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2016 Supreme(Del) 4212
IN THE HIGH COURT OF DELHI AT NEW DELHI
MANMOHAN, J.
SUSHIL KUMAR - Petitioner
Versus
UNION OF INDIA & ORS - Respondents
W.P.(C) 4514 of 2016 & CM APPLs. 18841, 22426 of 2016
Decided On : 06-06-2016
For the Petitioner: Mr. Amit Sibal, with Mr. Kaushik Moitra, Mr. Kumar Sudeep, Mr. Abhishek Malhotra, Mr. Namit Suri, Mr. Dron Parashar and Ms. Aahna Mehrotra.
For the Respondents: Ms. Monika Arora, with Mr. Jitendra Kumar Tripathi, Mr. Kushal Kumar and Mr. Harsh Ahuja, Mr. Aditya Singh with Mr. Anshuman Tiwari, Mr. Anil Grover with Ms. Noopur Singhal, Mr. Pradeep Dewan, with Ms. Anupam Dhingra, Mr. Nidhesh Gupta, with Mr. Tarun Gupta, Mr. Puneet Vrshney, Mr. Pramod Kumar, Mr. Arbind Yadav and Mr. Yasir Arafat.
Headnote:
WRESTLING - SELECTION OF WRESTLER FOR RIO OLYMPICS - [WRESTLING FEDERATION OF INDIA (WFI)] - [NATIONAL SPORTS DEVELOPMENT CODE, 2011] - [GUIDELINES ISSUED BY MINISTRY OF YOUTH AFFAIRS AND SPORTS, DEPARTMENT OF SPORTS, GOVERNMENT OF INDIA] - [CODE, 2011] - [INDIAN OLYMPIC ASSOCIATION VS. UNION OF INDIA] - [AMIT KUMAR DHANKAR VS. UNION OF INDIA] - [SHUMEL VS. UNION OF INDIA & ORS.] - [KIRPA SHANKAR PATEL VS. UOI & ANR.] - [DHANANJAYA SHARMA VS. STATE OF HARYANA] - Petitioner challenged selection of respondent no.5 by respondent no.4-Wrestling Federation of India (WFI) for the 74 kg Men's Freestyle Wrestling event at the Rio Olympics Games 2016. Petitioner contended that as a wrestler represents the country in international events, once the wrestler attains the qualifying position in the tournament, the wrestler merely secures a berth for the country and not for himself. He stated that National Sports Development Code, 2011 stipulates that trials have to be conducted for selecting athletes to represent India in major international sporting events. Respondent no.4-WFI stated that all the National Sports Federations have a policy that whoever earns the berth/quota for the Olympic Games has the first right to use it and the quota winner is replaced only if he/she is injured or unfit or out of form. Court held that the decision who should represent India in a sporting event is best left to the experts i.e. the concerned National Sports Federation. Court further held that the Code, 2011 does not restrict or impinge upon the autonomy or discretion of the National Sports Federations to select athletes/wrestlers to represent India in international sporting events. Court also held that the practice that a wrestler who has earned the berth for the country will represent the country, does not show any element of perversity or anomaly in the instant case as the said practice has been followed by respondent no.4-WFI uniformly and consistently. Court dismissed the petition.
Fact of the Case:
Petitioner challenged selection of respondent no.5 by respondent no.4-Wrestling Federation of India (WFI) for the 74 kg Men's Freestyle Wrestling event at the Rio Olympics Games 2016. Petitioner contended that as a wrestler represents the country in international events, once the wrestler attains the qualifying position in the tournament, the wrestler merely secures a berth for the country and not for himself. He stated that National Sports Development Code, 2011 stipulates that trials have to be conducted for selecting athletes to represent India in major international sporting events. Respondent no.4-WFI stated that all the National Sports Federations have a policy that whoever earns the berth/quota for the Olympic Games has the first right to use it and the quota winner is replaced only if he/she is injured or unfit or out of form.
Finding of the Court:
Court held that the decision who should represent India in a sporting event is best left to the experts i.e. the concerned National Sports Federation. Court further held that the Code, 2011 does not restrict or impinge upon the autonomy or discretion of the National Sports Federations to select athletes/wrestlers to represent India in international sporting events. Court also held that the practice that a wrestler who has earned the berth for the country will represent the country, does not show any element of perversity or anomaly in the instant case as the said practice has been followed by respondent no.4-WFI uniformly and consistently.
Issues: Whether the National Sports Federations have the autonomy or discretion to select athletes/wrestlers to represent India in international sporting events.
Ratio Decidendi: The decision who should represent India in a sporting event is best left to the experts i.e. the concerned National Sports Federation. The Code, 2011 does not restrict or impinge upon the autonomy or discretion of the National Sports Federations to select athletes/wrestlers to represent India in international sporting events. The practice that a wrestler who has earned the berth for the country will represent the country, does not show any element of perversity or anomaly in the instant case as the said practice has been followed by respondent no.4-WFI uniformly and consistently.
Final Decision: Petition dismissed.
MANMOHAN, J.
THE ISSUE
1. Petitioner's argument “All I am asking is a trial for Rio Games” makes interesting sound-bite, but the issue is whether this argument is legally tenable and in consonance with the facts of the case.
ESSENTIAL FACTS
2. By way of the present writ petition, petitioner has challenged selection of respondent no.5 by respondent no.4-Wrestling Federation of India (hereinafter referred to as "respondent no. 4-WFI") for the 74 kg Men's Freestyle Wrestling event at the Rio Olympics Games 2016 commencing 5th August, 2016. It is pertinent to mention that respondent no.5 had secured a berth for India in the 74 kg men’s free-style category for the Olympics by winning a bronze medal in the World Championship 2015 held in Las Vegas in September, 2015. The trials to select a wrestler to represent India in the said event at the World Championship were held in July, 2015, in which the petitioner did not participate. While the petitioner states that he did not participate in the trial because he was nursing an injury, respondent no. 4WFI and respondent no. 5 dispute the said fact.
ARGUMENTS ON BEHALF OF PETITIONER
3. Mr. Amit Sibal, learned senior counsel for petitioner stated that as a wrestler represents the country in international events, once the wrestler attains the qualifying position in the tournament, the wrestler merely secures a berth for the country and not for himself. He contended that the National Sports Development Code, 2011 [for short "Code, 2011"] stipulates that trials have to be conducted for selecting athletes to represent India in major international sporting events. Consequently, according to him, even after the berth had been secured, a trial has to be held. In support of his contention, he relied upon the following portion of the Code, 2011 as well as guidelines dated 18th September, 2008 issued by Ministry of Youth Affairs and Sports, Department of Sports, Government of India:-
(A) National Sports Development Code, 2011
“13. Selection Procedure
13.1 NSFs are primarily responsible for judicious selection of national teams for participation in major international events bases on merit and with the objective of enhancing national prestige and bringing glory to the country. As such the best sportspersons/team has to be chosen for representing the country.
13.2 The Selection Committee will be constituted by the Federation comprising of the President, the National Coach and eminent ex-sportspersons. The Government will appoint an Observer for priority and general category disciplines receiving financial grant, who will be associated with all the activities of the National Federation. It will be mandatory for the Federation to inform him or her about Selection Committee Meetings, important national and international competitions. The Government Observer will have to oversee the selection process in order to ensure that it is fair and transparent."
(B) Guidelines issued for more efficient management of coaching camps, selection of coaches & selection of athletes issued by Ministry of Youth Affairs and Sports, Department of Sports, Government of India:
"3. SELECTION OF ATHLETES
(i) The selection of sportspersons for participation in major international events shall be the responsibility of National Sports Federations (NSF) concerned, and Government and the Sports Authority of India, will not have direct involvement in the selection process, except to ensure that it is fair and transparent.
(ii) The selection criteria/norms shall be clearly communicated by the NSFs to all concerned viz., players, coaches, Government Observers etc. well in advance and be put up on the website of the NSF concerned and also be forwarded to SAI and the Ministry to be put up on their respective websites.
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(v) In team events the Selection Trials should be held two months in advance and in the case of contact
