Surender Kumar v. Union Of India & ORS.

$~48 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(C) 8365/2018 & CM Nos. 32110-32111/2018 & 32113/2018 SURENDER KUMAR ..... Petitioner Through:

Mr Rahul Mehra, Advocate.

versus UNION OF INDIA & ORS.

..... Respondents Through:

Mr Ripu Daman Bhardwaj, CGSC with Mr T. P. Singh, Advocate for R1/UOI.

Me Hemant Phalpher and Mr Parth Goswami, Advocates for R-3.

CORAM:

HON'BLE MR. JUSTICE VIBHU BAKHRU

O R D E R

% 16.08.2018 1.

The petitioner has filed the present petition, inter alia, praying as under:- "a.

Issue a writ of mandamus or any other appropriate writ or order or direction to Respondents to include the Petitioner in the Sambo team for India in the 90 Kg weight category at the 18th Asian Games in Jakarta to be held between 18th August 2018 and 2nd September 2018; and/or b.

Alternatively, issue a writ of mandamus or any other appropriate writ or order or direction to Respondents to not send any team to represent India at the discipline of Sambo at the 18th Asian Games in Jakarta to be held between 18th August 2018 and 2nd September 2018, if the criteria laid down by the Respondents No. 1 and 2 is not met; and/or

c.

Derecognize the Respondent No.3 - Sambo Federation of India for the blantant abuse of power and nepotism by their representatives, and direct the Respondent No. 1 and Respondent No. 2 to take action against the officials; and/ or d.

Appoint an administrator for the administration of the Sambo Federation of India; and/ or e.

Issue a writ of mandamus or any other appropriate writ or order or direction to the Respondents to send the best team to represent India at the 18th Asian Games at Jakarta in Sambo for the 90 Kg Weight Category; and/or f.

Issue appropriate directions to the Respondent No.1, to take appropriate action against Respondent no.2, and its officials, for dereliction of duty by the officials of the IOA - Respondent No.2, and further take action to derecognize Respondent no.2 - IOA for approving the sending of a person who is not eligible to represent India at the 90 Kg."

2.

One of the principal questions that arises for consideration is whether the petitioner is eligible to represent India in the sports of Sambo in the 90 kg category as per the criteria specified by the Government of India. In terms of the specified criteria, any person who has achieved 6th rank or below in any Asian Games (or any Asian Level Championship), would be eligible to be selected to participate in the ensuing 18th Asian Games to be held at Jakarta.

3.

The petitioner claims that he had achieved 5th rank in the 82 kg weight category in the Asian Sambo Championship, 2017, which was held from 30.06.2017 to 02.07.2018 at Tashkent (Uzbekistan). The petitioner further states that the 90 Kg category is in fact a band of 82 Kgs to 90 Kgs and, therefore, the petitioner would be eligible to participate in that category.

The Secretary General of the Sambo Federation of India and the President of the said Federation are present in the Court today. They claim that the petitioner is not eligible, as the petitioner was sent to the Asian Sambo Championship, 2017 for participating in the 74 kg category. However, since his weight was in excess of 74 kg, he had participated under 82 kg weight category. The certificate annexed with the present petition does not indicate that the said category is "under 82 kg category", the nomenclature given is "Men 82 kg".

4.

It is also apparent that there is certain degree of friction between the petitioner and the officials of the Sambo Federation of India. This is understandable given the allegations made in the present petition. In the aforesaid circumstances, the President of the IOA (and in case of his unavailability any other person authorized by him) is directed to examine the question whether the petitioner is eligible to participate in the 18th Asian Games.

The petitioner as well as the Sambo Federation of India shall provide all necessary documents to the President of the IOA by 12:00 noon of 17.08.2018.

5.

In the event, it is found that the petitioner is eligible, the IOA shall take such steps as may be necessary to enter the petitioner's name for contesting in the Sport of Sambo at the ensuing 18th Asian Games. 6.

A perusal of the petition indicates that there are serious allegations of nepotism that have been made against the officials of the Sambo Federation of India.

In the aforesaid circumstances, respondent no.1, Secretary (Sports), Ministry of Youth Affairs and Sports, Government of India, is directed to consider the same and if the allegations are found merited then initiate such steps as contemplated under the National Sports Code.

7.

The status report in this regard be filed with the Registry of this Court within a period of 12 weeks from today.

8.

The petition is disposed of in the above terms. All the pending applications are also disposed of.

9.

Order dasti under signatures of the Court Master. VIBHU BAKHRU, J AUGUST 16, 2018 MK