKFI and to hold elections as per the Model Election Guidelines. Surely, in view of the order of this Court, the grievance of the petitioners qua the working of the Federation will not survive. It goes without saying after elections are held, the Committee in place shall adhere to the National Sports Development Code, 2011.

7. Even though, prayers in the writ petition, which have been reproduced above, are primarily with regard to transparency in the selection of the teams in all games, we have not understood why the averments in paras 10G, 10I and 10J have been made, which have no connection with the prayers sought.

8. Insofar as the prayers sought are concerned, as stated above, the National Sports Development Code, 2011 clearly stipulates the manner in which the selection of players of Indian Teams shall be made. The Ministry

of Youth Affairs and Sports having formulated the Sports Code, it is not for this Court to frame any further guidelines. This we say so for the reason, that the Court does not have the necessary experience and expertise to frame such guidelines. The National Sports Development Code, 2011 has already been upheld by this Court in Narinder Batra v. Union of India W.P.(C) No. 7868/2015. We may also state that the National Sports Development Code, 2011 binds the AKFI and there cannot be any deviation at the hands of any National Sports Federation, which has been conclusively proved in the cases of Indian Olympic Association v. Union of India, 2014 SCC Online Del 2967, Rahul Mehra v. UOI, 2017 SCC Online Del 9747 and Rahul Mehra v. UOI, 2017 SCC Online Del 11391.

9. We do not see any merit in the petition. The same is dismissed.

CHIEF JUSTICE

OCTOBER 05, 2018/ak

V. KAMESWAR RAO, J