2023 Supreme(Del) 953

IN THE HIGH COURT OF DELHI AT NEW DELHI
Gaurang Kanth, J.
Chirag Khandal – Appellant
Versus
Equestrian Federation of India & Ors. – Respondents
RP No. 54 of 2023 in W.P.(C) 16490 of 2022, W.P.(C) 1070 of 2023 & W.P.(C) 1199 of 2023
Decided On : 07-03-2023

The Court held that the Impugned Selection Criteria V-4 and V-5 were introduced in blatant violation of the relevant Statute and the Sports Code, and that EFI failed to produce any documentary evidence to demonstrate that the Impugned Selection Criteria were issued by a duly constituted Selection Committee in accordance with Article 15 of the Statute.

Headnote:

The Court adjudicated and disposed of a batch of petitions based on common facts and issues related to the selection process for the 19th Asian Games in Equestrian Sports. The Court examined the nature of Equestrian Sports, consisting of Dressage, Cross Country, Show Jumping, and Eventing, and the significance of the horse-rider combination in these disciplines.

Fact of the Case:

The Equestrian Federation of India (EFI) released an invitation notice for applications in the selection trials for the 19th Asian Games, scheduled to be held in Hangzhou, China. The selection criteria (V-3) were announced, and the first selection trials were conducted between 01.09.2021 and 15.05.2022. Due to the COVID-19 pandemic, the Asian Games were deferred to 23.09.2023 to 08.10.2023. EFI published new selection criteria (V-4) and (V-5), leading to a change in the technical standards and eligibility requirements for horses and riders. Mr. Chirag Khandal, a petitioner, challenged the new criteria in W.P. (C) 16490/2022. The Court passed an Order dated 12.01.2023, allowing Mr. Chirag to participate in the trials during March and April 2023, subject to meeting the Minimum Eligibility Requirement (MER). Subsequently, six more writ petitions were filed seeking permission to participate in upcoming 'Concours de Dressage International. (CDI) trials in the United Kingdom from March to April 2023. EFI filed a Review Petition (Review Petition No. 54/2023) seeking review/recall of the Order dated 12.01.2023, citing subsequent events.

Finding of the Court:

The Court found that the Impugned Selection Criteria V-4 and V-5 were introduced in violation of the relevant Statute and the Sports Code. The Court observed that EFI failed to produce any documentary evidence to demonstrate that the Impugned Selection Criteria were issued by a duly constituted Selection Committee in accordance with Article 15 of the Statute. The Court also noted that the date of commencement of selection trials was furnished as between 15th August, 2022 and 15th February, 2023, whereas the Selection Criterion V-5 was notified on 17.08.2022, indicating that EFI failed to announce the Impugned Selection Criteria V-4 and V-5 one month in advance from the date of commencement of trials as required by Clause 3(iv) of Annexure XXI of NSDCI. The Court further found that the amendments to the selection criteria amidst the process of selection trials were against the principles of natural justice. The Court also noted the arbitrariness in the conduct of the EFI during the whole process of selection and pointed out glaring irregularities in the functioning of the EFI and the laxity shown by them in the selection of the Indian Team to represent 19th Asian Games in time.

Issues: a. Whether the Selection Criteria namely V-4 and V-5 ('Impugned Criteria') were introduced in accordance with the statute of the Federation and other relevant regulations; b. Whether the EFI acted fairly and in a transparent manner while carrying out selection process for selecting deserving candidates for the 19th Asian Games. c. Whether the Order dated 12.01.2023 passed by this Hon'ble Court demands any modification in terms of the recent development, as stated by the EFI.

Ratio Decidendi: The Court held that the Impugned Selection Criteria V-4 and V-5 were introduced in blatant violation of the relevant Statute and the Sports Code. The Court observed that EFI failed to produce any documentary evidence to demonstrate that the Impugned Selection Criteria were issued by a duly constituted Selection Committee in accordance with Article 15 of the Statute. The Court also noted that the date of commencement of selection trials was furnished as between 15th August, 2022 and 15th February, 2023, whereas the Selection Criterion V-5 was notified on 17.08.2022, indicating that EFI failed to announce the Impugned Selection Criteria V-4 and V-5 one month in advance from the date of commencement of trials as required by Clause 3(iv) of Annexure XXI of NSDCI. The Court further found that the amendments to the selection criteria amidst the process of selection trials were against the principles of natural justice. The Court also noted the arbitrariness in the conduct of the EFI during the whole process of selection and pointed out glaring irregularities in the functioning of the EFI and the laxity shown by them in the selection of the Indian Team to represent 19th Asian Games in time.

Final Decision: The Court allowed the Review Petition 54/2023 filed by the EFI in W.P(C) No. 16490/2022 and allowed all the Writ Petitions. The Court directed EFI to allow all the equestrians who participated in either of the Selection Process V-3 or V-5 to attend the coaching camps and participate in the FEI competitions in which already selected 'Probables. will be participating. It is clarified that this will include the Petitioner in W.P(C) No. 1199/2023. All the pending Applications were also disposed of.