Full Text
HIGH COURT OF DELHI
Date of Decision: 09.05.2024
MOHAMMED MOINUDDIN AHMED ..... Petitioner
Through: Mr. Akshay Mann, Advocate and Mr. Sravan Kumar, Advocate
Mob: 9894156249 Email: adv.akshaymann@gmail.com
Through: Ms. Shyel Trehan, Mr. Rohan Poddar and Ms. Shivalika, Advocates
Mob: 7044065747
JUDGMENT
1. The present application has been filed on behalf of the petitioner seeking directions to the respondent-Hockey India.
2. It is submitted by learned counsel appearing for the petitioner that the respondent-Hockey India, in its counter affidavit, has already stated that it has resolved to send an independent observer during conduct of the State Selection Trial, for senior members.
3. Thus, he submits that four National Level tournaments are going to take place in respective States, in which the Andhra Pradesh Hockey Team shall also participate. Thus, he submits that in the said upcoming tournaments, the respondent-Hockey India should send an observer.
4. It is further submitted that the guidelines which have now been notified by respondent-Hockey India, should be followed for selecting the Hockey Andhra Pradesh State Team.
5. There is further prayer for direction to the respondent that proper website must be maintained by Hockey Andhra Pradesh, wherein, the details of the selection trials should be posted, including date, time and venue etc. There is further prayer for press release indicating the information regarding various selection trials to be held, in terms of the stipulation in the guidelines.
6. During the course of hearing of the present application, with the consent of the parties, the petition has been taken up for hearing.
7. Learned counsel appearing for the respondent-Hockey India, draws the attention of this Court to the affidavit filed on behalf of respondent- Hockey India, wherein, the various grievances raised by the petitioner have been redressed.
8. She submits that as a one-time measure, the respondent-Hockey India is now going to send an independent observer during the conduct of State Selection Trials. She submits that the said independent observer would be sent as an exceptional measure on a one-time basis only for the senior men player trials, for the purpose of selection for the State Hockey Team of Andhra Pradesh, for playing at the National Levels.
9. She further submits that as far as sub-trials for junior team is concerned, respondent-Hockey India cannot send independent observers, as there is a pyramid system already, as per which, the State Units have the power and authority, wherein, they conduct the trials to ensure that the same are conducted in an independent manner.
10. She further submits that guidelines have already been issued by the respondent-Hockey India to ensure that the information with respect to the trials, which are about to be conducted, is available on the website. She further submits that a mechanism has also been developed by the respondent-Hockey India, wherein, the respective players, who have any grievance with respect to any trials not having been conducted fairly, can directly file their complaint on the online portal of the respondent-Hockey India.
11. I have heard learned counsel for the parties and have perused the record.
12. At the outset, this Court notes the affidavit that has been filed on behalf of respondent-Hockey India, relevant portions of which, read as under: “xxx xxx xxx
1. That Hockey India is filing the present affidavit, as an “Action Taken Report” to place on record the action taken by it pursuant to Order passed by this Hon’ble High Court in its Order dated 01.03.2024.
┌──────────────────────────────────────────────────────────────────────────────────────────────────────────────────────┐ │ 01.03.2024. │ │ SL. DIRECTIONS OF THIS ACTION TAKEN BY │ │ NO HON'BLE COURT HOCKEY INDIA │ ├──────────────────────────────────────────────────────────────────────────────────────────────────────────────────────┤ │ 1. Placing the Minutes of Hockey India has placed │ │ Meeting of the Members the said Minutes of the │ │ Grievance Redressal Grievance Redressal │ │ Committee dated 05.07.2023 Committee before the │ │ before the Executive Board. Executive Board in its │ │ 104th Meeting held on 30 │ │ March 2024. │ │ The resolution is extracted │ │ as follows: │ │ "Andhra Pradesh - │ └──────────────────────────────────────────────────────────────────────────────────────────────────────────────────────┘
4. Confidentiality and Non-Retaliation All information related to the grievance process will be treated confidentially to protect the privacy of the parties involved. Retaliation against athletes who file grievances or participate in the grievance process is strictly prohibited and will result in disciplinary action.
5. Conclusion Hockey India is committed to fostering a positive and inclusive environment for all athletes. Through the implementation of this Hockey India Athlete Grievance Policy, we aim to ensure that athletes have a voice in matters affecting their participation and to uphold the principles of fairness and transparency within our organization. xxx xxx xxx”
17. Thus, perusal of the aforesaid clearly shows that the respondent- Hockey India has taken effective steps to ensure that the grievances of the respective players are addressed by the respondent, and in case need be, a detailed investigation shall be carried out.
18. This Court further notes that the respondent-Hockey India has also issued guidelines for Hockey India Member Units Selection Trials, which reads as under: “GUIDELINES FOR HOCKEY INDIA MEMBER SELECTION TRIALS The Selection of any Hockey India Members team should be undertaken to select the best deserving players to represent their Member Unit in any Hockey India sanction tournament or district level tournaments.
1. Composition of Selection Committee Prior to the selection trials, a Selection Committee is to be formed / constituted with the main aim to enable selection of the best possible representatives for each particular position. The Selection Committee should consist of minimum three members and all should have hockey experience and ideally be former senior players / coaches who have expertise in the field of modern day hockey. Details of the Member Unit Selection Committee should be posted on the website on the Member Unit.
2. Selection Procedure The following should be ensured for selection trials: Dates of trials should be informed at-least two weeks in advance to all Districts / Zones / Clubs and respective organizations which are affiliated to the Hockey India Member Unit. The details of the selection trials should be posted on the website of the Member Unit including date, time and venue etc along with any pre-requisite details required. The details of the selection trials should be issued by press release and shared on email with all districts, zones, clubs and academies in the state. Where possible the Selection Trials should be held more than once to ascertain the capabilities of all available players. Where possible a core group should be selected and trained prior to selecting the final team for the tournament. This would also enable a set of younger players to gain expertise from their seniors during their training schedule. Should a deserving player due to injury, be unable to attend the selection trail, the player may be considered at the discretion of the Selection Committee at a later stage. The final minutes of the Selection Committee Meeting during the trials should be signed by all the members of the Selection Committee (minimum three members) and a copy of the minutes must be available on record with the General Secretary of the Member Unit and be available to Hockey India if requested.
3. Composition of Selection Committee The State Selection Committee should ideally comprise of: - 2-3 ex international hockey players (with at least 1 of either gender) - Chief Coaches of the State – Men / Women - 1 doctor - 1 Strength and Conditioning Coach
4. Selecting Players from Another Hockey India Member Unit If members are selecting a player that is registered for another Hockey India Member Unit then they will need to obtain an NOC from that Member Unit prior to the player being permitted to play. Members are advised to consult the Hockey India Player Transfer Policy for further details.”
19. Reading of the aforesaid clearly shows that respondent has developed a mechanism, wherein, it has issued directives that the dates of trials should be informed at least two weeks in advance to all Districts/ Zones/ Clubs and respective organizations, which are affiliated to the Hockey India Member Unit.
20. Further, the details of the Selection Trials should be posted on the website, including press release in terms of the stipulation in the guidelines of the Member Unit, including date, time and venue along with any prerequisite details required.
21. At this stage, learned counsel appearing for the petitioner submits that with respect to the Andhra Pradesh Hockey Trials, the players are not able to get the exact dates of trials, due to which, it becomes difficult for them to participate.
22. This Court is of the opinion that the said grievance of the petitioner stands satisfied in view of the guidelines that have been issued by the Hockey India. However, in order to address the concern of the petitioner, it is directed that Hockey India shall send a communication to Hockey Andhra Pradesh clearly intimating the guidelines that have been issued by respondent-Hockey India, particularly, in respect to the dates of trials, which are to be informed, two weeks in advance to the concerned players.
23. It is further directed that the respondent-Hockey India shall also specifically intimate to Hockey Andhra Pradesh that the dates of trials of any tournaments, shall be duly uploaded by Hockey Andhra Pradesh, on their website, so that the said information is known to all the persons in general, especially, the sportspersons who intend to participate in such sports activities.
24. With the aforesaid directions, the present petition is disposed of along with the pending application.
25. The date of 11th September, 2024 stands cancelled. MINI PUSHKARNA, J MAY 9, 2024