The main legal principle established in the judgment is the entitlement of Overseas Citizens of India (OCIs) to participate in international sports events representing India, based on the equality of status with Non-Resident Indians (NRIs) and the recognition of sports as an integral part of education.

MUKUL MUDGAL, J.

1 The main issue involved in the writ petition is as to whether an Overseas Citizen of India (hereinafter referred to as an OCI) is entitled to participate in international sports tournaments representing India. The petitioners case is founded on the following factual background :

2 The petitioner born in USA on 19th August, 1987 returned to India at the age of one year and was throughout educated in India. Presently, the petitioner is studying in the third year of the five-year law course at Panjab University, Chandigarh. The petitioners father is serving as Director General of Police in the State of Punjab.

3 On 9-4-2007, the petitioner was granted OCI status by the Government of India. The petitioner has also represented India in the Skeet Event in 4th International tournament in Junior World Shooting Event at SUHL Germany; World University Games, Bangkok, Thailand and he had also been selected as a member of the Indian team for Asian Championship. He secured two gold medals in 11th Asian Shooting Championship held at Kuwait in 2007.

4 The petitioners grievance is based on the interpretation of the policy dated 26-12- 2008 and consequent policy dated 12-3-2009 formulated by the Union of India. The relevant portion of policy which is subject-matter in dispute in the present petition arose pursuant to a judgment of Delhi High Court in Karm Kumar v. Union of India, dated 1-10-2008 in W.P. (C) No. 3049 of 2008. The relevant portion of the said judgment read as follows :

"36. It is further noteworthy that learned counsel from both sides have conceded that the absence of a uniform policy qua eligibility of foreign nationals of Indian origin to represent India in national and International Sports is the fountainhead of the disputes between the parties. The question, thus, arises as to whether, individuals Sports Federations, in the absence of any uniform sports policy, can be allowed to "pick and choose" potential players for competitive sports? The answer is an emphatic "no". I am afraid that this is precisely what the impugned rule does it makes an unnecessary classification between players who are Indians and players who are foreign nationals of Indian origin by first treating them alike. Having already treated the under-16 Indian and foreign nationals at parity with each other, the SRFI cannot subsequently make a distinction between the two on the basis of nationality.

37. For the reasons aforestated, the present petition is allowed in terms of Clause (a) of the prayer made by the petitioner. Consequently, the impugned rule restricting foreign nationals of Indian Origin from participating in the National Squash Championship is quashed. Taking into consideration the observations made by the Union of India at paragraph 6 of its short counter-affidavit filed on record wherein it is stated that there is rto uniform policy followed by National Sports Federations with respect to participation,of foreign nationals of Indian origin in Indian sports and further, that this being a policy issue, the respondents are reviewing the matter, a direction is hereby issued to the Government that such review, as contemplated by them, shall be done as expeditiously as possible and in the best interest of sports in the country."

5 The impugned policy was formulated pursuant to the above judgment and reads as follows :

"No F.45-5/2008 SPI Government of India, Ministry of Youth Affairs and Sports, Department of Sports, Shastri Bhavan, New Delhi. Dated 26-12-2008. To The President/Secretary General, Indian Olympic Association, B-29, Qutab Institutional Area, New Delhi. The President/Secretary Generals of All recognized National Sports Federations, Sir, In the matter of Karam Kumar v. Union of India and others, the Honble High Court of Delhi has directed Government to review the matter of participation of foreign nationals of Indian origin in the national teams and bring out a uniform national policy in the best interest of spo