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2023 Supreme(Del) 5898

IN THE HIGH COURT OF DELHI AT NEW DELHI
Subramonium Prasad, J.
Neha Thakur - Appellant
Versus
Union of India & Ors. - Respondents
W.P.(C) 10451 of 2023
Decided On : 19-09-2023

Advocates appeared:
Ms. Silky Wadhwa, Advocate, for the Petitioner.
Mr. Anil Soni, CGSC, Mr. Archil Misra with Mr. Devvrat Yadav, Advocates, for the Respondent.
Mr. S. W. Haider and Ms. Pooja Dua, Advocates, for the Respondent-2, 4 & 5.
Mr. Avishkar Singhvi, Mr. Naved Ahmed, Mr. Vivek Kr. Singh, Advs for Delhi Police with Insp. Vikas Rana, Crime Branch.

IMPORTANT POINT
The court emphasized the importance of conducting selection processes in a free and fair manner and desisted from taking action against the petitioner for filing a fudged document, considering her age and future.

Headnote:

Athlete - Selection for Asian Games - Indian Penal Code, 1860 - Indian Criminal Procedure Code - The court examined the selection process for the Asian Games and found that the petitioner had filed a fudged document in the court. The court desisted from taking any action against the petitioner for filing a fudged document, considering her age and future. The court also examined the facts of the case on merits and found that the petitioner was not entitled to be considered for selection. The selection process was found to be conducted in a free and fair manner, and two athletes were selected to represent the country in the forthcoming Asian Games.

Fact of the Case:

The petitioner, an athlete, sought inclusion in the list of selected athletes to represent the country in the event of Kurash in the forthcoming Asian Games. The selection process involved trials in various locations, and the petitioner claimed that she had secured 6th position in the trials conducted in Bhopal.

Finding of the Court:

The court found that the petitioner had filed a fudged document in the court and was not entitled to be considered for selection. The selection process was conducted in a free and fair manner, and two athletes were selected to represent the country in the forthcoming Asian Games.

Issues: The issues involved the petitioner's claim of securing 6th position in the trials and her exclusion from the list of selected athletes for the Asian Games.

Ratio Decidendi: The court held that the petitioner's filing of a fudged document in the court and her lack of entitlement to participate in the selection process led to the dismissal of the writ petition.

Final Decision: The Writ Petition was dismissed, and pending applications, if any, were also dismissed.

JUDGMENT

1. The Petitioner has approached this Court for a direction to the Respondents No.1, 2 & 3 to include her name in the list of the selected athletes to represent the country in the event of Kurash in the forthcoming Asian Games which are to be held in Hangzhou, China from 23.09.2023 to 08.10.2023.

2. It is stated that the Petitioner, who is aged about 30 years, is a Kurash Athlete and has participated in 52 Kgs category in various State, National events and has represented India in International sporting events. It is stated that for the purpose of selection of athletes to represent the country in the event of Kurash in the forthcoming Asian Games, first round of trials were held in Pune in 2022 wherein the Petitioner had secured third position. It is stated that these trials were cancelled due to technical reasons. It is stated that the trials were once again conducted and this time the first round of trials were held in Bhopal on 08.04.2023. It is stated that in the said trial, the Petitioner herein was placed at 7th position whereas as per the Rules of the game, she should have been placed at the 6th position. It is stated that the Petitioner approached the officials and Respondent No.7 herein, who is an International Observer, International Kurash Association, after re-watching the video of the bout, placed the Petitioner herein at the 6th position. It is stated that the next trials were to be held at Tyagraj Stadium in Delhi on 24.06.2023. It is stated that on 24.06.2023 a fight broke out between the players and they refused to play with the Petitioner herein and forfeited the match and the trials were postponed to 25.06.2023. It is stated that since the other athletes refused to play with the Petitioner herein, then as per the rules if a player refuses to play with the other player, the player refusing to compete with the other player is deemed to have lost the match and, therefore, the Petitioner herein ought to have been selected to represent the country in the forthcoming Asian Games. It is stated on 25.06.2023 the Petitioner was intimidated and the trials were postponed to 09.07.2023. It is stated that on 08.07.2023 the trials were cancelled and the athletes were asked to meet at the office of the Sports Authority of India, Jawaharlal Nehru Stadium on 10.07.2023. It is stated that a document was signed by all the athletes stating that they will abide by the decision taken by the Sports Authority of India. It is stated that on 12.07.2023, a fresh notice was sent by the Kurash Association of India informing all the athletes that re-selection trials would be held on 14.07.2023. It is stated that in the final list of athletes who were selected to represent the country in the event of Kurash in the forthcoming Asian Games, the name of the Petitioner herein was not included. It is stated that since the Petitioner's name was not included in the list of selected athletes, she wrote a letter to the Prime Minister, Ministry of Youth Affairs, President of the Indian Olympic Association, Chairman of Kurash Association of India. It is stated that since no response was forthcoming, the Petitioner approached this Court by filing the present Writ Petition.

3. The Writ Petition came up for hearing on 08.08.2023. On 18.08.2023, learned Counsel for the Respondents No.2, 4, 5 objected to the draw of fixtures filed by the Petitioner herein which shows that the Petitioner had secured 6th position in the trials conducted on 08.04.2023 in Bhopal stating that it is a manipulated and fudged document. Respondent No.7, who is the International Observer, International Kurash Association, has filed an affidavit stating that initially the Petitioner was placed at 7th position but after having a second look at the video recordings, it was decided that the Petitioner should be placed at 6th position. Respondents No.2, 4 & 5 were directed to file the draw of fixtures, which, according to them, is the correct draw of fixtures.

4. The draw of fixtu

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