Full Text
$-45 & A6 HIGH COURT OF DELHI
W.P.(C)7517/2018 & CM No.28719/2018
PURVA DATTATRAY DIXIT& ANR Petitioners
Through: Mr Saurabh Jain,Advocate.
Through: Ms Maninder Acharya, ASG, Mr R. D. Bhardwaj, CGSC, Mr Sahil Sood, Mr Harshul Choudhary and Mr
Vipiav Acharya, Advocates for UOI.
Mr Hemant Phalpher, Advocate for R-2/I0A.
Ms Geetanjali Shaima, Advocate for R-4/SAI.
Mr Mahesh B. Chhibber, Advocate for R-3/Federation ofIndia.
SAURAV AND ORS. Petitioners
Through: Mr Rahul Mehra with Mr Amit Pal, Advocates.
Respondents Ms Maninder Acharya, ASG, Mr Jasmeet Singh, GGSC, Mr Harshul
Choudhary, Mr Sahil Sood and Mr Vipiav Acharya,Advocates for UOI.
Mr Hemant Phalpher, Advocate for R-2/I0A.
Ms Geetanjali Sharma, Advocate for R-4/SAI.
2018:DHC:8522
30.07.2018
ORDER
1. The learned counsel appearing for the petitioners has handed over an order dated 28.07.2018 passed by the Secretary, Ministry ofYouth Affairs ^ Sports — the one-man Committee appointed by the order dated 26.07.2018. The Committee has examined the case ofthe petitioners and g has concluded that three of the petitioners in these petitions should be included in the Indian Contingent for participating in the sports of Taekwondo.
2. The parties had agreed that the decision ofthe Committee would be final and binding. Accordingly,10A is directed to take all necessary steps to ensure that the names ofthree players which are mentioned in the order dated 28.07.2018-namely Mr Navjeet Maan,Mr Akshay Kumar and Ms Kashish Malik- are included as a partoftheIndian Contingent.
3. While,considering the submissions made in the present petition,this Court had noticed that the guidelines dated 10.03.2015 issued by the 4... Ministry ofYouth Affairs & Sports are vague and have much propensity to add to the confusion relating to the selection criteria. Mr Rahul Mehra,the learned counsel appearing for the petitioners submits that the guidelines ought to be made more specific, as the calendar of Asian/World level competitions are known well in advance. He has also made several other suggestions. This Court does not consider it necessaiy to examine these suggestions in these proceedings. However, it would be apposite for the Ministry of Youth Affairs & Sports to revisit the guidelines dated 'A y 10.03.2015 and to make the same more specific and less ambiguous. The Ministry of Youth Affairs and Spoils shall also examine whether separate criteria can be specified for each sport.
4. The petitioners are also at liberty to give their suggestion as to how the guidelines could be improved.
5. Mr Rahul Mehra further contended that the action should be taken against the officials oflOA since they had failed to discharge their function for holding appropriate selection trials as per the National Sports Code. He has also pointed outthatthe order dated 28.07.2018 passed bythe Secretary, Ministry of Youth Affairs & Sports, also indicates that the officials ofthe lOA have been found wanting in discharge oftheir function. This Court is notinclined to pass any orders in this regard. However,since the Secretary, Ministry ofYouth Affairs and Sports has examined the matter, it would be apposite ifthe Government ofIndia could consider this aspect as well. All pending applications also stand disposed of.
6. No further orders are required to be passed in this petition. The petition is disposed of.
7. It is clarified that none of the petitioners shall be subjected to any proceedings on account of them approaching this Court either by the Taekwondo Federation ofIndia or the lOA.
8. Order dasti under signatures ofthe Court Master. VIBHUBAKHRU,J JULY 30,2018 MK