2023:DHC:3055

$~15

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IN THE HIGH COURT OF DELHI AT NEW DELHI

Date of Decision: 4^th May, 2023

+

W.P.(C) 3075/2022 & CM APPL. 8889/2022, 10285/2022

MS. RAQUEL SHEFALI FERNANDEZ (MINOR)..... Petitioner

Through:

Mr. Chandrashekhar Chakalabbi &

Mr.

Kumar

Vinayakam

Gupta,

Advs. (M: 9667344683)

versus

EQUESTRIAN FEDERATION OF INDIA & ANR...... Respondents

Through:

Mr. Viraj R. Datar with Ms. Meenal

Duggal

&

Mr.

Saurav

Joon,

Advocate for R - 1

Ms. Nidhi Raman CGSC with Mr.

Zubin Singh, Mr. Akash Mishra Mr.

Mayank advocate for R-2/UOI (M:

9891088658)

CORAM:

JUSTICE PRATHIBA M. SINGH

Prathiba M. Singh, J. (Oral)

1.

This hearing has been done through hybrid mode.

2.

The Petitioner - Ms. Raquel Shefali Fernandez, a minor, who is an

equestrian player, has approached this Court seeking directions to the

Respondent No. 1- Equestrian Federation of India (hereinafter ‘EFI’) to

permit the Petitioner to participate in all Regional Equestrian League (REL)

and Junior National Equestrian Championship (JNEC) events and to give the

Petitioner equal access to the said events as is given to other eligible

candidates.

3.

The prayers of the Petitioner in the present petition are as under:

Digitally Signed

By:RAHUL

Signing Date:06.05.2023

13:34:29

Signature Not Verified

2023:DHC:3055

case”

4.

The Petitioner is a Belgian citizen who is an OCI card-holder. The

father of the Petitioner is stated to be an Indian citizen and her mother is

Belgian. The Petitioner currently resides in Bangalore and is stated to be

pursuing her education in Bangalore itself. Being an equestrian player, the

Petitioner wishes to participate in the national games and other events of

EFI, just like other players who are Indian citizens.

5. The stand of the Respondent No.1 - EFI is that the Petitioner being an

OCI card holder is not entitled to such a privilege, inasmuch as the

Petitioner cannot, being a non-citizen, seek equal privileges. Reliance is

placed upon Section 7B(1) of the Citizenship Act, 1955.

6. It is submitted by Mr. Datar, ld. Senior Counsel appearing for the

Respondent No.1 that the only facility that can be permitted to the Petitioner

is to participate in the national events as a hors concours (‘HC’) entry. This

privilege has already been made available to the Petitioner.

Digitally Signed

By:RAHUL

Signing Date:06.05.2023

13:34:29

Signature Not Verified

2023:DHC:3055

7.

Reliance is also placed upon the judgment of this Court in Karm

Kumar vs. Union of India & Ors.2010 SCC Online Del 2579

8.

A perusal of the present writ petition would show that the issue that

has been raised is as to whether an OCI card holder can claim rights to

participate in the national and international sporting events, representing

India at the national level or the international level. This question is no

longer Res Integra and has been decided in the case of Karm Kumar vs.

Union of India & Ors. 2010 SCC Online Del 2579, in the following terms-

“Conclusion

arbitrary or unreasonable.”

9.

Moreover, Section 7B(1) has also made it abundantly clear that it is

only such rights which are made available, as are notified by the Central

Government for OCI card holders, that the said OCI card holders would

enjoy. Equal rights cannot be claimed by such card holders. The said section

is set out below-

“Section 7B. Conferment of rights on Overseas

Citizen of India Cardholder.-

Gazette, specify in this behalf. “

10.

Ld. counsel for the Petitioner has drawn the attention of this Court to

the notification of the Ministry of Home Affairs dated 11th April, 2005

Digitally Signed

By:RAHUL

Signing Date:06.05.2023

13:34:29

Signature Not Verified

2023:DHC:3055

wherein it is stated that for educational purposes, the OCI cardholders were

given the same facilities as Non Resident Indians. However, vide

notification dated 4th March, 2021, the earlier notification of 2005 has been

changed and OCI card holders a