Madras High Court
Volleyball Federation Of India vs Tamil Nadu State Volleyball on 7 October, 2022
W.A.No.2266 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 07.10.2022
CORAM :
THE HONOURABLE MR. JUSTICE G.R. SWAMINATHAN
and
THE HONOURABLE MRS.JUSTICE N.MALA
W.A.No.2266 of 2022
and C.M.P.No.17275 of 2022
Volleyball Federation of India
Rep.by its Secretary General
Anil Choudhary, Room No. 72
Jawaharlal Nehru Stadium
Chennai 600003 ... Appellant
-Vs-
1. Tamil Nadu State Volleyball
Association Room No.3 Jawaharlal Nehru
Stadium Periamet Chennai 03 Rep. by its
General Secretary
2. Secretary to Government
Ministry of Youth Affairs and Sports
Government of India Sasthri Bhavan New
Delhi 110 001
3. Member Secretary
Sports Development Authority of Tamil Nadu
SDAT Head Office, Jawaharlal Nehru Stadium
Periamet, Chennai 600 003.
4.Secretary to Government
Principal Secretary, Sports Welfare and
Cultural Activities Department, government
of Gujarat, Sachivalaya, Gandhi Nagar
https://www.mhc.tn.gov.in/judis
1/13
W.A.No.2266 of 2022
Gujarat.
5.Tamil Nadu State Olympic Association
Rep.by its Secretary. Room No.78
Jawaharlal Nehru Stadium, Periamet
Chennai 600 003.
6.The General Secretary
Gujarat Olympic Association
Nirmal Complex, Parimal Garden
Ahmedabad, Gujarat.
7.Mr.P.Balachandran
Chairman, Selection Committee
Appointed by VFI, Income Tax Officer
Office of the Chief Commissioner of
Income Tax, Aayakar Bhavan,
Nungambakkam, Chennai 600 034. ... Respondents
Prayer : Writ Appeal under Clause 15 of the Letters Patent against the order
in W.P.No.22545 of 2022 dated 30.09.2022.
For Appellant : Mr.P.V.Balasubramanian for M/s.BFS Legal
For Respondents : Mr.S.Thankasivan – for R1
No appearance – for R2, R3, R5,R6 & R7
Mr.P.Muthukumar,
State Government Pleader
Assisted by Mrs.R.Anitha, Special Govt.Pleader
-for R4
https://www.mhc.tn.gov.in/judis
2/13
W.A.No.2266 of 2022
JUDGMENT
(Judgment of the Court was delivered by G.R.SWAMINATHAN, J.)
Heard the learned counsel for the appearing parties.
2. The case on hand pertains to participation of men and women teams
representing the State of Tamil Nadu in Volleyball and Beach Volleyball
events in the 36th National Games 2022 at Gujarat. The appellant herein,
namely Volleyball Federation of India (VFI) is the apex body in the country
representing this game. Tamil Nadu State Volleyball Association (TNSVA), a
body registered under the provisions of the Tamil Nadu Societies Registration
Act, 1975, is responsible at the State level and is the writ petitioner herein.
All District Volleyball Associations and recognized Volleyball Clubs in the State
of Tamil Nadu are members of TNSVA. TNSVA is affiliated to VFI and is also
recognized by Tamil Nadu State Olympic Association and Sports Development
Authority of Tamil Nadu.
3. There arose certain disputes regarding the constitution of the
executive committee of TNSVA. O.A.No.105 of 2019 and A.No.930 of 2019
and A.Nos.2217 and 2218 of 2019 were filed on the original side of the
https://www.mhc.tn.gov.in/judis
W.A.No.2266 of 2022
Madras High Court in this regard. Vide order dated 27.04.2019 certain
directions were issued. A former Judge of this Court (Hon'ble Mr.Justice
D.Hariparanthaman) was appointed as Election Officer to conduct election to
elect the administering body for the Association for the next term of four
years from 2019. Election was conducted and a set of office bearers was
chosen. Vide order dated 27.09.2019 in A.Nos.7203 and 7205 of 2019
directions were given to the Volleyball Federation of India (VFI) and Tamil
Nadu Olympic Association to recognize the body of office bearers elected for
TNSVA for the term 2019-23. Pursuant thereto, the Secretary General, VFI
issued certificate dated 25.11.2019 recognizing the aforesaid election.
4. Vide communication dated 06.08.2022, VFI constituted a selection
committee to select the members of the men and women teams for volleyball
and beach volleyball to represent the State of Tamil Nadu in the 36 th National
Games. This communication was challenged by TNSVA in W.P.No.22545 of
2022. The writ petition was filed on 23.08.2022. Notice was ordered on
25.08.2022. The petitions seeking interim reliefs were taken up for hearing
on 30.09.2022. After hearing counsel on either side, direction was issued to
the Government of India and the Government of Gujarat (R1 and R3 in the
writ petition) to approve the list of players selected and sent by TNSVA and
https://www.mhc.tn.gov.in/judis
W.A.No.2266 of 2022
allow them to participate in the event of Volleyball at the 36 th National
Games. The order copy was issued only on 06.10.2022. Considering the
extreme urgency expressed by the counsel, the appeal was permitted to be
moved. This writ appeal was heard along with W.P.No.25668 of 2022.
5. The interim order that is impugned in this writ appeal rests on three
premises.
(a) Election to the administering committee of TNSVA was
conducted by a former Judge of this Court under orders
passed in the Original Side. This has been duly approved also.
It is only TNSVA that can select the team to represent the
State in the National Games.
(b) VFI appointed a selection committee to finalize the
members of the teams to represent the State in the Volleyball
event. The selection committee was constituted under
communication dated 06.08.2022 issued by VFI. This
communication was stayed by the Hon'ble First Bench in
W.P.No.25668 of 2022 on 21.09.2022. Therefore, the said
order has become non-est.
(c) VFI has been de-recognized by the Central Government
https://www.mhc.tn.gov.in/judis
W.A.No.2266 of 2022
vide communication dated 25.06.2020.
6. W.P.No.25668 of 2022 filed by one Naveen Raja Jacob has been
dismissed by us today. Therefore, the very foundation on which the
impugned order rests has been undermined. The other two reasons assigned
by the learned Judge have also been dealt with in detail in the order dated
07.10.2022 dismissing W.P.No.25668 of 2022. More than anything else, the
writ petitioner has given a wrong picture that the games are being conducted
by the Central Government and the Government of Gujarat. It is not so. The
events are being organized by the Indian Olympic Association. It has
constituted Games Technical Conduct Committee (GTCC). Indian Olympic
Association had made it clear that it would deal only through VFI. This was
made clear on 31.08.2022 by Tamil Nadu State Olympic Association in a
letter addressed to TNSVA. TNSVA was called upon to contact the National
Federations as the entries are given directly to the respective Federations by
their affiliates. In other words, TNSVA will not have an independent standing
to nominate or send its teams for participation in the National Games.
7. That the National Games are organized by Indian Olympic
https://www.mhc.tn.gov.in/judis
W.A.No.2266 of 2022
Association (IOA) is not in doubt. The Hon'ble Supreme Court of India in its
order dated 22.09.2022 in S.L.P.(C) No.14533 of 2022 has observed as
follows:
“ 8. The National Games are being conducted by the IOA
between 29 September 2022 and 12 October 2022 after a
gap of seven years. Events will be held at multiple cities in
the State of Gujarat, including Ahmedabad, Gandhinagar,
Surat, Vadodara, Rajkot and Bhavnagar. Over 8000 athletes
are expected to participate in the National Games. This
constitutes the biggest event in athletic sports in India. The
Court has been apprised that MOUs have been executed by
the IOA through its Secretary General with the Government
of Gujarat and Gujarat Olympic Association. The
preparations have been made by IOA; multiple committees
have been set up; and the Secretary General is responsible
for the day to day administration. In view of impending
National Games, we direct that the administration of the
affairs of IOA shall, pending the conclusion of the elections,
be conducted by the Secretary General of IOA.”
But IOA had not even been made a party to the writ petition.
Therefore, the writ petition itself would suffer from the vice of non-joinder of
https://www.mhc.tn.gov.in/judis
W.A.No.2266 of 2022
necessary party.
8. TNSVA is affiliated to VFI. TNSVA cannot challenge the scheme set
out in the bye-laws of VFI. It is seen from the constitution and bye-laws of
VFI that it is the official organization in complete and sole charge of all
matters concerned with the game of Volleyball in India. Mr.Sricharan
Rangarajan, the learned counsel appearing for the team members selected by
VFI drew our attention to Article XIX of the constitution of VFI which reads as
follows:
“ Disputes / Conflicts / Affecting the preparation of teams for
National / International Championships:
In the event of a dispute within an affiliated unit which
affects normal working of the said Unit and prevents
preparation of team and training of the players under charge
of the Unit for purposes of National / International
representation / competition under the aegis of the
Federation / International Federation / IOA, the Federation
will constitute an ad-hoc body from within its Executive
Committee, associating any such person from outside, as it
may deem necessary, to continue with the work of such
preparation and training of that sport until the dispute within
the Unit is resolved.”
https://www.mhc.tn.gov.in/judis
W.A.No.2266 of 2022
9. Of course in this case, there does not appear to be any dispute
within TNSVA. But the fact remains that TNSVA did not act in time to finalize
the State team. This Article clearly gives power to VFI to step in in matters
concerning preparation of teams for National Championship. We therefore
find considerable merit in the contention of the learned counsel appearing for
the appellant that the impugned communicated dated 06.08.2022 is within
the competence of VFI. It is true that TNSVA filed the writ petition on
22.08.2022 itself. But the effective hearing of the interim applications was
taken up only on 30.09.2022. By then much water had flown under the
bridge. The accreditation process was over on 08.09.2022 itself. The team
entries got closed on 31.08.2022 itself. TNSVA conducted the selection trials
only from 10-14 September 2022. It is obvious from the sequence of events
that the matters had become infructuous by 30.09.2022. For the reasons set
out in the order dated 07.10.2022 dismissing W.P.No.25668 of 2022 and for
non-joinder of IOA, the order impugned in this writ appeal is liable to be set
aside.
10. The learned counsel for TNSVA relied on the order passed by the
High Court of Kerala at Ernakulam in W.P.(C) No.28375 of 2022 dated
https://www.mhc.tn.gov.in/judis
W.A.No.2266 of 2022
02.09.2022. This was confirmed by the Hon'ble Division Bench. S.L.P. filed
by Kerala State Volleyball Association was dismissed by the Hon'ble Supreme
Court on 26.09.2022. We are of the view that this will not advance the case
of the writ petitioner herein. The writ petition before the Kerala High Court
was filed by Volleyball players selected by the State Volleyball Technical
Committee under the Kerala State Sports Council. They felt aggrieved by the
decision of the Kerala Olympic Association to enter a team selected by the
Kerala State Volleyball Association in the National Games instead of the team
selected by the Sports Council. The Kerala High Court took note of the fact
that Kerala State Volleyball Association has been suspended by the Sports
Council and that the State Olympic Association committed gross illegality by
deciding to send a team selected by a non-existent Association. The Sports
Council is a neutral body acting under the aegis of the State Government.
VFI and the Kerala State Volleyball Association were on the same page in the
said writ proceedings. The facts of the present case are entirely different and
clearly distinguishable.
11. There is one other reason which impels us to interfere. The
counsel have made available the email sent by GTCC Secretariat, 36th
National Games, Gujarat 2022 stating that in view of the interim orders
https://www.mhc.tn.gov.in/judis
W.A.No.2266 of 2022
passed by the Madras High Court, no volleyball players / teams representing
Tamil Nadu will be participating in the 36th National Games. It was also
decided that the teams that were scheduled to play the Tamil Nadu teams
shall get a walkover. If this were to happen, it would be an irreversible
adverse development. When the Hon'ble Delhi High Court appointed a
Committee Of Administrators (COA)to take over the administration of Indian
Olympic Association, the Hon'ble Apex Court intervened since there was every
possibility that Indian athletes might lose the chance of participating in
International events including the Olympics. Vide order dated 22.09.2022 in
S.L.P.(C) No.14533 of 2022 (Indian Olympic Association -Vs- Union of India
and Others), the Hon'ble Apex Court has made several observations in
connection with the National Games now being conducted by IOA between
29.09.2022 and 12.10.2022 after a gap of seven years. If we do not
interfere in this Writ Appeal, there will be no representation for the State of
Tamil Nadu in the Volleyball event. Already, in the Beach Volleyball event
there has been a walkover. The same should not befall volleyball event also.
12. For the foregoing reasons, the order dated 30.09.2022 made in
W.M.P.No.21569, 21571, 21576 and 21578 of 2022 in W.P.No.22545 of 2022
is set aside and the Writ Appeal is allowed. No costs. Consequently,
https://www.mhc.tn.gov.in/judis
W.A.No.2266 of 2022
connected miscellaneous petition is closed.
(G.R.S.,J.) (N.M.,J.)
07.10.2022
Index : Yes/No
Internet : Yes/No
KST
Note : Issue order copy today (07.10.2022)
https://www.mhc.tn.gov.in/judis
W.A.No.2266 of 2022
G.R. SWAMINATHAN, J.
and
N.MALA, J.
KST
W.A.No.2266 of 2022
07.10.2022
https://www.mhc.tn.gov.in/judis
