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2023 Supreme(Del) 2445

IN THE HIGH COURT OF DELHI AT NEW DELHI
Subramonium Prasad, J.
Sujeet & Anr. – Appellants
Versus
Union of India & Ors. – Respondents
W.P.(C) 9593 of 2023 & CM APPLs. 36686-87 of 2023
Decided On : 22-07-2023

Advocates appeared:
Mr. Hrishikesh Baruah with Mr. Akshay Kumar, Advocates, for the Petitioner.
Mr. Chetan Sharma, ASG with Mr. Anil Soni, CGSC with Mr. Devvrat Yadav, GP, Mr. Amit Gupta, Mr. Saurabh Tripathi, Mr. Vinay Yadav and Mr. Ghanshyam Jha, Advocates for R-1/UOI.
Mr. Arnab Chaudhary, Senior Advocate with Ms. Awantika Manohar, Mr. Anirudh Singh, Ms. Parul Dhurvey and Mr. Vikash Singh and Mr. Aniruddma M. Sethi, Advocates for R-2.
Mr. Tushar Giri, Mr. Sahil Bhalaik and Mr. Siddharth Anil Khanna, Advocates for R-3 and R-4.

The court emphasized the need to avoid interference in the selection criteria set by the National Sports Federation and to trust the expertise of the Committee in making decisions related to athlete selection.

Headnote:

Wrestling - Selection Trials - Regulation for Selection of Wrestles for participation in the National Coaching Camps/International Competitions - [Regulation for Selection of Wrestles for participation in the National Coaching Camps/International Competitions, Asian Games, Commonwealth Games] - The court upheld the decision of the Ad-hoc Committee of the Wrestling Federation of India to exempt elite athletes from selection trials to prevent injuries and to ensure representation of medal probables in the Asian Games. The court emphasized the expertise of the Committee and the need to avoid interference in the selection criteria set by the National Sports Federation.

Fact of the Case:

The Petitioners challenged the decision of the Wrestling Federation of India (WFI) to select Respondents No.3 & 4 as wrestlers in the Asian Games 2022 without undergoing trials. The Petitioners contended that the decision was arbitrary and unfair as it contradicted the WFI Regulations for Selection of Wrestlers for participation in the National Coaching Camps/International Competitions.

Finding of the Court:

The court found that the decision to exempt elite athletes from selection trials was taken to prevent injuries and ensure representation of medal probables in the Asian Games. The court emphasized the expertise of the Committee and the need to avoid interference in the selection criteria set by the National Sports Federation.

Issues: The main issue was whether the court should set aside the decision of the Ad-hoc Committee of the WFI in exempting elite athletes from undergoing selections trials for the forthcoming Asian Games.

Ratio Decidendi: The court upheld the decision of the Ad-hoc Committee of the WFI, emphasizing the need to avoid interference in the selection criteria set by the National Sports Federation and to trust the expertise of the Committee in making decisions related to athlete selection.

Final Decision: The court dismissed the Writ Petition and upheld the decision of the Ad-hoc Committee of the WFI to exempt elite athletes from selection trials for the Asian Games.

JUDGMENT

Subramonium Prasad, J.

1. Vide the present Writ Petition under Article 226 of the Constitution of India, the Petitioners seeks to challenge the decision taken by the Ad-hoc Committee of the Wrestling Federation of India (hereinafter referred to as `the WFI') selecting Respondents No.3 & 4 as wrestlers in 65 Kg (Freestyle) category and 53 Kg (Women Wrestling) category (hereinafter referred to as `the categories in question') respectively to represent India in the Asian Games 2022 to be held in Hangzhou, China from 23.09.2023 to 08.10.2023.

It is further stated that the Ad-hoc Committee of WFI has taken the decision that trials for the categories in question would be held and the selected wrestlers will be kept on stand-by. The Petitioners have prayed for a direction to the Respondents No.1 & 2 to conduct trials for the categories in question without any exemption to any wrestler. The Petitioners have also prayed for a direction to the Respondents No.1 & 2 to conduct the whole trial process in a fair manner under the supervision of WFI qualified referees.

2. It is stated that the Petitioners are professional wrestlers in their respective categories. Petitioner No.1 is in the weight category of 65 Kg (Freestyle) (Men) wrestling and Petitioner No.2 is in the weight category of 53 Kg (Women) wrestling and both the Petitioners have won several medals for the country in various world championships.

3. It is the contention of the Petitioners that they have been preparing and training for months with a hope of being selected to represent the country in the forthcoming Asian Games and that the decision of the Ad-hoc Committee of the WFI to select Respondents No.3 & 4 to represent the country in their respective categories without undergoing trials has shattered their hopes. It is further contended by the Petitioners that as per the WFI Regulations for Selection of Wrestlers for participation in the National Coaching Camps/International Competitions mandates that as a general rule, selection trials in all weight categories are mandatory. It is contended by the Petitioners that the decision to exempt Respondents No.3 & 4 from undergoing selection trials in their respective categories is arbitrary and unfair as the same is contrary to the WFI Regulations for Selection of Wrestlers for participation in the National Coaching Camps/International Competitions.

4. Mr. Hrishikesh Baruah, learned Counsel appearing for the Petitioners, has taken this Court through the composition of the Selection Committee which comprises of the following members:

    i. Mr. Bhupender Singh Bajwa, Member-Ad-hoc Committee: Chairman

    ii. Ms. Suma Shirur, Member-Ad-hoc Committee [Dronacharya Awardee]: Member

    iii. Mr. Gian Singh, Technical Expert, Ad-hoc Committee [Dhyanchand Awardee]: Member

    iv. Mr. Ashok Garg, Technical Expert, Ad-hoc Committee [Arjuna Awardee]: Member

    v. Mr. Jagmander Singh, Chief Coach, FS [Arjuna & Dronacharya Awardee]: Member

    vi. Mr. Hargobind Singh, Chief Coach, GR: Member

    vii. Mrs. Alka Tomar [Arjuna Awardee]: Member

Mr. Baruah contends that the Chairman of the Selection Committee, i.e. Mr. Bhupender Singh Bajwa, and Ms. Suma Shirur, who is one of the Members of the Selection Committee, are not connected with the sport of wrestling. He further contends that Mr. Jagmander Singh, who is also a Member of the Selection Committee has sent an e-mail to the Petitioners stating that he was not asked for any recommendation to exempt any wrestler from undergoing selection trials nor has he made any such recommendation. Mr. Baruah has also drawn the attention of this Court to another e-mail dated 20.07.2023, sent by Mr. Virender Singh Dahiya, who is a National Women's Coach, stating that he was not a part of the decision taken regarding the exemption of two wrestlers from participating in the selection trials for Asian Games nor has he made any such recommendation. Mr. Baruah has also drawn the attention of this Court to certain newspaper cuttings to conte

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