Delhi High Court - Orders
Mohammed Moinuddin Ahmed vs Bhola Nath Singh Secretary General, ... on 1 March, 2024
$~73
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CONT.CAS(C) 353/2024
MOHAMMED MOINUDDIN AHMED ..... Petitioner
Through: Mr. Akshay Mann, Mr. P. Santosh
Kumar, Ms. Shireesh Tyagi, Ms.
Pranali Tayade & Mr. Sravan Kumar,
Advs.
versus
BHOLA NATH SINGH SECRETARY GENERAL, HOCKEY
INDIA ..... Respondent
Through: Ms. Shyel Trehan & Mr. Rohan
Poddar, Advs.
M: 7044065747
CORAM:
HON'BLE MS. JUSTICE MINI PUSHKARNA
ORDER
% 01.03.2024
1. The present petition has been filed by the petitioner who is a former National Hockey Player, alleging willful disobedience of the order dated 24th July, 2023 passed in W.P.(C) No. 2237/2023.
2. Learned counsel appearing for the petitioner submits that the specific undertaking given to the Court as recorded in the order dated 24th July, 2023 has been disobeyed. It is submitted that the respondent has willfully disobeyed the undertaking as given in the said order, as no Observers from Hockey India were sent to any of the tournaments for selection of the Andhra Pradesh State Team in the respective categories.
3. It is the contention of the petitioner that fair, open and transparent selections for the Andhra Pradesh State Team in the respective categories 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 05/03/2024 at 21:23:38 are not taking place for more than a decade. The selections for the Andhra Pradesh State Team are unfair and are not based on merit and performance.
4. Learned counsel for the petitioner submits that the petitioner has raised these allegations on the selection of the players, as unfit persons are being selected who are the relatives of the office bearers, who are selected despite having not participated in any of the District or State Tournaments. He has further raised allegations of bribery in the selection of players.
5. Per contra, learned counsel appearing for the respondent submits that the Hockey India had not specifically undertaken to send any Observer for the selection of the Andhra Pradesh State Team. However, she submits that the grievances of the petitioner were put before the Grievance Redressal Committee, which in its Minutes of the Meeting, categorically stated as follows:
"xxx xxx xxx
4. HI does not in the ordinary course interfere with district level elections and as such has no role to play. However, to ensure probity and for the sake of propriety, HI sends its observer during the elections of the State Unit. This is as per the Constitution of HI. However, during the recent State elections, HI was unable to send an observer due to COVID-19. However, HI, in its letter dated 18.08.2020 had made it clear that HAP should comply with its constitution and bye-laws, HI election bye-laws and NSDC. HI had also directed that the elections were to be conducted by a retired District Judge I Magistrate and the results were to be communicated under his/her signature as Returning Officer to HI. However, as a matter of good governance and ensure compliance with all bye-laws, NSDC and the constitution of HI, the Committee recommends that an observer must be sent in the normal course.
xxx xxx xxx"
6. She submits that the Minutes of the Meeting were required to be put 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 05/03/2024 at 21:23:38 before the Executive Committee of the Hockey India, which due to oversight, could not be done. She undertakes that she will take instructions in this regard.
7. She further submits that the present grievance has been raised at an individual level and not by the State Hockey Association.
8. The matter needs consideration.
9. Issue notice. Notice is accepted by learned counsel appearing for the respondent.
10. This Court is of the considered view that the present petition is not adversarial in nature and that the serious issues which have been highlighted by the petitioner with respect to the selection at the State Level not being fair, has to be looked into by the Hockey India, in the national interest.
11. Further, this Court is of the view that Hockey India ought to formulate a policy to assess and ensure that the selections at State Levels are made in a fair and transparent manner, as it is from the players at the State Level that National Level selection is made by Hockey India, who ultimately represents the country at International level.
12. Therefore, without going into the fact that it is not the State Hockey Association that has raised the issue, the Hockey India ought to assess all the issues raised by the petitioner for ensuring that talented and good players are selected at the State Level, who ultimately would be selected by the Hockey India at the National Level.
13. In view thereof, the petitioner is directed to file a list of players, which, according to the petitioner, are talented players who have been overlooked in the selection at the State Level. Let the needful be done by the petitioner within a period of two weeks.
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 05/03/2024 at 21:23:38
14. Upon receipt of the aforesaid list from the petitioner, the respondent is directed to look into the claims of the petitioner as to whether the players, which have been identified by the petitioner, are actually talented players and deserve a place in the State Team.
15. Further, the respondent is also directed to consider whether a mechanism can be developed for the purposes of dealing with complaints at All India Level in this regard. The respondent may examine whether a system can be put into place so as to consider and deal with the complaints of individual players, who are talented and who may have been left out in State Level selections. The respondent may also consider the aspect of developing a process so as to ensure that selections at the State Level, not only in the State of Andhra Pradesh, but all over the country, are done in a transparent manner, so that no talented players are left out.
16. Let an affidavit highlighting all the aforesaid issues be filed by the respondent within a period of four weeks, after receipt of the list of players from the petitioner.
17. Re-notify on 22nd April, 2024.
MINI PUSHKARNA, J MARCH 1, 2024/kr 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 05/03/2024 at 21:23:38