Nikhil Sudhir Bhalerao v. The Union Of India And Others

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD PUBLIC INTEREST LITIGATION NO. 35 OF 2020 Nikhil Sudhir Bhalerao ... Petitioner

Versus

The Union of India and others ... Respondents ....

Mr. Swapnil Joshi, Advocate i/b J.P. Legal Associates for the Petitioner Mr. D. R. Kale, Government Pleader for the State Mr. S. S. Deve, A.S.G. for respondent Nos. 1 and 4. ....

CORAM :S. V. GANGAPURWALA AND R. G. AVACHAT, JJ.

DATED : 10th AUGUST, 2020 PER COURT :- .

The present Public Interest Litigation is filed with the following reliefs.

"B] By issuing a writ of Mandamus or any other writ of like nature or directions to the respondents to restart the Gymnastics discipline at the Respondent No.4'

s, Sports Authority of India Training Centre, Aurangabad;

C] By issuing a writ of mandamus or any other writ of like nature the Respondents may kindly be directed to include Gymnastics discipline in the National Centre of Excellence at Respondent No.4' s Sports Authority of India, Centre Aurangabad, with immediate effect."

2 70-pil-35-2020.doc 2.

We have heard Mr. Joshi, learned Advocate for the petitioner. Mr. Deve, learned Advocate for respondent Nos. 1 and 4 submits that the communication is received from the Regional Director, Sports Authority of India (SAI) on 07.08.2020 in the discipline of Gymnastics, the local athletes will be allowed to discharge all the equipment and the services of SAI coaches posted at the centre. The coaches of this discipline will not be transferred. 3.

In view of the said statement, the purpose of the present Public Interest Litigation to the extent of prayer clause "B" is served. As far as prayer clause "C" is concerned, the contention of the petitioner is that the necessary infrastructure is available at SAI, Aurangabad. The respondent authority shall take decision of including Gymnastics discipline in the National Centre of Excellence at Respondendent No.4'

s Sports Authority of India, Centre, Aurangabad on its own merits preferably within three months. 4.

The Public Interest Litigation is accordingly disposed of. 5.

Mr. Joshi, learned Advocate for the petitioner submits that pursuant to the orders of this Court, he has deposited an amount of

3 70-pil-35-2020.doc Rs.1,00,000/- (Rupees One Lakh) in this Court, the same be allowed to be withdrawn. Considering the fact that the PIL was bona-fide, we allow the petitioner to withdraw the amount deposited in this Court.

[ R. G. AVACHAT, J. ] [ S. V. GANGAPURWALA, J. ] SMS