IN THE HIGH COURT OF DELHI AT NEW DELHI
VIPIN SANGHI
HEMANT SHARMA AND ORS ..... Petitioners
versus
UNION OF INDIA AND ORS ..... Respondents
W.P.(C) 5770/2011
Decided on : 04.11.2011
Mandamus - Sports Federation - Guidelines, Rules and Regulations - The court directed the Competition Commission to investigate the alleged contravention of the provisions of Section 3 and Section 4 by the sports federation in its conduct and constitutional provisions.
Fact of the Case:
The petitioner sought a writ of mandamus to direct the Ministry of Youth Affairs & Sports to prevent the sports federation from banning chess players associated with other chess associations. The sports federation prohibited players from participating in unauthorized tournaments and threatened disciplinary action.
Finding of the Court:
The court found that the sports federation's conduct appeared to stifle the growth of other chess associations and called for investigation by the Competition Commission under the Competition Act, 2002.
Issues: The issues involved the sports federation's monopolistic and anti-competitive conduct, its control over players' participation in tournaments, and the alleged contravention of competition provisions.
Ratio Decidendi: The court's decision was based on the prima facie finding that the sports federation's conduct may have adverse effects on competition and players' fundamental rights, warranting investigation by the Competition Commission.
Final Decision: The court directed the Competition Commission to investigate the alleged contravention of the provisions of Section 3 and Section 4 by the sports federation and scheduled a hearing for the petitioner to present its grievances.
1. By this petition, the petitioner seeks the issuance of a writ of mandamus to direct respondent no.1 i.e. UOI to the Secretary, Ministry of Youth Affairs & Sports, to take appropriate steps so that respondent no.2 i.e. All India Chess Federation does not ban/threaten to ban chess players, associating themselves with other chess associations. Respondent no.2 is the National Federation for the sport of chess, recognized by respondent no.1. Respondent no.2 also is the body recognized by the concerned international federation i.e. Federation Internationale Des Echess (FIDE).
2. The petitioners claim to be chess players. In the past, they have registered themselves with respondent no.2 on an annual basis. They have been participating in chess tournaments organized by respondent no.2, and those which respondent no.2 has authorized or approved. The case of the petitioners is that the petitioners being amateurs, like to play chess whenever an opportunity presents itself, even in those tournaments not organized by respondent no.2 or which may not have the blessings of respondent no.2.
3. The submission of the petitioner is that respondent no.1 has issued the revised guidelines for assistance to National Sports Federation (NSF). Under these guidelines, it is provided that National Sports Federations shall be fully responsible and accountable for the overall management, direction, control, regulation, promotion, development and sponsorship of the discipline for which they are recognized by the concerned International Federation. They are expected to discharge their responsibilities in consonance with the principles laid down in the OIympic Charter, or in the charter of the Indian Olympic Association, or the relevant International Federation as the case may be. These guidelines further provide that the NSFs should maintain certain basic standards, norms and procedures with regard to their internal functioning, which conform to the high principles and objectives laid down by the concerned international federation, and which are also in complete consonance with the principles laid down in the Olympic Charter or in the constitution of the Indian Olympic Association. The sports federations seeking recognition as NSFs are required to apply as per the guidelines contained in Annexure P-II to the said guidelines contained in Memorandum No.F.6-6/94-SP-III. The considerations which the Ministry of Youth Affairs & Sports shall take into account and be guided by, inter alia, are that the sports federation is recognized by the international federation and the Asian federation, the role played and contribution made by the association in promoting and developing sports in India, and the role played by the association in protection and promotion of players interest and welfare.
4. Ms. Palli, learned counsel for the petitioner points out that the FIDE has laid down the moral principles of FIDE which are applicable to FIDE for non-FIDE chess competitions. The second principle laid down is that FIDE reaffirms its commitment to the right to play chess and opposes all actions that would hinder that right. Ms. Palli further submits that under the guidelines issued by the Ministry of Youth Affairs & Sports, it is the obligation of respondent no.2 to protect the right of the players to play chess and to oppose all organized actions which would hinder that right of the petitioners to play chess. Ms. Palli further submits, by reference to the aforesaid guidelines that the NSFs are primarily responsible for judicious selection of sports persons for participation in major international events based on merit and with the object of enhancing national prestige and bringing glory to the country. The NSFs are expected to introduce seeding and ranking systems which would provide an automatic and transparent system of selection. The NSFs are also required to introduce machinery for the redressal of players? grievances. Such federations are also expected to e
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