Point of Law: Selection of Kabaddi players - Directions to select best players available among the two contingents - subject to their fulfilling all other requirements like dope test etc.,- participants cannot claim any equities and their participation is subject to result of the present writ petition

JUDGMENT :

Arup Kumar Goswami, J.

1. Heard Mr. M.S.Prasad, learned Senior Counsel for the appellant. Also heard Mr. Harinath N., learned Assistant Solicitor General; Mr. T.G.S. Srivastava, learned Standing Counsel for the Sports Authority of Andhra Pradesh; and Mr. Kanakala Devi Prasanna Kumar, learned counsel for the Writ Petitioners.

2. Challenge in this Writ Appeal is to an interim order dated 17.03.2021, passed by the learned Single Judge in Writ Petition No.6227 of 2021.

3. The order of the learned Single Judge reads as follows :

“Heard learned counsel for petitioners, Mr.T.G.S. Srivastava, learned Standing Counsel for respondent No.4 and Mr.K.Srinivas, learned counsel for respondent No.7.

The petitioners who are Kabaddi players at National Level and International Level filed the present writ petition aggrieved by the action of the respondents in not selecting the players for participation in 47th Junior National Kabaddi Championship - Boys & Girls scheduled to be held from 22.3.2021 to 25.3.2021 at Suryapet, Telangana and 68th Senior National Kabaddi Championship-Men scheduled to be conducted at Ayodhya, Uttar Pradesh from 13.4.2021 to 16.4.2021 as unjust, arbitrary and illegal.

Learned counsel for the petitioners, while pointing out that due to the dispute between respondent Nos.6 and 7, the players are not being selected and as a result of the same, the players are losing the opportunity to represent the State at National and International Levels, submits that on the earlier occasion the issue fell for consideration before this Court and by way of interim measure, orders were granted in Writ Appeal No.191 of 2019 dated 11.7.2019 and Writ Petition No.3257 of 2020 dated 11.2.2020. He submits that unless similar orders are passed, the players would suffer serious prejudice and irreparable loss.

Learned Standing Counsel, on the other hand, submits that respondent No.4 is not equipped with the procedure to select the players, and that the petitioners approached this Court at eleventh hour and they are not entitled for any indulgence by this Court. However considering the submissions made and perusing the earlier orders, this Court deems it appropriate to grant similar orders.

Accordingly, the respondent No.4 is directed to select best players available among the two contingents i.e., respondent Nos.6 and 7, subject to their fulfilling all other requirements like dope test etc., to participate in 47th Junior National Kabaddi Championship Boys & Girls scheduled to be held from 22.3.2021 to 25.3.2021 at Suryapet, Telangana and 68th Senior National Kabaddi Championship Men scheduled to be conducted at Ayodhya, Uttar Pradesh from 13.4.2021 to 16.4.2021. It is however made clear that participants cannot claim any equities and their participation is subject to result of the present writ petition.

List the matter after two weeks.”

4. It is submitted by Mr.M.S.Prasad, learned Senior Counsel for the appellant, that respondent No.6 is not recognized by the respondent No.5 and respondent No.7 is the Secretary of the recognized Andhra Kabaddi Association, but he is wrongly described as alleged Secretary of the Andhra Kabaddi Association in the Writ Petition.

5. He submitted that teams selected by Andhra Kabaddi Association of which the appellant is the Secretary, as well as by the Andhra Kabaddi Association (respondent No.6) represented by its General Secretary, Yelamanchili Srikanth, should be allowed to participate in the tournaments.

6. The learned Singled Judge has followed earlier interim order of this Court in Writ Appeal No.191 of 2019, dated 11.07.2019, wherein it was stated as follows :

“In order to avoid inconvenience and not to harm the morale of the players, we direct the Director, Sports Authority of Andhra Pradesh to choose best players available among the two contingents, subject to their fulfilling all other requirements like dope test etc., to participate in 66th Senior Women National Kabaddi Championship to be held from 11th to 14th