Shaikh Abdul Hameed vs Union Of India
2013 Latest Caselaw 4603 Del

       *       IN THE HIGH COURT OF DELHI AT NEW DELHI

%                                            Date of Decision: 04.10.2013

+      W.P.(C) 5674/2012

       SHAIKH ABDUL HAMEED                      ..... Petitioner
                    Through: Ms Vasundhara Pathak Masoodi
                    and Mr Nitesh Rana, Advs.

                            versus

    UNION OF INDIA                                    ..... Respondent
                  Through: None.
CORAM:
HON'BLE MR. JUSTICE V.K. JAIN
V.K. JAIN, J. (ORAL)

The petitioner before this Court was nominated by the Ten Pin

Federation of India in the year 2005 and 2012 for being considered for

conferment of Arjuna Award. The petitioner, however, has not been

conferred with the said Award. Being aggrieved from the denial of such

an award, the petitioner is before this Court, seeking the following

reliefs:-

"a. A Writ, order or direction in the nature of Mandamus or any other suitable Writ, order of direction thereby directing the respondent to nominate the name of the petitioner for the Arjuna Award."

2. In its counter-affidavit, the respondent-Union of India has stated

that selection of the sports persons for Arjuna Award is made on the

recommendations of a duly constituted Selection Committee consisting

of eminent sportspersons, former Olympians, former Arjuna Awardees

and Sports Administrators, in terms of the eligibility criteria laid down

in the scheme of Arjuna Awards and on evaluation and assessment of

the nominations received from Indian Olympic Association, National

Sports Federation, Sports Promotion Boards, State Governments, etc. It

is further stated in the counter-affidavit that the name of the petitioner

did not figure in the list of sportspersons, recommended by the said

Selection Committee and, therefore, the Government did not confer such

award on him. It is also claimed in the counter-affidavit that Arjuna

Award cannot be claimed as a matter of right. According to the

respondent, the number of Arjuna Awards normally does not exceed 15

in a year, but, considering the Commonwealth Games and Asian Games,

18 sportspersons were conferred such award in the year 2011 and the

number was increased to 25 in the year 2012, the said year being the

Olympic Year and India having won six medals in London Olympics.

However, the respondent has not denied the averment that the petitioner

was nominated by Ten Pin Federation of India in the year 2005 as well

as in the year 2012.

3. The scheme, framed by the Government for the Arjuna Awards

for outstanding performance in sports and games, to the extent it is

relevant, reads as under:

"4.1 To be eligible for the Award, a sportsperson should have had not only good performance consistently for the previous three years at the International level with excellence for the year for which the Award is recommended but also should have shown qualities of leadership, sportsmanship and a sense of discipline.

4.3 The Government will only consider conferring Arjuna Award in the disciplines falling under following categories:-

a) Olympic Games/Asian Games/ Commonwealth Games/World Cup/ Word Championship disciplines and cricket or any equivalent recognized international tournament.

b) Indigenous Games.

c) Sports for Physically challenged.

5. NOMINATION

5.1 The nominations for the Awards will be invited by the Ministry of Youth Affairs and Sports from all National Sports Federations recognized by the Government of India, Indian Olympic Association and State/UT Governments in the month of January each year. Last date for the receipt of nominations will be 30th April of the same year. These agencies will be allowed to make nominations

upto a maximum of three eligible sportspersons.

5.2 In addition, nominations will also be invited from Sports Control/Promotion Boards of various Government Organizations such as the All India Police Sports Control Board, Army Sports Control Board, Railway Sports Promotion Board, Services Sports Control Board, Indian Navy Sports Control Board and Air Force Sports Control Board etc. These agencies will be allowed to make nominations upto a maximum of five sports persons.

5.3 In addition to the existing sponsoring authorities/agencies, Rajiv Gandhi Khel Ratna Awardees of the previous years can also nominate one eligible sportsperson each for Arjuna Award. Further, Director General, Sports Authority of India can also nominate upto three eligible sportspersons for this award.

5.4 The concerned agencies should send the application in one lot only and should restrict the number of nominations as per the above guidelines. In case more nominations are made, any first three/five nominations (as the case may be) will be considered.

5.5 Notwithstanding the above, Government reserves the right to make nomination of sportspersons in deserving cases where no such nominations have been received from the agencies mentioned under the Scheme.

The nominations are to be verified and confirmed from officials

records and thereafter the awards have to be decided by a Selection

Committee consisting of the following:-

     "1              Sportsperson of eminence                      Chairman

         2           Director General, Sports Authority of India   Member (Ex-officio)
         3           Joint Secretary (Sports), Ministry of Youth   Member (Ex-officio)
                     Affairs and Sports

     4               Olympians of eminence from different          5 members
                     disciplines

     5               Arjuna Awardees from different                4 members
                     disciplines

     6               Sports Administrators                         2 members

     7               Director/Deputy Secretary (Sports),           Member - Secretary
                     Ministry of Youth Affairs and Sports          (Ex-officio)"

Clause 9.6 of the aforesaid scheme provides that the Committee

will determine its own work procedure and its proceedings will be

treated as confidential.

4. A perusal of the recommendations made by the Selection

Committee for conferment of Arjuna Award in the year 2012, would

show that as many as 25 names were commended by the said

Committee for conferment of Arjuna Award. The name of the petitioner

does not figure in the said list.

5. The grievance of the petitioner is that no guidelines have been

framed by the Government on the basis of which the Selection

Committee is to make recommendations to the Government for

conferment of such award and in the absence of guidelines, the

Selection Committee has been acting in an arbitrary manner and there

are various complaints, alleging favouritism and corruption in

conferment of such awards. The petitioner, therefore, wants the

Government to frame appropriate guidelines so that the

recommendations made by the Selection Committee are based on an

objective criteria, leaving no scope for any favouritism or arbitrary

decision.

6. I am of the view that the Government of India must necessary

consider framing of appropriate criteria/guidelines to be adopted by the

Selection Committee, while making recommendations for conferment of

Arjuna Award, since in the absence of any guidelines/objective criteria,

there is always a possibility of arbitrariness and sometimes favouritism

creeping in the recommendations made by the Selection Committee,

irrespective of the status of the persons constituting the Selection

Committee. It may not be appropriate or even possible to frame

guidelines/criteria to such an extent that the Selection Committee has no

role to play in the matter and its recommendations become wholly

mechanical, but, some broad and objective criteria would be desirable

for the guidance of the Selection Committee.

7. In these circumstances, the writ petition is disposed of with a

direction to the respondent-Union of India, Ministry of Youth Affairs

and Sports to consider framing appropriate guidelines/objective criteria

to be applied by the Selection Committee, in making recommendations

for conferment of Arjuna Award. An appropriate decision in this regard

shall be taken by the respondent within three months from today.

8. Since the recommendations made by the Selection Committee for

the year 2012 do not indicate as to which were the nominations received

and considered by the Selection Committee and consequently, it is not

possible to know whether the nomination of the petitioner was duly

considered by the said Committee or not, it is also directed that

nomination received by the respondent Ten Pin Federation of India, be

placed before the Selection Committee when it next meets to consider

making recommendations for conferment of Arjuna Awards.

The writ petition stands disposed of accordingly.

There shall be no order as to costs.

V.K. JAIN, J

OCTOBER 04, 2013/BG