Rajasthan High Court - Jaipur
Rampal Sharma vs Raj Cricket Asso And Anr on 31 July, 2017
HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT
JAIPUR
S.B. Civil Writ Petition No. 6635 / 2017
Rampal Sharma
----Petitioner
Versus
Raj Cricket Asso And Anr
----Respondent
Reserved on : 21st July 2017 Pronounced on : 31st July 2017
_____________________________________________________ For Petitioner(s) : Mr. Prateek Kasliwal} Assisting Mr. Atishay Jain } the court Mr. Divesh Sharma } suo motu For Respondent(s) : Mr. N.M. Lodha, Advocate General, with Mr. Deepak Bishnoi Mr. Harish C. Kandpal,Astt.GC for Mr. G.S. Gill, AAG Mr. Sandeep Pathak, for Sports Council Dr. Abhinav Sharma with Mr. Anand Sharma Mr. Narain Singh, Secretary, Sports Council Mr. Ashutosh Kumar Mishra, Law Secretary Mr. Pramil Mathur, Special Secretary (Law) Mr. Ravi Sharma, Special Secretary Law (Legislative Draft) Mr. Vaibhav Galriya, JDC _____________________________________________________ HON'BLE MR. JUSTICE JAINENDRA KUMAR RANKA Order
1. This court, on 30.5.2017 in S.B. Civil Writ Petition No. 6635/2017 Rampal Sharma v. Rajasthan Cricket Association & Another (connected with 4 other similar petitions) observed that the main prayer was to get the elections conducted, therefore, the (2 of 22) [CW-6635/2017] writ petitions in the light of elections having been conducted, stands disposed of. It was also observed that in the light of orders dt 2.5.2017 and 30.5.2017 the other four writ petitions bearing nos. 6278/2017, 6048/2017, 6061/2017 and 6062/2017 became infructuous and accordingly were dismissed with liberty to the writ petitioners to take appropriate action, if any, occasion so arises.
2. Having noticed that sports and games other than Cricket, have been ignored and everywhere Cricket is being highlighted, the court after noticing from the learned counsels came to know that a Committee of Hon'ble Justice N.K. Jain was constituted for necessary amendments to the Rajasthan Sports Act, 2005, and it was also noticed that the same was pending consideration.
3. On 30.5.2017, however, notice was given to take into consideration the said Committee Report, to the Principal Secretary, Youth Affairs & Sports, Govt. of Rajasthan, Jaipur; Secretary, Rajasthan State Sports Council, Jaipur, and Registrar, Cooperative Societies, Rajasthan, with the direction to the officers that they may come out with their suggestions on consideration of recommendations / observations of Justice N.K. Jain Committee. In addition to that, it was directed that an additional copy of the order be sent to the learned Advocate General, who may appear and assist this court.
4. On 2.6.2017, Mr. J.C. Mohanty, Addl. Chief Secretary, Sports & Youth Affairs, along with Mr. Narayan Singh, Secretary, Rajasthan State Sports Council, and Mr. Ram Niwas, Registrar, (3 of 22) [CW-6635/2017] Cooperative Societies, Rajasthan, appeared and placed for perusal the Report of Hon'ble Mr. Justice N.K. Jain Committee and it was noticed that the said report was sent on 24.2.2017 and it was received in the offices of the Addl. Chief Secretary, State Sports Council on 28.2.2017, and the said committee report was perused by the court and taken on record.
5. The State Government was called upon to comment upon such report and also directed to implement the report at the earliest and before the next date i.e. on 6.7.2017. On the said (2.6.2017) day the court also felt that it would be appropriate to involve and to assist, the court by making Amicus Curiae, the eminent sports persons, namely Mr. Sriram Singh, Mr. Limbaram, Ms. Surbhi Mishra, Ms. Krishna Poonia, and Mr. Gopal Saini, who have excelled in the games and had represented India internationally, and accordingly direction was given that a copy of Justice N.K. Jain Committee Report be provided to all of them and the Registry was also directed to send copy of the said order passed on 2.6.2017 to the Amicus Curiae.
6. On 6.7.2017, the court expected that the "Justice Jain Committee Report" shall be implemented in toto by the State of Rajasthan, but Mr. Lodha, learned Advocate General, stated that few meetings have been conducted and one last meeting was scheduled to be held on 11.7.2017 and, therefore, prayer was made to give a date after 11.7.2017. The court expected that the State would come out with proper reply to implement or come out with an Ordinance or Amendment by the next date.
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7. Mr. J.C. Mohanty, Addl. Chief Secretary, stated in court that out of so many recommendations, 12 were such which were primarily acceptable to the Rajasthan Sports Council and the Co- operative Department, and were forwarded for consideration before the Law Department. The other factors noticed were also recorded.
8. On a suggestion made by one of the learned counsel who assisted the court, it was thought prudent to issue notice to the Secretary, Indian Olympic Association, who is also concerned with Sports activities in the entire country, to have their views and accordingly notice was directed to be forwarded to the Secretary, Indian Olympic Association, and the matter was posted for 14.7.2017.
9. On 14.7.2017, the court was made aware of the fact that the proceedings are taking place at fast speed and a meeting was also conducted under the Chairmanship of Hon'ble Minister for Sports, State of Rajasthan.
10. On a request of the learned Advocate General, the matter was again posted for 21.7.2017. In the meanwhile, few of the learned counsels, who wanted to assist the court, have also filed their inputs in the Registry bringing to the notce of court about Stadiums which are primarily meant for sports activities and the way how they are being maintained by the Sports Council / Jaipur Development Authority / Jodhpur Development Authority.
11. Sports and games play a vital role of over-all development of a child / person and almost all can claim to play (5 of 22) [CW-6635/2017] some games / sports while in school / college. Sports in India dates back to the Vaidic Era. Chess, Wrestling, Polo, Archery and Hockey are some of the games believed to have originated in India, but as noticed earlier, the situation has deteriorated over the years and only Cricket is being promoted by one and all possibly because of the money involved in the game of Cricket. India, by & large does not have much of a standing in most sports and games in International arena, though now things are shaping well but much more needs to be done.
12. Sports over the years has become a national priority and national pride, it promotes active lifestyle, child & youth development, social inclusiveness, employment opportunities, peace & development and sense of belongingness.
13. Globally, countries across the World have aggressively promoted the games and sports and far ahead than our Country. Countries have enacted laws or enunciated guidelines for the regulation of sports in National interest.
14. The Government of India came out with a National Sports Development Code of India, 2011, wherein it appears and noticeable that Govt attaches utmost importance to sports for development and sports for excellence and procedures are laid down in the promotion of sports and extent required, infrastructure, training and other facilities to the sportspersons for achieving excellence in the International events.
15. But as noticed earlier and brought to the notice by the various assisting counsel as also Amicus Curie as well as other (6 of 22) [CW-6635/2017] people who have sent their suggestions, it can be noticed that the situation has deteriorated over the years insofar as other sports and games are concerned, and only cricket is being promoted/highlighted by one and all, possibly because of the huge money involved in the game of cricket. Cricket may have its own recognition or popularity, but that does not mean that other sports or games suffer at the expense of cricket and even the statutory sports body/Government become a silent spectator. Noticeably, India by and large does not have much of standing in most of the sports and games but now in last couple of years in many of the games, players have excelled and are internationally renowned and inherent talent is coming out as noticed hereinbefore.
16. As observed earlier, sports need encouragement from parents, teachers, school, colleges and above all the Government of the day. Sports should be developed and pursued as a secured career option. People with genuine interest and credentials should be selected for Coaching as well as Administration purpose and accountability should be fixed which at present is negligible. It seems that nobody wants to invest money in Football, Hockey, Track & Fields and many other sports, as noticed hereinbefore.
17. Love for games and sports is increasing day by day and awareness has increased tremendously over the years and everyone expects with a vast country like India to excel in sports and games. The dismal performance in the Olympics is a sorry state of affair when other small countries are excelling in sports and are getting medals in abundance.
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18. As noticed hereinbefore, in my view, Cricket has killed and is hampering other sports in India though natural talent comes up specially from the rural background but on account of lack of infrastructure, such natural talent dies at that level itself. Catch Them Young, should be the slogan of bringing out natural and inherent talent in children.
19. With this backdrop, it may further be stated that this court had an occasion to see the detailed report with annexures of Hon'ble N.K. Jain's Committee, which took into consideration the judgment of Hon'ble Apex Court in the case of Board of Control For Cricket v. Cricket Association of Bihar & Others (2016) 8 SCC 535 and (2016) 10 SCC 231, who had adopted the report of the Committee headed by Former Chief Justice of India Hon'ble Mr. Justice R.M. Lodha, who suggested drastic changes in the functioning of BCCI, but some of the suggestions were such which could easily be implemented for other sports and games Associations. Needless to mention, the observations and directions given in the judgment in the case of Board of Control For Cricket v. Cricket Association of Bihar & Others (supra) is law of the land and is binding.
20. Having perused the report of Justice N.K. Jain Committee, it is noticed that as per directions of the Committee, Secretary to the Sports Council issued notice to various associations and a reminder and notices were given for personal hearing to the various Associations.
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21. Justice N.K. Jain in his report has mentioned that suggestions were taken of eminent sports persons and after devoting considerable amount of time the said report was prepared and forwarded to the Rajasthan State Sports Council. The Committee also opined that the Rajasthan Sports Act was made in the year 2005 and with the passage of time and over the years the Sports Act was required to be drastically amended taking into consideration the future needs in Sports. It appears that the Associations and the representatives assured that they will abide by the recommendation / suggestion / amendments made in the Sports Act, 2005.
22. It would be appropriate to give a few recommendations of Justice N.K. Jain Committee :-
"1. Rajasthan Cricket Association has to amend their Article of Association/Memo of Association as per direction of Hon'ble Supreme Court of India on Justice Lodha's Committee Report.
2. Rajasthan Cricket Association is also affiliated under the Rajasthan Sports Act as per Schedule-B, and as such, the Sports Act is also to be amended suitably so as to give betterment, uniformity and transparency to games and sports, governed by the Rajasthan Sports Act. (Act No.4 of 2005) without any discrimination.
3. Sports Council is to ensure the implementation of amendments/ changes required in the Sports Act and the State Government is to clear the necessary amendments at the earliest or to issue an Ordinance to do so.
4. That with the above changes and in the interest of players, different games and sports, Government should provide necessary infrastructures at District and State Level. It may not be possible to provide facilities for all games and sports in all districts, hence different districts may be identified for different games and sports accordingly in a phased manner.
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- Basic facilities like coaches, drinking water, toilets etc. near particular arena/field is needed in all stadium.
- As far as possible all State Association should be at one place at Stadium in future plan in a phase manner.
- Sports Council should keep a record of all the players/office bearers of all the different games and Sport Association Viz Primary Sports Body/Club, District Level Sports Association and State Sports Body and awardees up to date and to up date it from time to time.
- Sports Council should keep record of coaches and their action plans, targets and achievements.
- Sports Council should support players of the different games and sports recognized by Rajasthan Olympic Association and for others subject to approval of the authorities concerned as per rules.
- Sports Council is free to add any game/sports as per provisions of the Act.
- Sports Council is always free to remove any of the games, if not constituted with sufficient units/clubs and of players, or respective game is not recognized by Rajasthan Olympic Association Accordingly.
- The Rajasthan Government may make rules for preventions of wrong discloser of age, code of ethics for players and associations and to detect doping amongst players.
- Sports Council should constantly monitor/check, the Associations who are not following norms and not holding requisite tournaments in time and action should be taken against them, including suspending them or appointing an Administrator/ad-hoc committee to run them so as to reform games activities."
23. The Committee has already given existing, proposed changes and reasons for the change in the Sports Act, 2005, which even otherwise over the years was required to be suitably amended taking into consideration the ground realities in the last more than 12 years.
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24. The Amicus Curiae and other people have supported the amendments in the Act and have simultaneously given their inputs separately and which are given hereunder in brief:-
Mr. Gopal Saini has suggested -
(i) Continuity in training and planning of calendar is a must
(ii) Dietary supplements are required to be provided
(iii) Support of sports specialist doctors is needed
(iv) Advanced equipment taking into consideration the need of the present day functioning
(v) Engagement of top-level foreign coaches to persons who are extra ordinary brilliant and have come up to International standards
(vi) Improve skills and techniques of home-bred coaches
(vii) Curbing doping
(viii) Monitoring system to assess impact of training/coaching on athletes
(ix) There should be a concerted effort in focusing on improving performance in short, medium and long term goals as the Olympics are fast approaching in the year 2020
(x) Seek corporate participation in developing sports other than cricket.
(xi) Make it attractive for sports persons in games other than cricket to pursue their sport on a professional basis, financial security, insurance, healthcare etc. Mrs. Krishna Poonia -
(i) Person aged over 70 should not contest the Election of Federation & Associations
(ii) No third chance to an elected office bearer, namely President, Secretary and Treasurer and also to debar his/her spouse, son or daughter to contest elections
(iii) 50% of the posts should be reserved for the State Level Sports persons (State medalist) and 50% members should be sports person in the Associations
(iv) Maharana Pratap & Guru Vashist Awardee Sports persons should be permanent member of selection committee (11 of 22) [CW-6635/2017]
(v) Team selection for National Level should be in addition to others in the selection committee, two Arjun Awardee & Dhronacharya Awardee sports persons
(vi) Pension to Olympic, Common Wealth & Asian Games Medalists
(vii) Sports Associations should be brought under R.T.I.
(viii) Proper audit of Sports Associations by competent authority.
(ix) State meets of every sport should be held every year
(x) For National & State female team a female coach should be must Mr. Kuldeep Singh [father of Ms. Apurvi Singh Chandela] -
(i) Sports should be given a prime position in the list of Govt preferences
(ii) Sports Body / Federation / Board / Association should consist of 50% of those those who have represented our Country at the international level
(iii) 30% seats should be kept reserved in any sports body for Women sports persons and Para athletes.
(iv) Appointment of mental coach, yoga coach, and regular training camps should be held
(v) The sports media cell of the department should highlight the achievements of the sports and sports persons of the state.
(vi) Appreciation by the Govt in a suitable manner of a person who wins
(vii) Sports persons should be given due respect, specially to those who are physically challenge (Divyang)
(viii) Award, money, job or land declared by the Govt to be given in a time frame of one month Mr. Shree Ram Singh -
(i) Sports and games should be taken up at School level
(ii) Recognition to be given to Schools only if they are equipped with playground and other infrastructure relating to sports and games
(iii) Infrastructure should be created at the Block / Panchayat level, specially in rural areas where there is abundance of talent
(iv) Target should be set by the coaches
(v) Adequacy of coaches [Rajasthan has only 130 coaches whereas Haryana has 600-700 coaches] - Appointment of at-least 1000 new trainers / coaches well versed in their subject (12 of 22) [CW-6635/2017]
(vi) Provision of Sports medicines
(vii) Appointment of physiotherapists / doctors
(viii) In accordance with Justice Lodha Committee Report elections to be conducted in accordance with the said guidelines and term should not extend beyond two times
(ix) Though the Associations are getting funds but there is no accountability
(x) Creation of high altitude training centre at Mt.Abu for which land is already earmarked and lying unused
(xi) Increase in the over-all expenditure relating to sports and games and at-least 1% of the total budget
(xii) The office bearers are such who are neither players nor aware of the games and sports - One person should not be involved in more than one Association Other suggestions from assisting lawyers / people -
(i) Bodies are run by non-sports persons, by politicians and bureaucrats who have never played the sport and do not have knowledge or focussed on the sport and sports persons should be in the driving seat of a Sports Body
(ii) Lodha Committee Recommendations of debarring Govt Ministers/Serving Govt Officials from holding any post at District or State level
(iii) Office Bearers at District level must be at-least State Level players
(iv) Office Bearers at the State level federations must be National level players
(v) 1/3rd of posts at each District and State Level should be reserved for women sports persons and also give adequate representation to women sports persons
(vi) Ad Hoc committee is only a time gap arrangement and should not continue for long and the Ad Hoc Committee members should be ineligible for contesting subsequent elections. Ad Hoc committee should not have any role in creating or changing the composition of District or State Bodies
25. The suggestions made are indeed laudable and take into consideration the ground realities and would have far reaching consequences and shall improve the sports & games, and if implemented in a phased manner, a drastic change in over-all development of sports & games, is inevitable.
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26. Learned Advocate General and Mr. J.C. Mohanty, by & large have already expressed and have also in the additional affidavit placed on record, that majority of the recommendations by Justice N.K. Jain Committee are acceptable to the Government as well and can be implemented immediately. While for a few suggestions it is stated that they are also being considered but shall be considered in phase 2, therefore, there is no denial by the Government even to those other suggestions, which are still under consideration of the Government.
27. It is also a matter of record that huge litigation is said to be pending in various courts and if the recommendations are accepted in toto apart from the benefit of improving the games it will be helpful in reducing the court cases and litigation between Associations in future. As noticed earlier, the Committee has considered the ground realities and also has given good and beneficial reasons for the changes in the Rajasthan Sports Act, 2005, for example some qualification as a player has been provided so that the primary sports body which is constituted of members would have sports persons in particular. The approval / verification about the factual position has been made necessary of becoming a member of primary sports body which is to be recognised by Sports Council before sending to the Registrar for registration. Otherwise, in the existing Sports Act of 2005 any person even non playing or unknown about A B C D of the game becomes a member and forms a club / unit of that game. 2 - 3 promoters of such club / unit could exert pressure of that club / unit, so on and so forth on primary sports body.
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28. The existence of such club / unit / association only on papers cannot be ruled out. In my view, this cannot be a bad suggestion that District Sports Body should verify the where-about / experience of such player before sending a list of players to the Registrar for registration. As per the provisions of Rajasthan Sports Act, 2005, only primary sports body can conduct election of District Sports Association and now scope has been enlarged and only selected individuals can become members, and it has been provided that if a person had representation at school, college, university, District and State level tournaments as a player of a particular game can only become a member. The other suggestions is that a person cannot be an office bearer of two associations simultaneously, like it is noticed that at present one person is holding posts in many associations, thereby hampering the functioning of all associations, for one may not find adequate time in various associations and certainly a check has rightly been recommended in the said report.
29. As noticed hereinbefore, there should not be any difficulty in the State Government to bring an ordinance of the recommendations already acceptable to the concerned Departments. Meaning thereby that the State has no objection on those suggestions / recommendations pertaining to amendments, nor the counsels have pointed out any amendments and suggested changes can be carried out in the Rajasthan Sports Act, 2005, immediately.
30. Insofar as the other points are concerned (Phase II), the learned Advocate General and Mr. J.C. Mohanty submitted that (15 of 22) [CW-6635/2017] the report is under Government's active consideration, however, reiterated for more time to deliberate on some issues as discussed earlier so as to clear in the IInd phase, like appointment of Election Authority, Appellate Tribunal etc.
31. The suggestion of appointment of two retired officers, not below the rank of RHJS, one retired officer as Election Authority (independent Ombudsman for conducting elections) and Appellate Tribunal to hear against the order of Registrar and Election Authority. It can be appreciated that for appointment of two retired persons as suggested in the report, there is hardly any financial implication, which otherwise, for example, the work can be carried / entrusted to existing officer of equal rank to function as Election Officer / Appellate Tribunal. It can also be noticed that different works of different types are being merged in one Tribunal, hence the Appelalte work can also be allocated to any existing Tribunal / Authority which may be considered by the Government, according to the workload of such existing Tribunal.
32. The matters as observed hereinbefore about Election Authority / Appellate Tribunal, will also help to dispose of the respective disputes, if any, instead of keeping pending before Registrar, Co-operative Societies or/and Principal Secretary, Department of Youth Affairs & Sports, as the case may be, and it will also avoid delay in courts also and it will simultaneously reduce the workload / pressure upon the concerned officers as per existing provisions in the Act, who are overloaded with the work of their respective Departments and other Departments (who are holding charge of several other Departments).
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33. In my view, the domicile issue noticed by Justice N.K. Jain Committee seems to be in accordance with law and needs consideration of the Government for it will put check on such persons, as against in the Sports Act, 2005, existing today.
34. As stated in the report of Hon'ble Justice N.K. Jain Committee and the Amicus Curiae and other persons, it is revealed that the players only want the infrastructure, basic facilities, sufficient Coaches with their accountability for promotion of the sports, games and players. It is also that they are desirous that good players should not be discriminated in selection process.
35. On perusal of the report and suggestions of sports persons (supra), points pertaining to reforms and development have been mentioned while answering question no.4 in detail by the Committee, such as accountability of Coaches. Government can issues directions pertaining to Dope Tests, Age, Code of Ethics, Record of Coaches, and other points mentioned in report and suggestions given by the Amicus Curiae, including transfer of players in other associations, recognition of academy and now as agitated, the use of Stadiums can also be considered separately. The accounts of the Association are also required to be got audited by an independent body, namely State Accountant General.
36. No doubt, the jurisdiction is of the Government to enact any law as per requirement, and need of the day is that in the last 12 years love towards games and sports activities and awareness has increased tremendously, therefore, change is necessary and imminent.
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37. As far as point that National Games have not been organised by the Rajasthan Olympic Association / Indian Olympic Association in the State, it can be noticed that though the National Games started from the year 1924, almost 90 years back, but Rajasthan has no credit of even attempting to organise National Games while much smaller States like Assam, Manipur, Jharkhand have organised National Games and, in my view, by organising National Games it brings local talent to forefront and the endeavour of the State of Rajasthan should be to organise National Games in a short span of time preferably four years and should right from now start canvasing for organising National Games in the State of Rajasthan.
38. At this juncture it would be appropriate to observe that though notice was given to the Secretary, Indian Olympic Association to appear before the court, but for the reasons best known, it is noticed that despite Registry having forwarded notice, no one has chosen to file details or affidavit or to appear before the court on 14.7.2017 and even on 21.7.2017.
39. Having noticed, the judgment of the Apex Court in the case of Board of Control For Cricket v. Cricket Association of Bihar & Others (supra) and as suggested by Amicus Curiae and the report of Justice N.K. Jain Committee, in my view it would be appropriate to issue directions to the Indian Olympic Association to consider the report of Hon'ble Justice Lodha Committee accepted and approved by the Hon'ble Apex Court and to make necessary amendments within a period of three months so as to keep harmony, uniformity, transparency in Sports throughout (18 of 22) [CW-6635/2017] India, and drastic change would come up when Indian Olympic Association would also make necessary and suitable changes taking into consideration aforesaid judgment.
40. Having said so, when the court has gone into the detailed report along with annexures of the committee of Hon'ble Mr. Justice N.K. Jain, and as stated by learned Advocate General, and Addl. Chief Secretary, that majority of the recommendations or suggestions have been primarily accepted by the State of Rajasthan, Rajasthan Sports Council and Registrar, Co-operative Societies, and no objection has been pointed out. In other words they agree with the report.
41. Taking into consideration the aforesaid, I deem it proper to issue directions to consider the acceptable recommendations and directions to the State Government to clear the amendments in the Rajasthan Sports Act, 2005, immediately within 15 days either by ordinance or by way of an amendment.
42. As regards the other 2 -3 issues (Phase-II as per affidavit), as stated earlier, no further time is required and can be given as more than 45 days have already been granted, rather from the time of Report it is more than 5 months. However, as stated by the learned Advocate General, the same is being taken care of to be done in IInd Phase, and in the light of observations made in this order, such remaining amendments can be cleared in IInd Phase. Be that as it may, under these circumstances, the Government is directed to make amendments of the remaining recommendations in the Rajasthan Sports Act, 2005 (Act (19 of 22) [CW-6635/2017] No.4/2005), within one month from receipt of a copy of this order. Action report be sent to the Registry, within two months so as to avoid to perpetuate illegality as per provisions of the existing Act. Otherwise any Association or Amicus Curiae and others can take appropriate action in accordance with law. Let the Government also consider and implement the other suggestions reproduced hereinbefore given by Amicus Curiae and others in a phased manner, which can even otherwise be done by administrative orders or otherwise in accordance with law, including conduct of audits by State Accountant General immediately.
43. During the course of hearing, learned counsel and other people brought to the notice that sports Stadiums created for the purpose of sports and games, like Chitrakoot, Vidyadhar Nagar, Barkatullah Khan (Jodhpur) are not properly managed and some of them filed photographs along with CD depicting the condition of the Stadiums.
44. Mr. N.M. Lodha, learned Advocate General, has filed counter, wherein also certain photographs have been filed as also by Commissioner, JDA, and a further affidavit has been filed by Dr. Abhinav Sharma on 28.7.2017.
45. There can be no two opinions that sports Stadiums have to be maintained in an appropriate and proper manner and it should be the endeavour of Government of Rajasthan, Rajasthan Sports Council, Jaipur Development Authority, Jodhpur Development Authority and wherever sports Stadiums are situated, to maintain for which the Stadiums are created and (20 of 22) [CW-6635/2017] proper infrastructure and cleanliness is required to be maintained of all the Stadiums and should primarily and exclusively be used for the purpose of sports and games and only in remotest of the cases, should be permitted to be given for diverse purposes.
46. In view of the reply of the learned Advocate General as well as the additional affidavit filed by the Commissioner Jaipur Development Authority, assuring that the Stadiums will be maintained properly and efficiently, no more direction is needed to be recorded. However, needless to mention that the Stadiums should be open for all sports loving people without any discrimination based on colour, caste or creed. PARA SPORTS
47. Equally important is the fact that PARA Sports have developed in the recent past and the sportspersons, who can be said to be Divyang or Differently Able Persons have performed on their own exceedingly well even in the International arena, and have brought laurels not only to the State but the Country as a whole. Suggestions have been received from different corners that such PARA sportspersons are not being recognised despite they winning Gold Medals at the World Meets or International level. To name a few -
Mr. Devendra Jhajharia, an Arjun Awardee and Padam Shree, who won 2 Gold medals in para-olympics with world record, and the sole Athlete of India who brought two Gold medals; Mr. Sundar Singh Gurjar, who recently, just two weeks back, got Gold medal in World Championship;
Mr. Jagseer Singh, another Arjun Awardee;
Mr. Mahesh Nehra, Maharana Pratap Awardee.
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48. These are all sportspersons with despite being differently abled/Divyang have brought laurels to the Country, but it is reported that there is no assistance at all to such sportspersons. Even it is reported that such sportspersons are not treated well by Sports Council or they have no say.
49. It is brought to the notice that there is huge discrimination while the Govt of Rajasthan has announced direct recruitment for the sportspersons, international and national medal winner will get A and B Class service, but the Para players, who are also internationally famed, will get only Ministerial Services.
50. Therefore, direction is given to consider such "Divyang" players also at par with the other sportspersons and infrastructure should be developed for them as well.
51. Therefore, following measures could be taken up by the Government immediately :-
1. The Para Sports Association should also be registered under the Sports Act.
2. Government of Rajasthan should provide financial support to such players who have inherent talent and have brought laurels or can bring laurels not only to the State but the Country as well, by providing proper facilities.
3. 50% of the office bearers in the Para associations should be "Divyang" or para-sportspersons.
4. At-least 30% seats should be reserved for the Para players in the hostels run by the State Sports Council, for majority of them come from middle income class families.
5. The Government should provide all administrative and financial support to the Para Sports Association of Rajasthan (PSAR) in holding District/State/National tournaments.
6. Let an office be provided by the Sports Council to PSAR in the SMS Stadium, so that sportspersons, who (22 of 22) [CW-6635/2017] are differently abled/Dibyang, could visit the office for their day-to-day needs.
7. Para sports athletes and sportspersons should be provided ample space for their training and regular games by the Rajasthan Sports Council.
52. The court appreciates the assistance provided by learned Advocate General, Amicus Curiae, the Officials, Advocates and others, who attended from time to time in giving their valuable suggestions and inputs in deciding the petition.
53. Let copy of this order be forwarded to the following :-
(i) The Chief Secretary, Government of Rajathan;
(ii) Addl.Chief Secretary,Sports & Youth Affairs;Govt.of Raj.
(iii) Secretary, Rajasthan State Sports Council;
(iv) Secretary, Co-operative Societies, Govt. of Rajasthan;
(v) Secretary, Indian Olympic Association, New Delhi;
(vi) Commissioner, Jaipur Development Authority;
(vii) Commissioner, Jodhpur Development Authority; and
(viii) Amicus Curiae, namely Mr. Gopal Saini, Mr. Sriram Singh, Mr. Limbaram, Ms. Surbhi Mishra, Ms. Krishna Poonia and Mr. Kuldeep Singh.
54. With the aforesaid directions the petition stands disposed of.
(JAINENDRA KUMAR RANKA),J db 51