JUDGMENT (Oral)

Subramonium Prasad, J.

1. The Petitioner, who is a Para athlete, has approached this Court invoking Article 226 of the Constitution of India challenging the decision taken in a meeting dated 23.06.2023 and the notification dated 04.07.2023, issued by the Respondent No.1 laying down the criteria for participation in the selection trials to select a team for the Asian Para Games 2023 which are scheduled to be held in Hangzhou China from 20-28 October 2023.

2. It is stated that the Petitioner met with an accident whereby her lower limbs were paralysed but she fought back and started her career as a para athlete in the sports of Badminton. It is stated that she has won National Para Badminton Championship 2021 which was held in Odisha by wining Gold Medal in both singles and doubles event. It is stated that the Petitioner has participated in several international para badminton tournaments as well.

3. It is the contention of the Petitioner that on 21.06.2023 Respondent No.1 published a list of probables for the Indian Para Badminton Team for the Asian Para Games 2023 wherein 55 para athletes were finalized, including the Petitioner herein. It is stated that within two days of publishing the said list, Respondent No.1 & 2 introduced a new criteria for selection trials for Asian Para Games, 2023 which made it impossible for several players especially single wheelchair players both men and women to get selected even for trials.

4. Notice in the Writ Petition was issued on 21.07.2023. Replies have been filed.

5. Learned Counsel for the Petitioner contends that the Paralympic Committee of India (PCI), also referred as National Paralympic Committee by the International Paralympic Committee (IPC), is the sole organization in India as per IPC Handbook for promotion and development of Para Sports for the persons with disabilities, including intellectually and visually impaired persons. He states that PCI, which has been formed for the promotion and development of Para Sports can alone lay down the criteria for selecting the teams and no other organization can be permitted to have any say in the matter of selection of team to represent the country in the Para Games across the world. He further states that once a list of 55 probables has been finalized on 21.06.2023 then only those 55 probables could have participated in the selection trials and the criteria could not have been changed and that too at the instance of a third party who cannot have any say in the matter of selection of a team of para athletes. Learned Counsel for the Petitioner stresses on the point that the rules of the game cannot be changed after the game has begun and that new candidates cannot be brought in for the purpose of selection of a team after a list of 55 probables has been finalized.

6. On 27.07.2023 it was stated by the learned Counsels for the PCI, the Badminton Association of India and the Union of India that the team to represent India in the Asian Para Games 2023 is selected as per the criteria fixed by the Badminton Association of India and the PCI only forwards the names as stated by the Badminton Association of India. This Court directed the Counsel for the PCI to file an affidavit to this effect. In compliance to the said order, an affidavit dated 27.07.2023 has been handed over in Court by the Counsel for the PCI. Learned Counsel for the PCI has been directed to ensure the affidavit is also placed on record. Relevant portions of the said affidavit reads as under:

"2. In terms of the International Paralympics Committee's (IPC) guidelines. (reference of which is made in terms of Minutes of Meeting April 26, 2017 of the Sports Authority of India at New Delhi) that disciplines like athletics, Swimming, Shooting and Power Lifting would be directly administered by the National Paralympics Committee (NPC) and other disciplines, such as Archery, Badminton, Table Tennis, Lawn Tennis etc. would be handled by the respective able-bodied Natio