District Football Association v. Union Of India And ORS

-1IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH Date of Decision.24.03.2022 District Football Association Jhajjar

...Petitioner

Vs Union of India and others

...Respondents

CORAM:HON'BLE MS. JUSTICE JAISHREE THAKUR

Present:

Mr. Vijay Sharma, Advocate for the petitioner.

Mr. Sudhir Nar, Senior Panel Counsel-UOI for respondents No.1 and 2.

Mr. Ambanshu Sahni, Advocate for respondent No.4.

-.- JAISHREE THAKUR J. (ORAL) This writ petition has been filed under Article 226 of the Constitution of India seeking a writ in the nature of mandamus, directing respondents No.1 to 4 i.e. Union of India, Secretary (Sports), Department of Youth Affairs and Sports, India, Director, Sports & Youth Affairs Department, Haryana Khel Bhawan, Panchkula, All India Football Federation and Haryana Football Association through its President not to allow respondents No.5 & 6 from organizing upcoming Haryana Senior State Football Championship 2021-22, scheduled to be held from 24.03.2022 to 27.03.2022.

A dispute seems to have arisen wherein the petitioner-District Football Association, Jhajjar claims that its members have not been allowed to participate in the football tournament that is ostensibly being conducted by respondent No.4 through respondents No.5 & 6, who have no locus standi to

-2do so, despite the fact that their Association has obtained 3rd position in football tournament that was conducted on previous occasion. It is contended that members of petitioner-District Football Association, Jhajjar would be put to great disadvantage in case they do not form part of the football team for District Jhajjar, which is participating in the aforesaid tournament and the match of District Jhajjar as per draw is to be held today itself i.e. on 24.03.2022 at 4 PM.

Notice of motion to respondent No.4 at this stage. Mr. Ambanshu Sahni, Advocate, who is present in Court, accepts notice for respondent No.4.

Learned counsel appearing for respondent No.4 submits that in fact, open trials took place on 13.03.2022 and there was a notice given for all persons to come and participate in the trials, pursuant to which there are 5 members of the petitioner-Association, who have been selected and are part of the District Jhajjar team and therefore, grievance of the petitioner does not survive.

I have heard learned counsel for the parties and keeping in view the fact that best persons should be given opportunity to participate in the tournament, considering the fact that participation/certificate of merit would be useful for their career, this Court passes the following order, which is based on consent of both parties.

(i) Let an open trial for selecting team of District Jhajjar be conducted again today itself i.e. 24.03.2022 at 4 PM. The onus of informing all those desirous of participating in the open trial would rest entirely upon the petitioner. As far as persons/footballers, who have been put up by

-3the Football Association, respondent No.4/respondent No.5 and others, they too would be permitted to participate in the said open trial. Again the onus of informing these footballers would lie squarely upon respondent No.4, who is being represented through the counsel in court today.

(ii) In order for a team to be selected, the trial would take place today i.e. 24.03.2022 at 4 PM at Village Badli, District Jhajjar.

(iii)The selection process would commence under the aegis of Mr. Pardeep Chhikara, who has designation of NIS, Diploma Patiala, C Licence, D Licence, 2020. The selection process would be final for this tournament, which is being organized by the Haryana Football Association, respondent No.4.

(iv) For the purpose of this tournament, newly formed team of District Jhajjar may consist of members of the petitioner-Association and footballers, who might not be members of the said Association and therefore, let the selected team be called 'Jhajjar Football Team', since certificates will have to be issued for their participation/merit. The inter se dispute between the Association and non-association is left open to be decided in an appropriate forum.

(v)The match that has been scheduled at 4 PM today to be played for Pool D between Jhajjar and Pawal is directed

-4to be deferred for another date, which is to be fixed by the organizers.

With the aforesaid directions, the instant petition stands disposed of.

(JAISHREE THAKUR) JUDGE March 24, 2022 Pankaj* Whether speaking/reasoned Yes/No Whether reportable Yes/No