IN THE HIGH COURT OF DELHI AT NEW DELHI
SANJEEV NARULA, J.
Mr. Penumetcha Narasimha Raju and Others - Petitioners
Versus
Union of India and Another - Respondents
W.P.(C) No. 12277 of 2024
Decided On : 02-12-2024
(A) Sports Law - Recognition of National Sports Federation - The Court directed the Indian Olympic Association to establish an ad-hoc committee for Curling to facilitate athlete selection for the 9th Asian Winter Games, emphasizing the need for timely action and compliance with anti-doping regulations. (Paras 23, 24, 25, 26)
(B) Administrative Law - Directions for Compliance - The Court mandated the IOA to resolve the recognition of the NSF for Curling and ensure procedural compliance within a specified timeframe. (Paras 25, 26)
Facts of the case:
The Petitioners, representing India in Curling, sought intervention due to the IOA's failure to submit entries for the 9th Asian Winter Games, despite their achievements and the lack of a recognized NSF for Curling. (Paras 1, 2, 3)
Findings of Court:
The Court empowered the IOA to form an ad-hoc committee to oversee athlete selection and urged timely compliance with anti-doping regulations. (Paras 23, 24)
Issues: The main issues included the recognition of the NSF for Curling and the timely submission of athlete entries for the upcoming Winter Asian Games. (Paras 25, 26)
Ratio Decidendi: The Court emphasized the importance of timely action by the IOA to facilitate athlete participation and the necessity of compliance with sports regulations. (Paras 24, 25)
Result: The petition was disposed of with directions to the IOA.
JUDGMENT :
Sanjeev Narula, J.
1. The instant petition concerns the sport of ‘Curling’. The Petitioners assert that they have represented India in Curling at International events and are also entitled to participate in the upcoming 9th Asian Winter Games, Harbin 2025 scheduled to be conducted in Harbin, China in February 2025. They are aggrieved by the inaction of Respondent No. 2/ Indian Olympic Association, [“IOA”] which has failed to submit an official entry for this discipline sport for the aforesaid event., [“9th Winter Asian Games”]
2. There is an ongoing dispute regarding the recognition of the National Sports Federation, [“NSF”] for Curling in India. Despite specific and repeated directions issued by this Court, the IOA has not resolved this issue. The Petitioners highlight that the Secretary General of the IOA had issued a No Objection Certificate dated 28th May 2019 to the World Curling Federation, [“WCF”], endorsing Respondent No. 3—the Curling Federation of India as the NSF for Curling in India.
3. Nonetheless, the Petitioners wish to distance themselves from the dispute over NSF recognition and instead focus on their personal achievements to secure entry into the forthcoming event. They assert that they have brought significant recognition to India through their accomplishments in multiple international events and have played a pivotal role in promoting Curling domestically. They emphasize their recent performances, which have inspired confidence not only from Respondent No. 3 but also from the WCF. Specific details of the Indian Curling Teams’ performances in international competitions have been provided in the petition.
4. The Petitioners state that their outstanding performances, achieved without any support or assistance from the government, were driven solely by their passion for the sport and their desire to represent their country. They assert that they have consistently ranked among the top Asian teams and have secured podium finishes in major international tournaments. Currently, the Indian Curling Teams hold commendable positions in the WCF world rankings among Asian countries: 6th in the men’s category, 4th in the mixed category, and 5th in the mixed doubles category.
5. The Petitioners further assert that they have been training relentlessly for the upcoming 9th Winter Asian Games and have been participating in various international camps.
6. Amidst their preparation, the Petitioners were informed by the organizers of the 9th Winter Asian Games that IOA had not submitted any entry for athletes in the Curling events. Surprised and concerned by this development, the Petitioners, who had been preparing to perform at the forthcoming Winter Asian Games, took the initiative of writing to IOA, urging them to take action. However, since the Petitioners received no response from them, they were constrained to file the present petition.
The interim orders passed by this Court
7. On 09th September, 2024, counsel representing IOA informed this Court that there was no national recognised federation for the sport of Curling, and that they could not confirm the entries for India’s participation in the sport of Curling at the upcoming Winter Asian Games.
8. Subsequently, on 13th September, 2024, Mr. Rahul Mehra, Senior Counsel for the Petitioners, urged that the second stage of entry (entry by number) was due to conclude on 14th September, 2024. He emphasised that in case IOA did not send the entry for the sport of Curling for the said Games, the instant petition would become infructuous. In such circumstances, IOA was directed to meet the deadline of second stage of entry for the sport of Curling.
9. Further, the IOA was reminded of the directions issued by this Court on 17th April, 2023 in W.P.(C) 9896/2021, wherein the Court had directed them to take a decision regarding the body that would be recognized as the NSF for the sport of Curling.
10. On 29th October, 2024, IOA was further directed to file an affidavit in compliance o
The Court directed the Indian Olympic Association to establish an ad-hoc committee for Curling to facilitate athlete selection for the 9th Asian Winter Games, emphasizing timely action and compliance....
The court emphasized the importance of the IOA's decision in recognizing the National Sports Federation for Curling in India.
The discretion of the National Sports Federation in making selection decisions and the limited scope of judicial review in matters of sports representation.
The court established that the selection process for Olympic representation must strictly adhere to established eligibility criteria, and arbitrary deviations undermine fundamental fairness and trans....
The court emphasized the principle of fairness and transparency in the selection process for sports events, ensuring that meritorious athletes are not unjustly excluded from participation.
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 ....
The court emphasized the necessity of conducting fair selection trials for athletes, ensuring that deserving candidates are not excluded from participation in the National Games.
The court affirmed that a National Sports Federation must ensure fair selection processes, recognizing prior achievements as sufficient for qualification without additional trials.
The court's decision was based on the legal provision outlined in the letter dated 15.05.2023 from the Ministry of Youth Affairs and Sports, which directed the constitution of a Selection Committee f....
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