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IN THE HIGH COURT OF DELHI AT NEW DELHI
Prathiba M. Singh, J.
Anuj Kumar & Ors. – Appellants
Versus
Union of India & Ors. – Respondents
W.P.(C) ______ of 2023(to be numbered)
Decided On : 09-03-2023
Wrestlers - Selection Criteria for Trials - 2023 Asian Championship - 2022 Senior Nationals Championship, Vizag; 2022 World Championship; 2022 Commonwealth Games; 2022 Asian Championship; 2022 U-23 World Championship; 2022 U-20 World Championship; 2022 U-20 Asian Championship; 2022 U-23 Asian Championship - The court allowed the petitioners, professional wrestlers, to participate in the trials for the 2023 Asian Championship, finding that the exclusion of medal winners in national and international games from the selection criteria was not justified and could cause irreparable prejudice to the petitioners. The court emphasized the need to ensure the participation of talented wrestlers and directed the respondents to explain the basis of the criteria adopted by the Oversight Committee.
Fact of the Case:
The petitioners, professional wrestlers, were aggrieved by the rejection of their candidature for the trials for the 2023 Asian Championship, despite being meritorious wrestlers with national and international achievements.
Finding of the Court:
The court found that the exclusion of medal winners in national and international games from the selection criteria was not justified and could cause irreparable prejudice to the petitioners. The court directed the petitioners to be permitted to participate in the trials, emphasizing that they would be judged on their own merit.
Issues: Exclusion of medal winners from the selection criteria for the trials, potential irreparable prejudice to the petitioners, and the need to ensure the participation of talented wrestlers.
Ratio Decidendi: The court emphasized the importance of ensuring the participation of talented wrestlers and found the exclusion of medal winners in national and international games from the selection criteria unjustified, leading to the decision to permit the petitioners to participate in the trials.
Final Decision: The court allowed the petitioners to participate in the trials for the 2023 Asian Championship, emphasizing that the permission granted did not imply an opinion of the court on the petitioners' inter se merit with other wrestlers, which would be decided by the Selection Committee. The respondents were directed to file a short affidavit explaining the basis of the criteria adopted by the Oversight Committee.
JUDGMENT
Prathiba M. Singh, J.(Oral)
1. This hearing has been done through video conferencing.
CM APPL./2023 (for exemption)(to be numbered)
2. Allowed, subject to all just exceptions. Application is disposed of.
W.P.(C) ______/2023 & CM APPL. _____/2023(for interim directions) (to be numbered)
3. This matter has been listed for hearing on 9th March, 2023, a holiday in view of urgent relief sought in the petition.
4. The Petitioners who are professional wrestlers, Mr. Anuj Kumar-Petitioner No.1, Mr. Chander Mohan-Petitioner No.2, Mr. Vijay-Petitioner No.3, Mr. Ankit-Petitioner No.4 and Mr. Sachin Mor-Petitioner No.5 have filed the present petition. The Petitioners are aggrieved by the rejection of their candidature for the trials which are commencing tomorrow i.e., 10th March, 2023 for selection for the Asian Championship 2023. It is the case of the Petitioners that only wrestlers who participate in the Asian Championship 2023 will be able to represent India in the 2023 Senior World Championship which are also the Olympic qualifiers.
5. The background of each of the Petitioners as per the petition is as under:
i. Petitioner No.1 secured a gold medal in the 65 Kg freestyle category in the 36th National Games organised by the Indian Olympic Association held at Gujarat. He secured 1st position in the 65 Kg freestyle category in the First National Ranking Tournament FS, GR, & WW organised by the WFI. Moreover, Petitioner No.1 had also qualified for the Under 23 World Championship, 2022 held in Spain. However, he could not travel due to the rejection of his visa.
ii. Petitioner No.2 secured second position in the 79 Kg freestyle category at the Under-23 FS, GR & Women National Wrestling Championship held in Kochi, Kerala. He also secured first position in the 79 Kg freestyle category at the 1st Under 17 WFI Grand Prix Wrestling Tournament held in Haridwar, Uttarakhand. Similar to Petitioner No.1, Petitioner No.2 also qualified for the U-23 World Championship, 2022 held in Spain but he also could not participate due to rejection of his visa.
iii. Petitioner No.3 secured a gold medal in the Under-20 (Junior) FS, GR, Style & Women National Wrestling Championship conducted by WFI in Patna. He also secured gold medal in 74 Kg freestyle category in 2021 Junior Boys Freestyle Wrestling Championship held in Noida, Uttar Pradesh.
iv. Petitioner No.4 secured bronze medal in 65 Kg freestyle category in the Under-17, World Championship, 2022 held in Rome, Italy. He also secured a gold medal in the 65 Kg freestyle category in the 1st U-17 National Open Ranking Wrestling Tournament, in FS, GR, WW, held at Panchkula, Haryana.
v. Petitioner No.5 secured a gold medal in 80 Kg freestyle category in Under-17 World Championship held at Rome in 2022 and also secured 2nd Position in 92 Kg freestyle category in the 2nd WFI Grand Prix Wrestling Tournament in Under-17 FS, GR, WW held at Rohtak, Haryana.
6. The case of the Petitioners is that they are meritorious wrestlers who have won several medals, both at the national and international level. The 2023 Asian Championship is to be held from 9th April, 2023 to 14th April, 2023 in Astana, Kazakhstan. For the said games, the trials are scheduled on 10th March, 2023 and 11th March, 2023. The Oversight Committee which has been appointed by Respondent No.1 to run the Wrestling Federation of India/Respondent No.2 has fixed the criteria for selection of wrestlers to participate in the trials for the Asian Championship, 2023 as under:
"1.1 Criteria for shortlisting of Athletes for Trials
A wrestler will become eligible to take part in the Asian Championship trials if he/she has been a medallist in at least one of the following events:
o 2023 1st Ranking Series Zagreb Open
o 2023 2nd Ranking Series, Ibrahim Moustafa Open, Egypt
o 2022 Senior Nationals Championship, Vizag
o 2022 World Championship
o 2022 Commonwealth Games
o 2022 Asian Championship
o 2022 U-23 World Championship
o 2022 U-20 World Championship
o 2022 U-20 Asian C
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