Pawan Guliani & Ors. vs Union Of India & Ors.
2015 Latest Caselaw 7511 Del

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*       IN THE HIGH COURT OF DELHI AT NEW DELHI
+       W.P.(C) 9380/2015 & CM No. 21829/2015 (Stay)
        PAWAN GULIANI & ORS                     ..... Petitioners
                    Through: Ms Sindhu & Mr Hitender, Advs.

                           versus

        UNION OF INDIA & ORS                         ..... Respondents
                      Through: Mr Jaswinder Singh, Adv. for R-1.
                      Mr Amit Bansal, Ms Seema Dolo & Mr Akhil
                      Kulshretha, Advs. for R-2 & 3.
        CORAM:
        HON'BLE MR. JUSTICE RAJIV SHAKDHER

                    ORDER

% 01.10.2015

1. Yesterday, I had issued notice to respondent no.4 i.e. Roller Skating Federation of India (in short the RSFI). Learned counsel for the petitioners has filed an affidavit stating that service was attempted to be effected on the General Secretary of RSFI, whose premises was found closed. She has also indicated in her affidavit, that the General Secretary and the President of the RSFI were informed, via email, about the hearing fixed in court, today. 1.1 There is, however, no representation on behalf of the RSFI.

2. In this writ petition, a challenge has been laid to the CBSE Inter- School Sports & Games Competitions Organization Rules, 2015-2016 (in short the 2015 Rules). Apparently, these rules were issued in September, 2015. The petitioners before me are aggrieved by the fact that

till last year i.e. 2015, there were two age groups in place which have been deleted. These age groups were 6 to 8 years and 8 to 10 years. 2.1 The petitioners submit that the CBSE has created a new age group, by merging the 8 to 10 years group, with the participants who are 12 years old by having a separate group comprising of participants falling in the age group : 8 to 12 years. The petitioners submit that this sudden change in the rule position has put paid to the aspirations of several young participants who have been training for the event for quite sometime. 2.2 It is also the contention of the petitioners, in effect, that the four new age groups created via 2015 rules are arbitrary and irrational. The new age groups, which CBSE has admittedly created under the 2015 Rules, are 8-12 years, 12-14 years, 14-16 years and 16-19 years. It is, therefore, the petitioners' contention that while the age gap in the first group is 4 years, in the second and third group it is 2 years, and in the fourth group it is 3 years. 2.3 It is the petitioners' submission that the motor skills of an 8 year old are different from those of an 11 year old or a 12 year old. The petitioners challenge the 2015 rules and grouping so created on various grounds including on grounds of irrationality and arbitrariness.

3. I may only note that the petitioners herein are the parents of those participants who are likely to take part in the CBSE North Zone-I Skating Championships, 2015. These championships are slated between the 26th and 28th October, 2015. In the petition, however, there is a reference to the CBSE North Zone-II Skating Championships, as well. This competition, I am told, is slated for tomorrow i.e. 02.10.2015. Mr Bansal, who appears for the CBSE, has affirmed the said position.

4. Though, presently, there is no one before me who seeks participation in the CBSE North Zone-II Skating Championships, 2015, the challenge to the Rules remains the same. There is a likelihood of certain participants in the lower age groups i.e. 6 to 8 years and 8 to 10 years who would want to participate in the CBSE North Zone-II Skating Championships but are not before the court today. The fact that they are not before the court, cannot mean that they should be denied the benefit of the interim relief sought for by the petitioners. What is sauce for the goose is sauce for the gander as well. See observations in Charles K. Skaria and Ors. Vs. Dr. C. Mathew and Ors., (1980) 2 SCC 752 in paragraph 28 to 30 and 32 on pages 766-767. The interim relief sought for by the petitioners, is that, they should be allowed to register and participate in the CBSE North Zone-I Skating Championship, 2015 pending final adjudication.

5. Mr Bansal points out that, as a matter of fact, in the interim application complete stay on the championship is sought. Mr Bansal also says that the impugned Rules were uploaded on the CBSE's website on August, 2015 and, therefore, the logical sequitor of his argument is, that the challenge to the Rules is "highly delayed".

6. Having regard to the overall circumstances, I am of the view that, prima facie, there is a good chance of the petitioners succeeding. Therefore, RSFI is directed to permit registration and participation in championships concerning both, both in CBSE North Zone-I Skating Championships and CBSE North Zone-II Skating Championships in the following age groups: 6- 8 years, 8-10 years, 10-12 years, 12-14 years, 14-16 years and 16-19 years. 6.1 It is made clear though, that the winners in each category will not be

awarded prizes till final adjudication in the writ petition.

7. The petitioners will serve a copy of this order passed today on RSFI.

8. Mr Bansal, who appears for the CBSE, will send an intimation to RSFI, as well.

9. The respondents will file their counter affidavit within ten days from today. Rejoinder, if any, be filed before the next date of hearing.

10. List on 19.11.2015.

11. Dasti under the signatures of the Court Master.

RAJIV SHAKDHER, J OCTOBER 01, 2015 kk