HON’BLE SRI JUSTICE NAGESH BHEEMAPAKA WRIT PETITION No. 1047 OF 2025

O R D E R:

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 3^rd 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 submitted the letter dated 27.09.2024 to the 5^th respondent to enquire into the discrepancy of birth certificates of certain U-19 men players selected for BCCI Registrations for Vinod Mankad Trophy. The 5^th respondent without issuing any notice to petitioner submitted findings to the 3rd respondent, which imposed ban for two years.

The contention of petitioner is that without issuing any formal notice or conducting a fair inquiry and in violation of principles of natural justice, respondents imposed ban and there is no opportunity given to him to present his defence. According to petitioner, imposing ban is a unilateral decision and violates his rights and undermines the very essence of fairness and transparency in administrative actions. In the e mail dated 14.11.2024 addressed to petitioner by the Secretary of the 3^rd respondent – Association, it is informed that enquiry was initiated by the 3^rd respondent with the 5th respondent to verify the documentation submitted by Petitioner with the 3^rd respondent and based on the findings of the said investigation, the 3^rd respondent submitted report to BCCI for appropriate action as per their guidelines, which consequently, imposed ban on petitioner for submitting fake document effective from 04.11.2024 till 03.11.2026 in all tournaments and after completion of ban period, petitioner would be eligible to participate in senior men's tournaments. It is submitted that the last-minute ban imposed on petitioner not only lacks legal basis but also disturbs his focus and commitment to the sport, and an unnecessary obstacle was forwarded in the name of “verification” by the 3^rd respondent which is made with a motive to sideline promising players who have diligently adhered to the Association’s established requirements. The enquiry that is initiated by the 3^rd respondent - Association on 27.09.2024 into the alleged discrepancy of petitioner’s Birth Certificate along with certain other U-19 men’s players registered for Vinoo Mankad Trophy. The 3^rd respondent had imputed petitioner that he was not cooperating in disclosing his Aadhar History claiming that such disclosure is a mandatory requirement for participation in the tournaments conducted by BCCI and State Associations. In fact, there is no such mandatory requirement for sharing Aadhar OTP verification password with that of Respondent No.3’s Association for registration of a player and for participation of player in the tournaments conducted by Respondents 2 and 3 more so, when there are statutory documents that are reflecting the details of date of birth of Petitioner.

Responding to the requisition given by the 4th respondent, the 5^th respondent caused an enquiry and submited report dated 04.11.2024 to the 4th