Lokniti Foundation vs Uoi And Ors
2011 Latest Caselaw 2920 Del

       THE HIGH COURT OF DELHI AT NEW DELHI

%                                   Judgment delivered on: 31.05.2011

+      WP(C) No.612/2011


LOKNITI FOUNDATION                                       ..... Petitioner

                      versus

UOI AND ORS                                              ..... Respondents

Advocates who appeared in this case:-

For the Petitioner : Mr Bipul Kumar

For the Respondents : Mr Ravinder Agarwal, CGSC with Mr Nitish Gupta for R-1 and 2.

Mr Maninder Singh, Sr Adv. with Mr J.S.

Bakshi, Standing Counsel, Mr Abhijit Puri and Mr Amitesh S. Bakshi for R-4 (DDCA).

CORAM:-

HON'BLE MR. JUSTICE BADAR DURREZ AHMED HON'BLE MS. JUSTICE VEENA BIRBAL

1. Whether reporters of local papers may be allowed to see the judgment?

2. To be referred to the Reporter or not?

3. Whether the judgment should be reported in the Digest?

BADAR DURREZ AHMED, J (ORAL)

1. This writ petition has raised a serious issue which concerns the

age of players in different categories who aspire to be playing under

the banner of the Delhi and District Cricket Association (DDCA). The

DDCA selects players in three categories:- (1) under 16; (2) under 19;

and (3) under 22 years.

2. There have been a series of instances where the ages of the

players have been found to be inaccurate and this leads to an unfair

practice inasmuch as players who are above a particular age category

manage to get themselves categorized in a lower age category and,

obviously, because of their age advantage they are able to perform

better. As an instance, if there is a 21 year old cricket player and he is

able to get his age registered with the DDCA as being 18 years, he

would be in a position to play in the under 19 category of tournaments

and thereby he would have an advantage over other boys who are

genuinely under the age of 19 years.

3. The requirement of creating a level playing field, insofar as the

determination of age is concerned, has been raised in the present

petition and has been recognized by the DDCA (respondent no. 4).

Mr Maninder Singh, appearing on behalf of the DDCA, has informed

us that the DDCA is as much concerned about the evil of age

manipulation as the petitioner and that there has been an ongoing

dialogue between the DDCA and BCCI (respondent no. 3) to arrive at

a methodology which would ensure that age manipulation is rooted

out.

4. Mr Maninder Singh submitted that it is now the policy of the

DDCA and also of the BCCI that when a player enters in a tournament

of the DDCA or of any other State Cricket Board his age

determination is done through medical examination and the DDCA or

the other State Cricket Boards do not rely blindly on the age

documents/certificates supplied by the players or their guardians. He

further submitted that once the age is determined at the entry point a

database would now be maintained and the age so determined would

remain unchanged throughout the playing career of the concerned

player.

5. Mr Maninder Singh also informed the court that the State

Cricket Boards (including the DDCA) are required to follow the rules

framed by the BCCI for selection of players in the said three

categories and also to follow, as far as may be possible, the rules set

out by the BCCI for conduct of the medical examinations.

6. Insofar as the DDCA is concerned, Mr Maninder Singh,

submitted that from now on the medical examination of all its players

entering a competition for the first time would be conducted by the

Medical Board comprising of three doctors. For the present, the

DDCA, in view of the directions given by the BCCI, has secured the

services of the Apollo Hospital at Delhi for the conduct of the medical

examination.

7. The learned counsel for the petitioner has drawn our attention to

the National Code Against Age Fraud in Sports which has been drawn

up by the Ministry of Youth and Sports Affairs, Government of India.

It is clear that although this National Code is not applicable to the

BCCI or the DDCA, certain features referred to therein could be

adopted by the DDCA. Paragraph 7 of the said National Code deals

with the procedure for medical examination and Paragraph 7.1.1

stipulates that the medical and scientific testing parameters on which

the medical examination is to be conducted must be as per Annexure-

II to the said Code. Annexure-II is a document which is entitled -

"Age Estimation Format". A plain reading of the said Annexure-II

indicates that there would be a general physical examination, a dental

examination and a radiological examination/MRI/CT Scan (as

applicable).

8. The learned counsel for the petitioner submitted that the DDCA

should conduct an MRI Scan of the wrist of every player undergoing

the medical examination. In support of this plea, he placed before us

an Article entitled - "The International Olympic Committee

Consensus Statement on age determination in high-level young

athletes" by Lars Engebretsen et al., (Br J Sports Med June 2010 Vol.

44 No. 7). In the said Article, we find that there is a reference to the

estimation of age through the use of MRI Scans. It also refers to a

study relating to male adolescent football players between the ages of

14 and 19 years from different ethnic groups, geographical regions

and altitudes, namely, Switzerland, Malaysia, Algeria and Argentina.

On the basis of the study, it was suggested that the MRI scan is a

viable tool for screening players in youth competitions, particularly in

the under 16 and under 17 groups. The Article also suggested that the

MRI approach should be extended to other ethnic groups and other

age groups also after appropriate study is done. As per the said

Article, it was made clear that currently there is no evidence to support

the use of MRI studies of the wrist for age determination of athletes

below 14 years and above 17 years of age. It was also noted that the

age determination by MRI bodes well for its future use, if a more

accurate age prediction algorithm can be developed. From the said

Article this much is clear that for a specific age group (14-17 years), at

least, the MRI Scan is a viable test for determining the age of a

participant. However, that is not the only method by which the age

could be reasonably accurately estimated and that is the reason why

Annexure-II of the said National Code, referred to above, has given

the following parameters under the head of radiological examination:-

"F. Radiological Examination/MRI/CT Scan (as applicable) Note : A single film of hand and wrist is sufficient for age below 13 years. Wherever radiological examination is not indicated MRI/CT Scan may be done.

1. X-ray advised ( as per requirements ) :

       i.     Shoulder joint : A.P view
       ii.    Elbow joint : A.P and lateral view
       iii.   Hand with wrist : A.P view
       iv.    Pelvis with hip joint : A.P view
       2.     Date of radiological examination :



        3.     Name of the radiographer :

       Radiological findings:
       S.no. X-ray advised      Findings    Age inference




                                                          "

9. Mr Maninder Singh submits that the above paragraph „F‟ of

Annexure-II of the National Code can easily be adopted by the DDCA

as it does not militate against the approach of the DDCA or the BCCI.

Consequently, there would be no difficulty in the Medical Board at

Apollo Hospital proceeding on the said basis.

10. From the foregoing discussion, the following points have

emerged as a consensus:-

(i) Every player entering the DDCA for selection under any

of the three categories would be required to undergo a medical

examination in addition to the age documentation that he

provides;

(ii) The medical examination will be carried out by a Board

of three doctors of Apollo Hospital on the basis of, inter alia,

the radiological examination/MRI/CT Scan (as applicable)

indicated in Annexure-II of the National Code. It would be

open to the Medical Board to adopt any particular examination

that it feels necessary for particular candidates. Apart from the

radiological examination, the Board shall, as is usually the case,

also conduct a dental examination and general physical

examination for arriving at the age of the concerned player;

(iii) Once the age is determined in the manner indicated

above, that would be maintained in the database of the DDCA

and will be strictly adhered to by the DDCA throughout the

entire career of that player;

(iv) In case of specific complaints of players having

manipulated their ages, the same shall be addressed to the

honorary General Secretary, DDCA. Thereafter, action thereon

shall be taken by the DDCA promptly and without any

inordinate delay.

11. These directions have been issued in respect of DDCA and we

expect and hope that in order to provide a level playing field to all

players selected under the aforesaid categories in different States, the

BCCI would also endeavour that they are adopted throughout India.

12. With these directions and observations, the writ petition stands

disposed of.

BADAR DURREZ AHMED, J

VEENA BIRBAL, J MAY 31, 2011 kks