Andhra Pradesh High Court - Amravati
Vennam Jyothi Surekha, vs The Union Of India, on 4 January, 2024
Author: Ninala Jayasurya
Bench: Ninala Jayasurya
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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVA
THURSDAY THE FOURTH Day OF JANUARY -
TWO THOUSAND AND TWENTY & OUR
'PRESENT:
THE HONOURABLE SRI JUSTICE NINALA JAYASURYA
LA No. 1 OF 2024
iN
WP NO: 268 OF 2024 -
Between:
YENNAM JYOTHI SUREKHA.
Dyo. Sr. VennamSurendra Kumar.
Aged 27 years, Cocupation: Probationary Deputy Collector,
NTR District, R/o. FlateNa, 303, Riork - y
SamruddhiNexa, Pathur Road,
Yadepalli, Guntur District, Andhra Pradesh,
.. Pstitionier
AND
. The Union of India,
a
Ministry of Youth Affairs & Sports,
Department of Sports,
Rep. by its Secretary,
Office at: A Wing,
Shastribhawan New Dethi-{ 100g],
Sr. Anurag Singh Thakur,
Hon'ble Union Minister for Sports,
Ministry of Youth Affairs & Sports,
Department of Sparts,
Office at: A Wing,
ShastriBhawan New Delhi-11G001.
Sri. Fustice A. M. Rhanwilkar (Retd. Supreme Court Judge},
Chairperson of the Selection Corunittes, appointed under
Scheme for the "Major Diryan Chand KhelRaga Award', 2023,
Office an A Wing,
ShastriBhawan New Delhi-} 10601.
a
LS
ec 'ion » Comm ratte
8 Award? 223,
Sri Akhu Kumar ¢ i
Sia. Not Kriown fo the foeamen,
Vis tir
Scheme for the "Majer Y a Award'2023.
Oy fice at: A Wing,
SO. ShurnaS} firur (Shooter
Wie Nor know Hf fhe § Petig
Selection Con nituites Men) der,
Scheme for the "Major Dhyan
Office at: 4 Wing,
ShastiBhayway a New Deths. mettle
appointe sl und sf
_s
i. Kamalesh Mehra (Table Tennis Champion),
S/ 'Oo. Not know ig the Mento
Selection © CUNY thee "Memb
Scheme for the 'Major
Office at AW) Ing,
Shastri Shay Wan Ne W Delbj. "LEG007
Srna, Aaj iton Chopra (Barrer j fan Women's Teoket t Captai een
M t known to the Pes Monier,
Selection n Conmimitiee Me miber, &PPoi anted * cer
ine 'May
Offic e af: A Wing,
ShastriBhawan Now } Delbe f1Goqy, OS
Sri. Pr upu Maury unde (Shy ier),
Wo. Not known fo the Peniric
Selec Cte: Conn fee Me.
Scheme fon the "Maj
4M ee al A Wine x,
"sttiBhewan
ees
ed 1 Ulder
elRatna | Award' 102 23
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é a a)
nen.
fe
ie
SR INN SSS er
seas 10. Sr Farman Basha,
S/o. Mot Known to the Petinaner,
Member of Powerlifting Federation,
Sslection Committce Member, appoints dd umder
Scheme for the '*Maior Dhyan Chand Khel Raina Awa ard' 2023,
CHfice at: A Wing,
Shastribhawan New Delhi-T1Q001,
Li. Sri Abhishek Tripati (Media Representation),
S/o, Not known te the Petitioner,
Sports Editor of DanikJagran Newspaper,
Selection Committee Member, appointed wader
Scheme for the 'Major Dhyan Chand KhelRatna Award' 2022
CHifice at: A Wing,
Shastribhawan New Delln- LEDUC OL.
Sri. Commodore PK Garg,
Sfo, Not known to the Petitioner
The Chief Executive Officer (CEO).
Target Olympic Podiura (TOPS),
Selection Cammittee Member, appointed ander
Scheme for the "Major Dhyan Chand KheiRaina Award' 202%,
Scheme Secretariat,
OMfice at A wing, Shastri Bhawe an, New Delhi 110001
ipa
Bad
13.Sri. SandeepPradhan,
S/o, Mot known to the Petitioner,
Chreetor General,
Spars Authority of India,
Selection Commitice Member, appointed umcier
Scheme for the 'Major Dhyan Chand AhelRatna Av rard' 2023
CHifice at: A Wing,
Shastribhawan New Delhi- | 0001.
io
i4.Sri. Prem Kurnar Jha, .
S/o, Not known ta the Petitioner, .
'The Joint Secretary (Sports),
Department of Sports,
Selec BC ton Committee Memiher, appointed urnider
Scheme for the MalOF : Diy yan Chand K KhelRatna Award' 2023
5 Fics ce at: A wing, Sha eiBhawan, New Delhi - 110001
48. Sri, SaiwikSaiRa: Rankireccly, S/o. Not known to the Petitioner,
indian Badmintan payer. Aged 2a years, S/o. Amalapuram, East
Godavari District, Andhra Pradesh, india.
48. Sr Ci ragShel ty. "8 Slo. Not known fo the Pati forer, inchan
Sadminton Pl 'layer, é Agen <6 years, Avo. 601, SnehSadan, Now
Nhancaiwal Complex, Ever shine Nagar, Malad West, Mumbai - 400064
-mespondenis
Counsel for the Petitioner -SRI LINNANM SRAVAN KLUIMAR
Counsel! for the Respondent No.1 -SR] JUPUOL VY K YAGNA DUTT,
DEPUTY SOLICITOR GENERAL OF INDIA
Patifian under Secon 154 is fied sraying fhaf in the
circumstances stated in the aNidave flee is Support of the petition, the High
Court may be pleased fo stay all fu ithe BY proceedings pursuant to the selectinn
pracess dane by the Selection Cormitise under the Scheme for 'Major Ohyan
Chand KhelRaina Aware', for fhe year 2023, Pending disposal of W No. 268
of 2024, on the file of the Hj gh S Court.
Ww vive directir ing issue of nofice in the Ressondents-herain ts
Go why this apr 'cation should not be complied with, made the
e rece} ipt of this order will be deemed to be the receipt of
The court
Shaw Cause as t
following order {Th
notice in ihe case),
QRDER:
Heard learned counsel for the petitioner, who appeared through
anne.
Mrdupudi V.K. Yagnadutt, isarned counsel fakes notice an behalf of
the 1° respondent.
Referring to the various avermenis made in the affidavit fled in
support of the writ petition as aise the material Sled aiong with the same,
the learned counsel made elaborate submissions. While fairly etating that
the petitioner is not alleging mala des but only aqgrievad oy the sclection
process, which bs not in consonance with the scheme forthe 'Major Dhyan
Chand Khel Ratna Award', he further submits that the gnd respandant has
bean anpleaded by name as the Hon'ble Miniater-n-charge for Youth
Affairs & Sports is the competent authority for relaxation of any clause as
provided under Para 11.42 of the said achame, -
Drawing the attention of this Court te the documents evidencing
various awards Including Arjuna Award to the petifiener, the lsarned
counsel submits that as per the Het of medals won by the petitioner and
the points sarned as per the criteria fixed by the Ministry of Youth Affairs
& Sports, the petitioner is eligihle for 148.74 points, whereas the
respondents 15 and 16 would be eligible far 58. points. While contending
that the petitioner is aggrieved by the action of the Selection Committee
in ignoring/not taking inte consideration the relevant factors, he submits
that the denial of Award to the petitioner is without any rationale and
contrary fo the policy.
Referring to the judgment in Taipal Singh Jaggi v. Union of india,
reported in 20178 SCC OnLine Ost 11602, the learned counsel made further
submissions that a Division Bench of the Hon'bie High Court of Delhi in
similar circumstances, interfered with the selection of the respondent
No.8 therein for 'Rashtriya Khel Puraskar Award'. The learned counsel
submits that the object of the scheme, would be defeated if a meritorious
sports personality like the petitioner is ignored. The isarned course! also
submits that the petitioner had made a representation dated 14.12. 2023 te
the Hon'ble Union Minister for Sports/2™ respondent setting out all the
relevant aspects and the petitioner being a sports personality right from
the age of § years is against any acts of disrepute to the sports, expecting
necessary action on the said representation, but the same did not yield
any reaponse. He submitts that under the said circumstances, the
petitioner is constrained to approach this Gourt.
Having considered the submissions made by the learned counsel
for the petitioner and perusing the material on record as aise the Judgment
on which reflance is placed, prima facie, this Gourt see that there is
justification in the grievance of the petitioner. However, the matter needs
to be examined further.
Therefore, issue notice to respondents 3 to 16.
Learned counsel for the petitioner is permitted to take out personal
notice fo respondents 3 to 16 by RPAD and file proof of service by the
date of next adjournment.
List this case on 05.02.2024.
in the meamyhile, considering the submission that a representation
dated 14.12.2023 is mace to the Hon'ble Minister of Sports & Youth Affairs,
New Delhand respondent herein, this Court deame appropriate fo pass
an interim order prowiding that Rec ssary action on the same be taken, as
expeditiously as possible, befors 08.04 9004.
Sd!- S. SRINIVASA PRASAD
ASSISTANT REGISTRAR
FPTRUE COPYN
Far
To,
1. The Secretary, Union of india, Ministry of Youth Affairs and Spars,
Department of Soorts, GNice at & Wing, Shastrifhawan New Delhi.
PPOQO4
é. Sr, Anurag Singh Thakur, Honble Union Minister for oparis, Ministry of
Youth Affairs and Sports, Departrnent of Sports, Office at A Ving,
ShastiBhawan New Delhid 16004
Srl Justice A.M. Khanwilkar, 3. (Plaid. Sugremne Court Jigs),
Chairperson of the Selection Cornmities, appainted under Schame far
the Major Dhyan Chand KheiRaina Award, 3 23, Office at- A Wing,
ShastiBhawan New Delhi 1 1G004
4, Sr. DhanraiPilay (Clympian}, Reid. Former Captain of the Indian
National Hockey Team, Sports person of Eminence, Sefaction
Cammifice Mamber, appointed uncer Scheme for the Malar Ohyan
Chand KhelRaing Award 2023. Offce at & Wing, ShastriShawan New
Dalh-17 0004 7 .
Sui, AkAY Kornar (Giympic Boxer}, 8. Sis. Not known fo the Petitioner,
Selection Commitee Member aopuinted under Scheme for the Maior
Dayan Chand KheiRging Award 2023. Office at A Wing,
ShastiBhawan New Delhi-d ido
smi ShumaShirur (Shooter), G. Wo. Not known fo the Petitioner,
Selection Cammittes Member, appointed under Scheme for the Major
Dhyan Chand KheiRatna Award 2023, Office at- A Wing, :
ShastiBhawan New Delhi. 1G004
7. Srl Kamalash Mehta iTable Tennis Champion, Sia, Not known to fhe
Petitioner, Selection Commitiaa Member, aposinted under Scheme for
the Major Divan Chand KhelRaina Award 2023. Office of A Wing,
ShastiBhawan New Oeihi-toa4 .
Smt. Anjum Chopra (Former indian Womens Cricket Cantain}, 8. Wo.
Not known te the Petitioner, Selection Commities Member, appointed
under Scheme for the Major Dhyan Chand ShaRatna Award 2033,
Osice at A Wing, Shastribhawan New Dathid 19004
on
ee
a
ON OFFICER
2 Smit. TruptiMurugunde (Shuttles), 8. Selection Commitiee Member,
appointed under Scheme for the Major Dhyan Chand KheiRatna Award
2023, Office at A Wing, ShastriBhawan New Delhi-11000%
TO. Sr. Farman Basha, Sio. Not known te the Petitioner, Member of
Powerlifting Federation, Selection Committze Member, appointed under
Scheme for the Major Dhyan Chand KheiRaina Award 2023, Office at A
Wing, ShastriBhawan New Deihi-1 10007
14, Si. AbhisheakTripat! (Media Representation}, 11, S/o. Not known
fo the Patitioner, Sports Editar of DanikJagran Newspaper, Selection
Committee Member, appointed under Schame for the Major Onyan
Chand KhetRatna Award 2023 Office at A Wing, ShastriBhawan New
Deine? 10004
f2. Sri. Camunodors P & Garg, 12. Sfo. Not known fo the Petitioner
The Chief Executive ONicar (CEQ), Target Olympic Padium (TOPS),
Selection Committee Member, appointed under Scheme for the Major
Dhyan Chand KhelRatna Award 2083, Scheme Secretariat, Office at A
wing, ShastriBhawan, New Delhi - 710004
1. Sn, SandsepFradhan, S/o. Not knowr to the Petitioner, Director
General, Sports Authority of india, Selection Committes Member,
appointed under Scheme for the Major Dayan Chand KhelRaina Award
2023 Office at A Wing, ShastriBhawan New Delhi 110004
14. Si. Pram Kumar Jha, 14. Sio. Not known to the Petitioner, The
Joint Secretary (Sports), Department of Sports, Selection Committes
Member, anpointed under Scheme for the Major Dayan Chand
KhelRaina Award 2023 Office af A wing, ShastiBhawan, New Delhi -
1970007 =
ws
78, Sri. SatwikSaiRaj Rankireddy, indian Badmintan Player, Aged 23
years, Rio Amalapuram, East Gocavari District, Andhra Pradesh. Inada.
48. Sri. ChiragShetty, 18. S/o.Not known fo the Patitioner, indian
Badminton Player, Aged 26 years, Rio. 601, SnehSadan, New
Xhandalwal Complex, Evershine Negar, Malad West, Mumbai -
400064(Addressees 1 fo 16 By RPAD}
- One OCG to SRI UNNAM SRAVAN KUMAR Advocate fOPUCI
. One CG to SRA JUPUDI VK YAGNA GLTT, DEPUTY
SOLICITOR GENERAL OF INDIA [OPUC} |
18, One spare copy
PSR
q
"3
BXS oF
HIGH COURT
NUS]
DATED OMOT/ 2024
NOTE: LIST THIS CASE ON 08.02.2024,
ORDER
iA No. | OF 2024
iN
WP NO: 268 OF 2034
INTERIM DIRECTION
