Madras High Court
Master Nitin Krishna V.G. (Minor) vs The Chairperson on 17 April, 2023
W.P.No.11426 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 17.04.2023
CORAM
THE HONOURABLE MR.JUSTICE M.DHANDAPANI
W.P.No.11426 of 2023
And
W.M.P.No.11321 of 2023
Master Nitin Krishna V.G. (Minor)
Represented by Natural Guardian
Mr.Gopalakrishnan Subramanian ... Petitioner
Vs.
1.The Chairperson,
Special Olympics Bharat,
J-47, Lower Ground Floor,
Lajpat Nagar – III,
Delhi – 110 024.
2.The Area Director,
Special Olympics Bharat Tamil Nadu,
A3-A4, Golden Fortune,
No.1, Nolambur Main Road,
Mogappair West, Chennai – 600 107.
3.The Director General,
Sports Authority of India,
Jawaharlal Nehru Stadium Complex (East Gate),
Lodhi Road,
New Delhi – 110 003.
4.Union of India
Under Secretary,
Ministry of Youth Affairs and Sports,
Room No.15-C, Shastri Bhavan,
New Delhi – 110 001. ... Respondents
1/6
W.P.No.11426 of 2023
Prayer:
Petition filed under Article 226 of the Constitution of India to
issue a Writ of Certiorari calling for the report dated 14.07.2022 filed
by the Area Director, Special Olympics Bharat Tamil Nadu in W.P.No.
17714 of 2022 rejecting consideration of the representation made by
the petitioner dated 11.06.2022 and quash the same as non-est in
law.
For Petitioner : Mr.G.Rajagopalan
Senior Counsel
for M/s.S.Arunkungumaraj
For Respondents : Mr.A.Prakash for R1, R3 & R4
ACGSC
ORDER
The petitioner has filed this writ petition seeking issuance of
Writ of Certiorari calling for the report dated 14.07.2022 filed by the
Area Director, Special Olympics Bharat Tamil Nadu in W.P.No. 17714
of 2022 rejecting consideration of the representation made by the
petitioner dated 11.06.2022 and quash the same as non-est in law.
2.The learned Senior Counsel appearing for the petitioner
submitted that the petitioner's son was selected to represent Tamil
W.P.No.11426 of 2023
Nadu Special Olympics Bharat Swimming at the Special Coaching
Camp conducted by Special Olympics Bharat at Mumbai, Maharashtra
between 13.02.2022 and 18.02.2022 which was conducted in
furtherance of Special Olympics World Games, 2023, however, due to
Covid lockdown, the training camp was re-scheduled and the venue
changed to Mandia, Karnataka. Thereafter new list was prepared by
the second respondent removing the name of the petitioner's son.
Hence, the petitioner made representation to the respondents for
inclusion of his son's name in the Special Coaching Camp. Since no
action was taken, he filed W.P.No.17714 of 2022 before this Court
seeking to consider his representation and this Court vide order dated
11.07.2022 directed the respondents to file a report, pursuant to
which, the second respondent filed the impugned report dated
14.07.2022. Thereafter, vide order of this Court dated 15.07.2022,
the said writ petition was dismissed. Challenging the report of the
second respondent dated 14.07.2022, the present writ petition has
been filed.
3.Per contra, the learned ACGSC submitted that the impugned
report form part and parcel of the order of this Court dated
W.P.No.11426 of 2023
15.07.2022 made in W.P.No.17714 of 2022 and further submitted that
as against the order of this Court dated 15.07.2022, the petitioner
preferred W.A.No.1705 of 2022 and the Hon'ble Division Bench of this
Court confirmed the order of this Court dated 15.07.2022. Once the
report merge with the order of this Court made in the writ petition and
confirmed by the judgment of the Hon'ble Division Bench of this Court,
the petitioner has no locus standi to challenge the report of the second
respondent dated 14.07.2022.
4.The facts in the present case is not in dispute. Admittedly, the
impugned report was filed by the second respondent in W.P.No.17714
of 2022. Thereafter, this Court dismissed the said writ petition, as
against which, the petitioner preferred appeal in W.A.No.1705 of 2022
before the Hon'ble Division Bench of this Court and the Hon'ble
Division Bench of this Court confirmed the order of this Court dated
15.07.2022 made in W.P.No.17714 of 2022. Hence, the petitioner has
no locus standi to independently challenge the report of the second
respondent dated 14.07.2022 since the report merge with the order of
this Court.
W.P.No.11426 of 2023
5.The writ petition is accordingly dismissed. No costs.
Consequently, the connected miscellaneous petitions are closed.
17.04.2023
pri
Speaking Order/ Non Speaking Order
Index: Yes/ No
Internet: Yes/ No
To
1.The Chairperson,
Special Olympics Bharat,
J-47, Lower Ground Floor,
Lajpat Nagar – III,
Delhi – 110 024.
2.The Area Director,
Special Olympics Bharat Tamil Nadu,
A3-A4, Golden Fortune,
No.1, Nolambur Main Road,
Mogappair West, Chennai – 600 107.
3.The Director General,
Sports Authority of India,
Jawaharlal Nehru Stadium Complex (East Gate),
Lodhi Road,
New Delhi – 110 003.
4.Union of India
Under Secretary,
Ministry of Youth Affairs and Sports,
Room No.15-C, Shastri Bhavan,
New Delhi – 110 001.
W.P.No.11426 of 2023
M.DHANDAPANI,J.
pri
W.P.No.11426 of 2023
And
W.M.P.No.11321 of 2023
17.04.2023
