Delhi High Court - Orders
Minerva Public School vs Air Force Sports Control Board & Ors on 22 August, 2024
Author: Sanjeev Narula
Bench: Sanjeev Narula
$~83
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 11615/2024
MINERVA PUBLIC SCHOOL .....Petitioner
Through: Mr. Kotla Harshvardhan, Ms. Gayatri
Gupta, Ms. Rishabha Arora, Mr.
Anmol Gupta and Mr. Ritikesh,
Advocates.
versus
AIR FORCE SPORTS CONTROL BOARD & ORS.
.....Respondents
Through: Mr. Anil Soni, CGSC with Mr.
Devvrat Yadav, GP for R-3/ UOI.
Mr. Prateek Chadha, Mr. Sreekar
Aechuri and Mr. Arjun Nayyar,
Advocates for R-4/ AIFF.
CORAM:
HON'BLE MR. JUSTICE SANJEEV NARULA
ORDER
% 22.08.2024 CM APPL. 48291/2024 (seeking exemption)
1. Exemption is granted, subject to all just exceptions.
2. The Petitioner shall file legible and clearer copies of exempted documents, compliant with practice rules, before the next date of hearing.
3. Disposed of.
CM APPL. 48292/2024(seeking permission to file synopsis and list of dates)
4. Exemption allowed, subject to all just exceptions.
5. Disposed of.
W.P.(C) 11615/2024 Page 1 of 5This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 26/08/2024 at 20:59:01 CM APPL. 48290/2024 (seeking ad-interim directions)
6. Minerva Public School, the Petitioner, is aggrieved by the fact that Respondents No. 1 and 2 have failed to conduct an age determination test using skeletal age estimation, for the Sub-Junior Boys (Under-15) category in the 63rd Subroto Cup International Football Tournament1, in violation of the rules and regulations of prestigious tournament. To substantiate their argument, the Petitioner relies upon relevant guidelines issued by Respondent No. 4 - All India Football Federation2, which is a National Sports Federation recognised by the Government of India.
7. Petitioner also urges that they are defending champion of the Subroto Cup in the Sub-Junior Boys (Under-15) category and have also participated in this year's tournament.
8. They urge that there is a rampant age fraud as participants who are above the prescribed age are being allowed to participate and the required age determination test had not been conducted. Petitioner urges that they have volunteered to pay the costs of tests and have also lodged their protest/ complaint regarding the age of certain players as per Clause 35 of the Prospectus of the 63rd Subroto Cup, however, no action has been taken by Respondent No. 1 in this regard.
9. The Court has considered and heard the counsel at length. However, on a prima facie assessment of the facts presented, the Court finds no ground for granting any interim relief as prayed for by the Petitioner. It is noted that the Prospectus of this year's Subroto Cup prescribes the following criteria for eligibility:
1"Subroto Cup"2
"AIFF"W.P.(C) 11615/2024 Page 2 of 5
This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 26/08/2024 at 20:59:01 "Eligibility of Players:
12. Only bonafide students of the school who have been on the rolls of the school concerned from the beginning of the academic year or term shall be eligible to play in the tournament for the school team subject to age criteria given below in Para 13 to 17. A Player is permitted to participate in only one category i.e. If a Sub-Junior Boys (U-15) wants to play Junior Boys (U-17) then he will not be allowed to participate in Sub-Junior Boys (U-15).
Age:
13. Sub-Junior Boys (U-15): To be eligible to represent his school team, a player in the Sub Junior Boys Group (Under 14 years) should be born on or after 01 January 2010.
14. Junior Girls (U-17): To be eligible to represent her school team, a player in the Junior Girls Group (Under 17 years) should be born on or after 01 January 2008.
15. Junior Boys (U-17): To be eligible to represent his school team, a player in the Junior Boys Group (Under 17 years) should be born on or after 01 January 2008.
16. The age as per school records and valid Aadhar Card / Passport shall be accepted for this purpose, subject to Para 17 below. Medical Examination to Determine Age:
17. All the participating players would be subject to a medical examination under the Organising Committee's arrangements for determining the correct age. The findings of the medical examination shall be binding. 'NO' appeal against the decision of the medical board shall be entertained.
18. Players suspected of being overage for Sub Junior Boys (U-15) category will be subjected to Age Determination Test under the All India Football Federation (AIFF) approved Skeletal Maturity Determination Program Guidelines, at the AIFF affiliated Test Centre. The eligibility of players will be based on the Skeletal Maturity rather than the Chronological Age. Under this test, the suspected players will undergo an X-ray of the left-
hand wrist. Based on the result of the X-ray analysis, the Skeletal Maturity Age will be determined and further the eligibility of the player in the particular age category will be ascertained.
19. A player who has already undergone the Subject test under the aegis of AIFF will not be subjected to the test. However, the player is to furnish the test result at the time of medicals. Organising Committee will conduct TW3 test for a maximum of 7 players in a team who are suspected to be overage.
20. In case four or more players in a particular team are found over aged, the team will not be permitted to participate in the tournament. In case of three or less overaged players in a team, the team can participate without the overage players, who will be disqualified.
21. The AIFF Skeletal Maturity Determination Program Guidelines W.P.(C) 11615/2024 Page 3 of 5 This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 26/08/2024 at 20:59:01 document is attached for the information of all teams."
10. As can be seen from the above, in order to determine eligibility of a player, the Prospectus prescribes that the participants' school records and valid Aadhar card/ passport is accepted. This is however, subject to Paragraph No. 17 and 18 extracted above, which requires all participating players to be subjected to medical examination for determining the correct age and only those players who are suspected of being overage for the Sub- Junior Boys (Under-15) category will be subjected to the age determination test as per the AIFF approved Skeletal Maturity Determination Program Guidelines, at the AIFF affiliated Test Centre.
11. It is important to note, as acknowledged by the counsel for the Petitioner, that their team has duly participated in this year's Subroto Cup, but stands eliminated after losing the qualifying round for the quarter final match. Further, their protest/complaint under Paragraph no. 35 of the Prospectus has been responded to on 20th August, 2024, by the Chief Coordinator of the Subroto Cup stating that as per Paragraph 17 to 21 of the Prospectus, the medical board conducted the medicals of the players and shortlisted the overage players for the Age Determination Test. It has also been clarified that such findings of the medical examination are binding and no appeal lies against such determination.
12. Therefore, in light of the above, at this prima facie stage, it appears that the Petitioner's protest regarding players of the other teams being over age has been duly considered by the organisers of the competition and certain players have been shortlisted to undergo the said Age Determination test. Therefore, considering the fact that the Petitioner has duly participated in the tournament and their protest has also been considered, no ground is W.P.(C) 11615/2024 Page 4 of 5 This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 26/08/2024 at 20:59:01 made out for grant of interim relief for conducting the Age Determination Test, as prayed for by the Petitioner.
13. Accordingly, the request made in the application is declined and application stands disposed of.
W.P.(C) 11615/2024
14. Issue notice. Counsel mentioned in appearance above accept notice.
15. Counter affidavit, if any, be filed within four weeks from today. Rejoinder thereto, if any, be filed within four weeks thereafter.
16. Issue notice to the remaining Respondents, upon filing of process fee, returnable on the next date of hearing. On service, such Respondents shall file their counter affidavit within a period four weeks from the date of service.
17. Re-notify on 19th November, 2024.
SANJEEV NARULA, J AUGUST 22, 2024 d.negi W.P.(C) 11615/2024 Page 5 of 5 This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 26/08/2024 at 20:59:01