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.

JUDGMENT :

SACHIN DATTA, J.

CM APPL. 906/2025  (for vacation of order dated 24.12.2024) in W.P. (C)  17973/2024

W.P. (C) 223/2025

1. CM APPL. 906/2025 in W.P.(C) 17973/2024 raises a grievance, as regards the selection process for the purpose of participation in the upcoming National Games to be held at Uttarakhand commencing from 28.01.2025 (hereinafter ‘the National Games’). The applicants are international players of the sport of Taekwondo and have represented India at various international tournaments. In W.P.(C) 17973/2024, the petitioner is Taekwando Federation of India (TFI), the respondent no.1 is the Indian Olympic Association (hereinafter ‘the IOA’) respondent no.2 is the Games Technical Conduct Committee (hereinafter ‘the GTCC’) and respondent no.3 is the Union of India.

2. It is the contention of the applicants in CM APPL. 906/2025 that a piquant situation has been created on account of the order dated 24.12.2024, passed by this Court, inasmuch as the said order interdicts with the selection process set out in a communication dated 20.12.2024 issued by the Indian Olympic Association (hereinafter ‘the IOA communication’).

3. The IOA communication contemplates that for the sport of Taekwondo, the selection of athletes shall be based on an open trial to be conducted by the selection committee appointed by the IOA/GTCC. These selection trials were contemplated to be open to all taekwondo athletes. The relevant stipulation in the aforesaid IOA communication reads as under:-

“2.2 For Taekwondo, the selection of athletes shall be organized at Dehradun, Uttarakhand under a selection committee appointed by the IOA/GTCC. These selection trials shall be open to all Taekwondo athletes. For Individual events, the Top 8 athletes (M,W) in each weight category shall be eligible to represent their respective States. In Team events, the selection committee shall promulgate the ranking of the Teams, and the Top 8 teams (M,W) comprising 3 athletes each shall be eligible. For the Mixed pair event, the selection committee shall promulgate the list of the Top 8 pairs who shall be eligible to participate. These trials should adhere to standardized and transparent procedures to ensure fair representation of deserving athletes.”

4. However, vide order dated 24.12.2024, this Court accepted the plea of the petitioner that since the petitioner in W.P.(C) 17973/2024 (Taekwondo Federation of India) continues to be the recognized National Sports Federation (NSF) for the sport of Taekwondo, the task of selection of athletes for the said sport must be left to the said NSF. Accordingly, the IOA communication was stayed by the said order dated 24.12.2024.

5. The procedure adopted by the Taekwondo Federation of India for the purpose of selection of athletes for the participation in the upcoming National Games is set out in its communication/invitation dated 26.08.2024 addressed to all affiliated State Taekwondo Associations/Central Organizations. The same contemplates that the top 8 ranked athletes in the ‘Senior under 30 years male and female individual categories’ in the 13^th National Senior Poomsae Taekwondo Championship, 2024 held from 17^th to 20^th October, 2024 (Poomsae event) will be eligible for participation in the forthcoming 38th National Games to be held in Uttarakhand. While the said communication/invitation was for the Poomsae event, TFI issued another communication/invitation dated 26.08.2024 and made an identical stipulation therein in the context of the 40th Senior Kyorugi Taekwondo Championship, 2024 for the Kyorugi event held from 17th to 20th October, 2024 (hereinafter the two events i.e. Poomsae and Kyorugi are collectively referred as ‘the National Championships’).

6. In fact, in the said National Championships, 563 Taekwondo athletes in the Kyorugi event and 422 athletes in the Poomsae event had participated thereby representing the affiliated state associations/central organizations from across the country. On the basis of the p