IMPORTANT POINT
The decision to restrict participation in the National Games to Indian Passport holders is upheld, emphasizing the limited scope of judicial review in matters of policy.

JUDGMENT

SUBRAMONIUM PRASAD, J.

1. The Petitioner has approached this Court challenging a notification dated 13.09.2023 notifying dates for trials for selection of the Delhi State Squash Team for the 37th National Games scheduled to be held in November, 2023. The last date of registration was 24.09.2023 and trials were to be conducted from 30.09.2023 to 01.10.2023.

2. The notification states that the applicant must be an Indian Citizen (Passport holder). The Petitioner, who is a British citizen with an Overseas Citizen of India card (OCI), seeks to challenge that portion of the notification which restricts eligibility of participation in the National Games only to Indian Citizens (Passport holder).

3. The contention of the Petitioner primarily is that as an OCI cardholder, the Petitioner enjoys the status of an Overseas Citizen of India but is not an Indian Passport holder. He states that the colour of the passport cannot decide the eligibility for the participation in the National Games. It is stated that permission to participate in the National Games cannot be on the basis of a Passport and such distinction is violative of judgment dated 01.10.2008 passed by this Court in Karm Kumar v. Union of India & Ors., W.P.(C) 3049/2008. W.P.(C) 3049/2008 was filed by the Petitioner challenging the denial to participate in the National Squash Championship conducted by the Squash Rackets Federation of India on the very same ground that participation was restricted only to Indian Citizens holding a valid Indian Passport. He states that such restrictions on non-Indian Passport holders to participate in the National Games has been set aside by this Court vide judgment dated 01.10.2008 in W.P.(C) 3049/2008 in Karm Kumar v. Union of India & Ors.. It is stated that the rules which were under challenge in the writ petition permitted players over 16 years having an Indian Passport to participate in the games and the said rule laying such a condition was set aside. He states that this Court in the said judgment has held that allowing foreign nationals below the age of 16 years to participate in the National Games, and disallowing players above 16 years without having an Indian Passport from participating in the National Games, is arbitrary. It is stated that the judgment also holds that players who are Overseas Citizens of India should be allowed to participate in National Games and cannot be denied participation in National Games just because they are not Indian passport holders. Learned Counsel for the Petitioner states that the Petitioner is a sports enthusiast and that he wants to represent the State of Delhi in the National Games.

4. It is contended by the Petitioner that there was no restriction on the players who did not have Indian passports representing their States for National Games in the 36th edition. The Petitioner states that he was born in India, is domiciled in India, and has lived his entire life in India. It is also stated that the eligibility criteria were never communicated to the Sports Federations. It is, therefore, stated that the decision is completely arbitrary and has been taken only to exclude a few sportspersons.

5. Learned Counsel for the Petitioner also states that the Petitioner is not barred from competing under the criteria laid down under the Sports Code and the Olympic Charter and the World Squash Organisation's Championship Regulations and the Asian Squash Federation Guidelines and the Sports Federation of India Guidelines.

6. Notice was issued on 26.09.2023. Replies have been filed by the Respondents.

7. In the reply, the stand taken by Respondent No.2 is that the eligibility criteria of the participant to be Indian Citizen (Passport holder) and the decision of permitting only those participants having Indian Passport is based on the rules framed by the Indian Olympic Association which is followed by Respondent No.2.

8. Reliance is also made on the letter dated 03.10.2023 of the Games Technical Conduct Committee (GT