V.KAMESWAR RAO
Amit Kumar Dhankhar – Appellant
Versus
Union of India – Respondent
V. Kameswar Rao, J.
1. This batch of three writ petitions involves a challenge to the inaction of a National Sports Federation (NSF) in the country i.e. Wrestling Federation of India (WFI) for not selecting Wrestling team for Commonwealth Games 2014 in accordance with the National Sports Code (‘Code’ in short) as formulated by the Ministry of Youth Affairs and Sports, Government of India.
2. The parties, more particularly, the respondents shall be referred to as per their position in the memo of parties in W.P.(C) No. 3914/2014, which would be, respondent No. 1 (Ministry of Sports), respondent No. 2 (Indian Olympic Association), respondent No. 3 (Sports Authority of India), respondent No. 4 (Wrestling Federation of India), respondent No. 5 (Mr. Vinod Kumar, Chief Coach).
3. The aforesaid Code was a subject matter of a writ petition [W.P.(C) No. 2310/2012] filed by the Indian Olympic Association (OIA) wherein the competency of the respondent No. 1, Union of India to formulate the same was challenged as being beyond its Executive power. This Court, while holding the competency of respondent No. 1 in para 86, has held as under:
“86. For the foregoing reasons, it is held that th
State of Assam and another Vs. Ajit Kumar Sarma and Ors.
J.R. Raghupathy and Ors. Vs. State of A.P. and Ors. and connected civil appeals (1988) 4 SCC 364
R. Raghupathy v. State of A.P. [(1988) 4 SCC 364 : AIR 1988 SC 1681]
Cannanore District Muslim Educational Assn. v. State of Kerala
LIC v. Escorts Ltd. [(1986) 1 SCC 264]
AIR 2003 SC 3724 Islamic Academy of Education v. State of Karnataka. para 17
AIR 1965 SC 1196 State of Assam v. Ajit Kumar Sharma
(1988) 4 SCC 364 J.R. Raghupati v. State of Andhra Pradesh & Ors.
Kumari Regina v. Saint Aloysius Higher Elementary School and Anr. reported at (1972) 4 SCC 188
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