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2022 Supreme(Mad) 124

IN THE HIGH COURT OF JUDICATURE AT MADRAS
R. MAHADEVAN, J.
S. Nithya - Appellant
Versus
The Secretary to the Union of India The Ministry of Youth Affairs & Sports, New Delhi & Others - Respondent
Writ Petition No. 3447 of 2019 & WMP No. 3745 of 2019
Decided On : 19-01-2022

Advocates Appeared:
For the Appellant :S. Anil Sandeep, Advocate.
For the Respondents:G. Ilangovan, Stalin Abhimanyu, Alagu Raman, P. Chandrasekar, R. Venkataraman, Hemant Phalpher, Haja Mohideen Gisti, Advocates.

Headnote:

Constitution of India, 1950 - Article 12 and 226 - Athletics Championships - Enquiry/investigation - Accommodation to women athletes - State Level and National Level - Directing strict implementation of National Sports Development Code, 2011 in State of Tamil Nadu with immediate effect - Seeking direction to respondents to commence online registration system with immediate effect for all District Level, State Level and National Level Athletics Championships, Competitions, Meets and Events, similar to the model followed in Federation Cup Athletics Championships and to public online amounts allotted and spent on each athlete for such events and for other reliefs - Grievance of the petitioner is that in spite of her stellar performance, she was denied entry by sixth respondent to participate in Open National Championships for years 2017 and 2018 - Whether respondent-BCCI is ‘State’ within meaning of Article 12 fell directly for consideration of this Court in Zee Telefilms Ltd. and Anr. v. Union of India and Ors. (2005) 4 SCC 649 - Held, Board was not financially, functionally or administratively dominated by or under control of Government so as to bring it within expression ‘State’ appearing in Article 12 of Constitution - This Court ruled that respondent-BCCI was not ‘State’ within meaning of Article 12 - Court held that Board was not created by any statute, nor was a part of share capital held by Government. State government would do well to invoke its legislative power in ]wake of various difficulties and grievances often faced by deserving sports persons as well as considering mushrooming of various associations and organisations that play a significant role in selection of athletes for participation in national level, and also to regulate and monitor the state units of national federations, which in turn play a very important role in selection of national level candidates/champions for participation at international level - Functioning under the regulation of such sports councils which are statutory bodies and registration with them on terms and conditions set out by such councils under a statute, would be an important step in ensuring transparency and accountability in functioning of these associations - State government should consider for creating a legal framework that imposes statutory regulation on functioning of every sports organisation/clubs/association, including state unit of National Sports Federation in respect of every field of sports. The said legal framework should include as far as possible all following aspects and directions and which shall continue to be in force until passing of such a statute by state legislature – Direction issued -Writ petition disposed of.

JUDGMENT :-

Prayer: Petition filed under Article 226 of The Constitution of India praying to issue a Writ of Mandamus directing the respondents 1 to 4:

    (i) to commence online registratin system with immediate effect for all the District Level, State Level and National Level Athletics Championships, Competitions, Meets and Events, similar to the model followed in Federation Cup Athletics Championships and to publish online the amounts allotted and spent on each athlete for such events;

(ii) Directing the strict implementation of the National Sports Development Code, 2011 in the State of Tamil Nadu with immediate effect;

(iii) Directing the divesting of the sixth respondent in the present form of its powers and its affiliation with the third respondent and directing the reformation of the sixth respondent by restructuring it with eminent sports persons

(iv) Directing an enquiry/investigation into the management of funds, affairs and functioning of the sixth respondent under the seventh respondent

(v) Directing the constitution of a Special Committee with eminent sports persons, to affiliate with the third respondent and to regularise the conduct of athletics Championships, competitions, meets and events in Tamil Nadu and to function till the restructuring of the sixth respondent with eminent sports persons

(vi) Directing the respondents 1 to 4 to make appropriate safety arrangements and provide proper places of accommodation to women athletes for all State Level and National Level Athletics Championships, Competitions, Meets and Events.

This order is organised in the following manner for better analysis and proper understanding:

I

 

FACTUAL BACKGROUND

II

 

ANALYSIS OF ISSUES THAT ARISE FOR CONSIDERATION

III

 

LEGAL FRAMEWORK

 

A

ON POWER TO LEGISLATE

 

B

SPORTS BODIES -AMENABLE TO JUDICIAL REVIEW

 

C

NATIONAL SPORTS DEVELOPMENT CODE, 2011 & NATIONAL SPORTS POLICY, 2001

IV

 

INVOLVEMENT OF SPORTS PERSONS IN DECISION – MAKING

 

A

ABSENCE OF CRITERIA FOR BEING PRESIDENT OF NSF/SPORTS ASSOCIATION

 

B

PROVISIONS IN THE CODE FOR SELECTION OF COACHES AND SELECTION OF ATHLETES

 

C

IMPORTANCE OF SPORTS PERSONS HEADING NSFs AND SPORTS ASSOCIATIONS / AFFILIATES

 

V

ENSURING TRANSPARENCY AND ACCOUNTABILITY & NEED FOR LEGISLATION

 

VI

DIRECTIVES ISSUED

I. FACTUAL BACKGROUND

    The petitioner has come forward with this writ petition seeking to issue a Writ of Mandamus directing the respondents 1 to 4 to commence online registration system with immediate effect for all the District Level, State Level and National Level Athletics Championships, Competitions, Meets and Events, similar to the model followed in Federation Cup Athletics Championships and to public online the amounts allotted and spent on each athlete for such events and for other reliefs.

2. The petitioner is an athlete, who has participated in Discus Throw events and has won several medals in the State and in South India. She is the recipient of a silver medal in Senior State Athletics Championship, 2017 held at Chennai and has bagged a gold medal in 2018 held at Tirunelveli, Tamil Nadu. The petitioner was also recipient of various medals at various events, held at various periods.

3. The grievance of the petitioner is that in spite of her stellar performance, she was denied entry by the sixth respondent to participate in the Open National Championships for the years 2017 and 2018. According to the petitioner, every year, Senior Athletics Championships and all Athletes, who secure gold and silver medals thereon will be automatically permitted to participate in the Open National Championships conducted by the second and third respondents. In her case, despite achieving the required qualifying standards, winning Silver medal in 2017 and gold Medal in 2018, she was deprived of p

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