Full Text
HIGH COURT OF DELHI
Date of Decision: 02nd December, 2024
MR PENUMETCHA NARASIMHA RAJU AND ORS .....Petitioners
Through: Mr. Rahul Mehra, Senior Advocate
Through: Mr. Ripu Bhardwaj, CGSC
Mr. Sagar Chaurasia, Advocate for IOA.
Mr. Sanjeev Mahajan, Mr. Parth Goswami, Mr. Akshay Kumar and
Mr. Pranjal Tandon, Advocates for Curling Association of India.
Ms. Sapna Chauhan, Advocate for CFI.
JUDGMENT
1. The instant petition concerns the sport of ‘Curling’. The Petitioners assert that they have represented India in Curling at International events and are also entitled to participate in the upcoming 9th Asian Winter Games, Harbin 2025 scheduled to be conducted in Harbin, China in February 2025. They are aggrieved by the inaction of Respondent No. 2/ Indian Olympic Association,[1] which has failed to submit an official entry for this discipline sport for the aforesaid event.[2]
2. There is an ongoing dispute regarding the recognition of the National Sports Federation[3] for Curling in India. Despite specific and repeated directions issued by this Court, the IOA has not resolved this issue. The Petitioners highlight that the Secretary General of the IOA had issued a No Objection Certificate dated 28th May 2019 to the World Curling Federation[4], endorsing Respondent No. 3—the Curling Federation of India as the NSF for Curling in India.
3. Nonetheless, the Petitioners wish to distance themselves from the dispute over NSF recognition and instead focus on their personal achievements to secure entry into the forthcoming event. They assert that they have brought significant recognition to India through their accomplishments in multiple international events and have played a pivotal role in promoting Curling domestically. They emphasize their recent performances, which have inspired confidence not only from Respondent No. 3 but also from the WCF. Specific details of the Indian Curling Teams’ performances in international competitions have been provided in the petition.
4. The Petitioners state that their outstanding performances, achieved without any support or assistance from the government, were driven solely by their passion for the sport and their desire to represent their country. They assert that they have consistently ranked among the top Asian teams and have secured podium finishes in major international tournaments. Currently, the Indian Curling Teams hold commendable positions in the WCF world “IOA” “9th Winter Asian Games” “NSF” rankings among Asian countries: 6th in the men’s category, 4th in the mixed category, and 5th in the mixed doubles category.
5. The Petitioners further assert that they have been training relentlessly for the upcoming 9th Winter Asian Games and have been participating in various international camps.
6. Amidst their preparation, the Petitioners were informed by the organizers of the 9th Winter Asian Games that IOA had not submitted any entry for athletes in the Curling events. Surprised and concerned by this development, the Petitioners, who had been preparing to perform at the forthcoming Winter Asian Games, took the initiative of writing to IOA, urging them to take action. However, since the Petitioners received no response from them, they were constrained to file the present petition. The interim orders passed by this Court
7. On 09th September, 2024, counsel representing IOA informed this Court that there was no national recognised federation for the sport of Curling, and that they could not confirm the entries for India’s participation in the sport of Curling at the upcoming Winter Asian Games.
8. Subsequently, on 13th September, 2024, Mr. Rahul Mehra, Senior Counsel for the Petitioners, urged that the second stage of entry (entry by number) was due to conclude on 14th September, 2024. He emphasised that in case IOA did not send the entry for the sport of Curling for the said Games, the instant petition would become infructuous. In such circumstances, IOA was directed to meet the deadline of second stage of entry for the sport of Curling.
9. Further, the IOA was reminded of the directions issued by this Court on 17th April, 2023 in W.P.(C) 9896/2021, wherein the Court had directed “WCF” them to take a decision regarding the body that would be recognized as the NSF for the sport of Curling.
10. On 29th October, 2024, IOA was further directed to file an affidavit in compliance of the directions issued on 13th September, 2024.
11. On the next date of hearing, i.e., on 04th November, 2024, IOA informed this Court that the deadline for entry by name for the upcoming Winter Asian Games had been postponed to 07th December, 2024. Accordingly, IOA was directed to file an affidavit giving a status update with respect to the aforesaid directions.
12. On 19th November, 2024, IOA sought accommodation to file an affidavit as previously directed.
13. Eventually, on 27th November, 2024, the Court passed the following order:
a public notice, to be published on their website.
6. During the course of submissions, Mr. Rahul Mehra, Senior Counsel for the Petitioners, suggested that suitable directions could be issued if selection trials are required to be held. He suggests that the trials could be conducted at Gulmarg, Kashmir, which is also the venue for Khelo India Winter Games, 2023.
7. However, Ms. Sapna Chauhan, counsel for Respondent No. 3, on instructions, states that there is no snowfall in Gulmarg, Kashmir, and hence, trials cannot be conducted there. In such circumstances, Ms. Chauhan is directed to inform the Court of a venue where such trials could be held, or any other suggestions which Respondent NO. 3 has to offer in this regard.
8. It is clarified that the said directions involving Respondent No. 3 are being issued in order to protect the interest of the Petitioners, and the same do not reflect the Court’s opinion regarding recognition of Respondent No. 3 as the National Sports Federation in question.
9. Re-notify on 02nd December, 2024.” Analysis and findings
14. Mr. Sagar Chaurasia, counsel representing IOA, has apprised the Court of the appointment of an ad-hoc committee constituted by the President of IOA in compliance with the Court’s directions. The office order to that effect reads as follows: “Office Order Appointment of Ad Hoc Committee for the Sport of Curling
1. Reference the Order of Hon'ble High Court of Delhi in W.P. (C) 12277/2024 dated 27 Nov 24.
2. The 9th Asian Winter Games are scheduled at Harbin, China during 07 - 14 Feb 25. Keeping in view the necessity to nominate Sportsperson of Merit (SOM) to the Ad hoc committee, it is necessary to choose SOMs from winter sports. An Ad hoc committee comprising of the following is hereby constituted: - Name Position/Role Sh. Harjinder Singh Jindi, Secy Gen, Ice Hockey Federation of India Chairman Ms. Preeti Dimri, SOM Member Mr. Chanderpal Raspa, SOM Member
3. The Committee shall be responsible for the following: a)Scrutinize the applications received for participation in "Open Selection Trials" for representing India in the sport of Curling at the 9th Asian Winter Games. b)Identify a suitable venue for the conduct of "Open Selection Trials" for the sport of Curling and organize the trials under suitably qualified Technical Officials. c) Based on the results of the "Open Selection Trials", recommend the names of the sportspersons and officials, who may represent India at the 9th Asian Winter Games at Harbin, China. d)Engage with key stakeholders, including officials, athletes, and coaches, to gather insights and perspectives on the governance challenges for the sport of Curling in India.
4. The ad hoc committee shall be required to complete the "Open Selection Trials" for the sport of Curling and submit its recommendations to the President IOA, by 07 December 2024 (the last date for Entry by Name to the organisers).”
15. Further, the President of IOA has published Public Notice dated 29th November, 2024, titled “Notice for the “Open Selection Trials” of Curling for the Indian Contingent for the 9th Asian Winter Games”, inviting interested athletes to register themselves by emailing the required details to IOA.
16. During the hearing, Counsel for IOA informed that IOA has received 27 entries for Curling for the 9th Winter Asian Games. Consequently, selection trials now need to be conducted to finalize the athletes to be sent for the Games. The Court has deliberated upon this matter, considering the submissions advanced by all counsel present.
17. The counsel have indicated that there is no suitable venue within India to conduct the selection trials. Counsel for the IOA has proposed holding the trials in the United Kingdom or the United States of America, while Ms. Sapna Chauhan, representing Respondent No. 3, has suggested Kazakhstan as a possible venue.
18. Additionally, both Mr. Rahul Mehra, Senior Counsel for the Petitioners, and Ms. Sapna Chauhan have raised concerns regarding the credentials of the entries received by the IOA. They have questioned whether the applicants possess the requisite skills and experience to merit consideration for selection.
19. Further, the Court had also directed counsel to provide information on how the expenses for the selection trials would be covered, given that the process entails engaging qualified coaches, arranging venues abroad, and assessing athletes’ performances before making selections. Ms. Sapna Chauhan stated that Respondent No. 3 is willing to bear all expenses. Counsel for the IOA also indicated that they would be agreeable to covering a portion of the expenditure.
20. The Court has carefully considered the suggestions and is of the opinion that, since the IOA has received entries from interested athletes, it is necessary to conduct selection trials to ensure a fair and transparent selection process. The ad-hoc committee, constituted in compliance with the Court’s directions, is in the process of verifying the entries. The Court would not like to make any comment on the credentials of the entries at this stage, trusting that the committee will exercise due diligence in this regard. It is expected that the committee will bring the process to its logical conclusion, provided it is feasible within the constraints.
21. At this juncture, it is pertinent to acknowledge the practical challenges associated with conducting selection trials for Curling—a winter sport traditionally played on ice. The absence of suitable venues in India capable of hosting Curling trials poses a significant obstacle. The suggestions to hold trials abroad entail logistical complexities, including arranging visas, coordinating travel, and securing access to appropriate facilities within a limited timeframe. Moreover, the relatively low popularity and infrastructure for Curling in India contribute to the difficulties. The fact that all Petitioners, who claim to be athletes in this sport, currently reside outside the country further complicates matters. Additionally, the need for qualified coaches or experts to assess the athletes’ performances during the trials is a critical factor that cannot be overlooked. The Court believes that the ad-hoc committee is best positioned to make informed decisions regarding the venue for the selection trials. In this context, the IOA should consider the proposal made by Respondent No. 3 to bear the costs associated with the trials. Furthermore, the Petitioners and other interested athletes may also bear their own expenses for travel and accommodation necessary for participation in the trials.
22. Furthermore, the Court must also consider the practical limitations and the imminent deadlines. With the deadline for submitting the names approaching, it will be a considerable challenge for the IOA to verify the athletes’ credentials, engage qualified coaches, schedule and conduct trials, and finalize the list of athletes within the stipulated timelines. The Court recognizes that any directions issued must be realistic and capable of implementation.
23. Accordingly, the present writ petition is disposed of with the following directions: (a) The ad-hoc committee is directed to verify the credentials of the entries received pursuant to the public notice dated 29th November, 2024 published by the IOA. (b) The ad-hoc committee shall endeavour to conduct selection trials at a suitable venue, to be decided in consultation with Respondent No. 3, the Curling Federation of India, and other relevant stakeholders. The committee should explore all feasible options, including venues abroad, while considering logistical and financial implications.
(c) The expenses for the trials, including venue costs, coaches fees, and logistical arrangements, shall be borne by Respondent No. 3 and any other willing stakeholders. The athletes may bear their personal expenses related to travel and accommodation, subject to their willingness and ability.
(d) The IOA shall make earnest efforts to complete the selection process within the stipulated timelines and submit the names of the selected athletes to the organizers of the 9th Asian Winter Games by the deadline.
24. The Court also notes the concern raised by the counsel for the IOA regarding compliance with anti-doping regulations and other statutory requirements. It is imperative that all athletes adhere to the protocols established by the National Anti-Doping Agency (NADA) and any international regulations applicable. The Court emphasizes that compliance with these regulations is mandatory, and the IOA must ensure that all procedural and legal requirements are fulfilled before finalizing the athletes’ participation.
25. Regarding the unresolved issue of recognizing the NSF for Curling, the Court directs the IOA to take a definitive decision in this matter. As indicated in their counter affidavit, the IOA should include this agenda item in the upcoming Annual General Meeting (AGM) or Special General Meeting (SGM) scheduled for this year. The IOA is expected to process all necessary documentation and complete the requisite procedures in a timebound manner, preferably within two weeks from today. This will facilitate the recognition of a formal governing body for Curling in India, which is essential for the development of the sport and for providing structured support to athletes.
26. It must be emphasised that the Court acknowledges the limitations inherent in the present situation, including the lack of infrastructure, the sport’s limited popularity in India, and the logistical challenges of organizing trials on short notice. However, the afore-noted directions are being issued with the intent of promoting sports and supporting athletes in their endeavours to represent the nation. While the Court cannot mandate the impossible, it encourages all parties to collaborate constructively. The Court expresses its hope that the IOA, the ad-hoc committee, and all stakeholders will make sincere efforts to facilitate the participation of Indian athletes in Curling at the 9th Asian Winter Games, if practically feasible.
27. With the above directions, the present petition is disposed of.
SANJEEV NARULA, J DECEMBER 2, 2024