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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
NAGESH BHEEMAPAKA
Aditya Javvaji – Appellant
Versus
The State of Telangana – Respondent
ORDER :
NAGESH BHEEMAPAKA, J.
Petitioner is a cricketer and is aged about 17 years. He approached this Court to declare imposition of ban for two years, effective from 14/11/2024 to 13/11/2026 from participating in BCCI or State Association Tournaments as illegal and unconstitutional and violative of fundamental rights under Article 14 and 21 of the Constitution of India. A consequential direction is sought to respondents to allow petitioner to participate in the forthcoming tournaments to be held by Respondents 2 and 3 Associations.
2. It is the case of Petitioner that he is a rising star in cricket and played several tournaments with exceptional skills. While so, with an evil eye on his performance, one third party submitted a fake birth certificate showing the date of birth 25.03.2006 to the 3rd respondent, based on which, the latter on 11.12.2024 sent e mail imposing ban on petitioner without valid reasons. According to petitioner, he born on 25.10.2007 and evidencing the same, he filed Transfer Certificate, bona fide certificates, community and date of birth certificate obtained from Mee seva centre, etcetera. It is stated, based on the fake birth certificate, the 4th respondent
The imposition of a ban without due process and fair inquiry violates the principles of natural justice and constitutional rights under Articles 14 and 21.
A ban imposed on a player without proper inquiry and notice violates natural justice and is deemed arbitrary and illegal.
The imposition of a ban by the CEO of the Hyderabad Cricket Association was arbitrary and violated principles of natural justice due to lack of authority and procedural adherence.
The court ruled that unilateral appointments by office bearers of a sports association violate governance rules, necessitating collective decision-making by the Apex Council.
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