Delhi High Court
Parul Gupta & Ors vs Uoi & Ors on 9 July, 2013
Author: V. K. Jain
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of Decision: 09.07.2013
+ W.P.(C) 4128/2013
PARUL GUPTA & ORS .... Petitioners
Through: Mr Kanwal Chaudhary and Mr Puneet
Khurana, Advs.
versus
UOI & ORS ..... Respondents
Through: Mr Anil Grover and Ms Nooper Singhal, Advs
for respondent No. 2
CORAM:
HON'BLE MR. JUSTICE V.K.JAIN
JUDGMENT
V.K.JAIN, J. (ORAL)
1. The petitioners before this Court are differently abled persons, seeking to
participate in 22nd Deaflympics to be held at Sofia, Bulgaria starting on 26.07.2013.
Pursuant to the entries invited by All India Sports Council of Deaf, the petitioners
participated in the process for selection of teams/participants, who were to take part
in Deaflympics, 2013. In the said selection process, petitioner No.1 ranked 4 th in
Women (Single) and Women (Double), whereas petitioner No. 2 ranked 4th in
Men's (Single). Though the registration for participation in Deaflympics, 2013
was obtained for up to four players in each category, ultimately only two persons
from each category were selected to participate in the said event.
2. The grievance of the petitioners is that though on account of registration for
up to four participants in each event, it was possible to send them to participate in
Deaflympics, 2013, the respondents on account of shortage of funds, decided to
send only two players in each category. The petitioners are accordingly seeking
direction to the respondents to consider including them in the contingent being sent
to Deaflympics, 2013 being held at Sofia, Bulgaria.
3. In its counter-affidavit, respondent No. 1-Union of India has stated that the
selection of sports persons for participation in the international event is the
prerogative of the national federation of sports concerned and Union of India has
no role in the matter. It is further stated in the counter-affidavit that Union of India
only provides financial assistance as per approved budget under the Scheme of
Assistance to National Sports Federation, through respondent No. 2-Sports
Authority of India, for participation of the players selected by the concerned Sports
Federation on the basis of Selection Criteria fixed by the concerned National Sports
Federation. It is also stated in the counter-affidavit of Union of India that since
there is a dispute between the two factions of All India Sports Council of Deaf, the
selection of the participants was undertaken by Sports Authority of India. It is also
stated in the reply of the Government that All India Sports Council of Deaf has
been placed in the priority category so that the athletes could be provided with
maximum amount of admissible assistance given under the Scheme of Assistance
to National Sports Federation.
4. In its counter-affidavit, respondent No. 2-Sports Authority of India has stated
that they have selected only two players each in every stream, i.e., badminton, table
tennis and lawn tennis separately amongst men and women and, therefore, the
process of selection or the decision taken by them to send two players in each
category cannot be said to be arbitrary. It is further stated in the counter-affidavit
of respondent No. 2 that the final list of the participants has already been sent on
30.6.2013.
5. It would thus be seen that on account of registration for a maximum of four
players in each category, it is possible for the respondents to send up to two players
to participate in Deaflympics, 2013. Considering the handicap from which such
players suffer, it ought to be the endeavour of the respondents to send maximum
players to participate in such events so that they get an opportunity to interact with
players from other nations and work towards improving their performance and
standards. Utmost encouragement needs to be given to such sports persons. The
counter-affidavit filed by respondent No. 2-Sports Authority of India does not
explain as to why they decided to send only two players in each category, despite
registration being up to 4 players in each category. During the course of hearing,
the Court was informed that last year more than 2 players were sent to participate
in some other international events. It was also stated by the respondent No. 2-
Sports Authority of India that the decision to restrict the number of participants to
two in each category was not taken at the level of the Board of Sports Authority of
India, but was taken at a lower level. He also informs that Board is headed by the
Union Minister of Sports.
6. In these circumstances, the writ petition is disposed of with a direction to
respondent No. 2-Sports Authority of India to place the entire matter before its
Board within three days from today, for consideration of the matter and if the
Board decides to send up to four persons in one or more categories, those who are
placed at serial No. 3 and 4 in those categories and are desirous of participating in
the event, would be sent immediately after the decision of the Board, so as to
enable them to participate in the event. Of course, additional participants can be
sent only if so agreed by International Committee of Sports for the Deaf (ICSD). It
is expected that the Board will take an expeditious decision in the matter,
considering that the event is to commence this very month.
The writ petition stands disposed of.
A copy of this order be given dasti under the signature of Court Master.
V.K. JAIN, J
JULY 09, 2013
BG
