JUDGMENT

Tara Vitasta Ganju, J.

TABLE OF CONTENTS

Preface

Brief Background

Submissions of the Petitioner

Submissions of the Respondent/Federation

Submissions of the Respondent/UOI

Issue Involved

Analysis and Findings

Directions

PREFACE

CM Appl. 22593/2023 [Application seeking interim relief]

1. The Petitioner has filed the present Petition challenging the Minutes of Meeting dated 20.02.2023 held between the office bearers of the Respondent/Equestrian Federation of India [hereinafter referred as "Respondent/Federation"] and members of the Committee of Experts, in so far it seeks to draw an artificial distinction in the disciplines of Eventing and Dressage qua funding of the participants. Challenge has also been made to an email dated 17.04.2023 which sets out the schedule for participation of the "Probables" selected for the discipline of Dressage for the 19th Asian Games which are going to be held at Hangzhou, China from 23.09.2023 to 08.10.2023 [hereinafter referred as the "Asian Games"]. Directions have also been sought for funding on an urgent basis for leasing of an alternative horse and training of the Petitioner in Europe.

1.1. The Petitioner has impugned the acts of Respondent/Federation wherein, they have sought to foist the responsibility of funding, training and participation on the Petitioner herein. The Petitioner has, in the alternative, also prayed to direct the Respondent/Federation to consider the route of Petitioner's horse 'Escobar' through the United States of America and to take necessary steps in this regard.

2. The Petitioner contends that despite being the National Champion in the specialized field of Dressage for the past two consecutive years, he is actively being denied the logistical and financial wherewithal to appear in the selection process for the upcoming Asian Games. The Petitioner submits that he has qualified in the selection trials held by the Respondent/Federation under both the Selection Criteria Version-III as well as Selection Criteria Version-V [hereinafter referred to as "Criteria V3" and "Criteria V5"].

3. During the pendency of this Petition, the Petitioner approached this Court seeking ad-interim urgent relief by way of this Application. The prayers as sought in this Application read as follows:

"(a) Direct the Respondents to include the Applicant in the long list of probable players to be submitted to the International Olympic Association;

(b) Direct the Respondents to permit the Applicant to participate in the trials scheduled for 15.06.2023 to 18.06.2023 at Austria, as if the same were his 1st trial for the purposes of eligibility in terms of the email dated 17.04.2023;

(c) Direct the Respondent Federation to consider any additional venue for trials by the Applicant in the months of June/July, 2023, for the purpose of participating in 3 trials; and

(d) Pass any further or other orders as this Hon'ble Court may deem fit and appropriate in the facts and circumstances of the present case."

4. By order dated 20.05.2023 this Court, allowed Prayer (a) of the Application for the reasons as reproduced in the said order, directing the Respondent/Federation to include the name of the Petitioner in the Long List of Probables which had to be sent to the Federation Equestrian Internationale [hereinafter referred as the "FEI"].

BRIEF BACKGROUND

5. The 19th Asian Games were originally scheduled to be held in Hangzhou, China in 2022 between 10.09.2022 to 25.09.2022. The Equestrian team to represent India is selected approximately one year before the games in order to ensure that the select