Kerala High Court
Aparna Balan vs Union Of India on 10 July, 2018
Author: Hrishikesh Roy
Bench: Hrishikesh Roy, A.K.Jayasankaran Nambiar
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE THE ACTING CHIEF JUSTICE MR.HRISHIKESH ROY
&
THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR
TUESDAY, THE 31ST DAY OF JULY 2018 / 9TH SRAVANA, 1940
WA.No. 1410 of 2018 IN WPC. 21900/2018
AGAINST THE ORDER/JUDGMENT IN WP(C) 21900/2018 of HIGH COURT OF KERALA
DATED 10-07-2018
APPELLANT(S)/PETITIONERS:
1 APARNA BALAN, AGED 31 YEARS,
W/O.SANDEEP, NAMBIDI,
HOUSE NO.29/1867A, KODICHIKATTUPARAMBA,
KOTTOOLI P.O., KOZHIKODE - 673 016.
2 SRUTHI.K.P.,
AGED 21 YEARS, S/O.ANILKUMAR.K.P.,
KARAT AB BHAVAN, MAJOR SANTOSH ROAD,
WEST NADAKKAVU, KOZHIKODE - 673 011.
BY ADVS.SRI.BECHU KURIAN THOMAS (SR.)
SRI.PAUL JACOB (P)
SRI.ENOCH DAVID SIMON JOEL
SRI.LEO LUKOSE
RESPONDENT(S)/RESPONDENTS:
1. UNION OF INDIA,
REPRESENTED BY THE SECRETARY,
MINISTRY OF YOUTH AFFAIRS AND SPORTS,
SHASTRIBHAWAN, DR.RAJENDRA PRASAD ROAD,
NEW DELHI - 110 001.
2. BADMINTON ASSOCIATION OF INDIA,
D-610, VASANT VIHAR, NEW DELHI - 110 057,
REPRESENTED BY ITS GENERAL SECRETARY.
3. KERALA BADMINTON (SHUTTLE) ASSOCIATION,
MURALIKA, CHENAKKAL, CALICUT UNIVERSITY PO,
CALICUT - 673 635.
REPRESENTED BY ITS SECRETARY.
4. KERALA STATE SPORTS COUNCIL,
STATUE JUNCTION,
THIRUVANANTHAPURAM - 695 001,
REPRESENTED BY ITS SECRETARY.
5. PULLELA GOPICHAND,
PULLELA GOPICHAND BADMINTON ACADEMY,
SURVEY NO.91, ISB ROAD,
NEAR CENTRAL GOVERNMENT STAFF COLONY,
GACHIBOWLI, HYDERABAD,
TELANGANA -500 032.
W.A.NO.1410/2018
6. GAYATHRI GOPICHAND (MINOR),
PULLELA GOPICHAND BADMINTON ACADEMY,
SURVEY NO.91, ISB ROAD,
NEAR CENTRAL GOVERNMENT STAFF COLONY,
GACHIBOWLI, HYDERABAD,
TELANGANA - 500 032,
REPRESENTED BY HER FATHER SRI.PULLELA GOPICHAND.
7. AAKARSHI KASHYAP (MINOR),
PRAKASH PADUKONE BADMINTON ACADEMY,
SY.NO.336, BETTAHALASURU,
JALAHOBLI, YELAHANKATALUK,
BENGALURU, KARNATAKA - 562 157,
REPRESENTED BY HER FATHER SRI.SANJEEV KASHYAP.
8. INDIAN OLYMPIC ASSOCIATION,
OLYMPIC BHAWAN,
B-29, QUTAB INSTITUTIONAL AREA,
NEW DELHI - 110 016,
REPRESENTED BY ITS SECRETARY.
R5 BY ADV. SRI.JAWAHAR JOSE
R1 BY ADV. SMT.C.G.PREETHA, CGC
R2 BY ADV. SRI.ANKIT ROY
R2 BY ADV. SRI.NALIN KOHLI (SR.)
R8 BY SRI.JOHN VARGHESE
R6 BY SRI.A.MIDHUN KUMAR
R4 BY SMT.LATHA ANAND, SC, KERALA STATE SPORTS COUNCIL
R3 BY SRI.ZAKEER HUSSAIN
THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 25-07-2018 ALONG WITH
W.A.NO.1411/2018 & W.P.(C).NO.21900/2018, THE COURT ON 31-07-2018 DELIVERED THE
FOLLOWING:
W.A.NO.1410/2018
APPENDIX
PETITIONER(S)' EXHIBITS:
ANNEXURE A1: A TRUE ABSTRACT COPY OF THE SPORT TECHNICAL HANDBOOK ALLEGED
TO HAVE BEEN ISSUED BY THE INDONESIA ASIAN GAMES ORGANIZING COMMITTEE.
ANNEXURE A2: TRUE ABSTRACT COPY OF THE ORIGINAL SPORT TECHNICAL HANDBOOK
ISSUED BY THE ASIAN GAMES ORGANIZING COMMITTEE.
ANNEXURE A3: A TRUE COPY OF THE CORRESPONDENCE FROM THE FEDERATION
EQUESTRE INTERNATIONALE.
ANNEXURE A4: A TRUE COPY OF THE NEWS REPORT DATED 07.07.2018.
ANNEXURE A5: A TRUE COPY OF THE BADMINTON WORLD FEDERATION COMPETITION
REGULATIONS DATED 1.1.2018 WHICH IS PART OF THE BADMINTON WORLD
FEDERATION STATUES SECTION 5.1.
ANNEXURE A6: A TRUE COPY OF THE BADMINTON WORLD FEDERATION STATUTES
SECTION 5.2.1 RELATING TO MAJOR EVENTS TOURNAMENT REGULATIONS.
ANNEXURE A7: A TRUE COPY OF THE ABSTRACT OF THE NATIONAL SPORTS
DEVELOPMENT CODE OF INDIA 2011 AS PER THE GOVERNMENT ORDER DATED 18.9.2008.
ANNEXURE A8: A TRUE COPY OF THE NEWSPAPER REPORT THAT APPEARED IN THE
HINDU DAILY DATED 11.7.18.
RESPONDENTS' EXHIBITS:
EXHIBIT R2(A): A COPY OF THE LETTER DATED 8.5.2018 ADDRESSED BY THE
RESPONDENT NO.2 ANNOUNCING THE SAID SELECTION PROCESS.
EXHIBIT R2(B) (COLLY): COPIES OF THE SAID ANNOUNCEMENTS, BOTH DATED 9.5.2018.
EXHIBIT R2(C): COPY OF THE SAID INDIAN RANKING SYSTEM, 2009.
EXHIBIT R2(D): COPY OF THE NEWS-ARTICLE EXPLAINING THE OBJECTIVE OF HOLDING
SELECTION TOURNAMENTS BY THE BAI FOR SELECTION OF PLAYERS FOR ASIAN GAMES,
2018.
EXHIBIT R2(E): A LIST OF THE POINTS SCORED BY THE TOP PLAYERS IN EACH EVENT, I.E.
SINGLES AND DOUBLES CATEGORY.
EXHIBIT R2(F): A COPY OF THE MINUTES OF THE MEETING DATED 25.06.2018.
EXHIBIT R2(G): A COPY OF THE SAID LETTER DATED 26.06.2018.
EXHIBIT R2(H): A COPY OF THE BADMINTON 'SPORT TECHNICAL HANDBOOK' VERSION
2.0 DATED 15.02.2018 ISSUED BY THE INDONESIA ASIAN GAMES ORGANIZING
COMMITTEE I.E. INASGOC.
//TRUE COPY//
P.S. TO JUDGE
prp/
'C.R.'
HRISHIKESH ROY, AG.C.J.
&
A.K. JAYASANKARAN NAMBIAR, J.
-------------------------------
W.A.NOS.1410 & 1411 OF 2018
&
W.P.(C).NO.21900 OF 2018 (J)
-----------------------------------
Dated this the 31st day of July, 2018
JUDGMENT
A.K. Jayasankaran Nambiar, J.
Two accomplished shuttle badminton players of the State of Kerala are before us in these proceedings challenging their exclusion from the Womenb