IMPORTANT POINT
The discretion of the National Sports Federation in making selection decisions and the limited scope of judicial review in matters of sports representation.

JUDGMENT

1. The Petitioners have approached this Court by way of this writ petition seeking a direction to Respondents No.2 and 3 to send the names of the Petitioners to represent India for participating in the discipline of Judo in their respective weight categories in the forthcoming Asian Games to be held in Hangzhou, China.

2. Petitioner No.1/Yamini Mourya is an athlete in (-57 kg) category, Petitioner No.2/Swaita is an athlete in (-48 kg) category, and Petitioner No.3/Vikas Dalal is an athlete in (-73 kg) category.

3. It is contention of the Petitioners that for the purpose of selecting the team to represent the country in Judo, trials were held between 5th and 8th April, 2023. The Selection Committee was constituted by the Administrator of Judo Federation of India for the said purpose. It is stated that 26 athletes were shortlisted, out of which the athletes who obtained the first position were to be automatically sent for the 19th Asian Games.

4. It is stated that the Petitioners herein stood first in their respective weight categories. It is stated that on 10.07.2023, an entirely different new criteria was adopted by the Respondents for the purpose of selection of individual and teams for participating in the forthcoming Asian Games. It is stated that the Petitioners wrote letters to the Sports Authority of India stating that they had excelled in the selection trials and that they should be permitted to represent the country in their respective weight categories.

5. It is stated that on 24.08.2023, the Ministry of Youth Affairs & Sports released a list of names of sportspersons who were to represent India in various disciplines in the forthcoming Asian Games, and the names of the Petitioners were not reflected in the list despite having stood first in the selection trials.

6. It is stated that repeated lists are being released and names of athletes in various disciplines are being included but the names of the Petitioners have not been included in those lists.

7. Aggrieved by the non-selection of the Petitioners in their respective weight categories in the discipline of Judo, the Petitioners have approached this Court by filing the instant writ petition.

8. Notice was issued on 14.09.2023. On the said date, there was no representation on behalf of Respondent No.1/Indian Olympic Association.

9. Mr. Pavan Narang, learned Senior Panel Counsel for Ministry of Youth Affairs & Sports, was asked to take instructions as to how the players were being selected and the matter was adjourned to 15.09.2023.

10. On 15.09.2023, when the matter was taken up, on the said date also, there was no representation on behalf of the Indian Olympic Association.

11. Heard learned Counsel for the Petitioners and learned Counsel for Respondents No.2 and 3.

12. The short contention of the Petitioners is that the selection criteria which has been introduced vide letter dated 10.07.2023 cannot be the basis for rejecting the inclusion of the name of the Petitioners for representing the country in their respective weight categories in the discipline of Judo.

13. At this juncture, it is relevant to quote the criteria adopted by the Respondents for the individual and team events for participating in the Asian Games. The letter dated 10.07.2023, which was sent by Respondent No.2 to the President and Secretary General, Indian Olympic Association and the President and Secretary General of all the National Sports Federations (NFSs) recognized by the Ministry, laying down the selection criteria for the players to represent the country reads as under:

"(i) In the individual events during the last twelve months prior to the commencement of the event, the performance of the sportspersons should not be less than the performance achieved by the 8th position holder of the 2018 Asian Games in measurable sports.

(ii) For team events, only those sports which have achieved a ranking up to 8th among participating countries of Asia in the last one year should be considered for particip