Delhi High Court - Orders
Chirag Khandal vs Equestrian Federation Of India & Ors on 6 December, 2022
$~18.
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 16490/2022 & C.M. No. 51808/2022 (interim direction)
CHIRAG KHANDAL ..... Petitioner
Through: Mr. Nikhil Singhvi, Mr. Mohit Seth,
Mr. Bilal Ikram and Mr. Shikhar
Kishore, Advocates.
versus
EQUESTRIAN FEDERATION
OF INDIA & ORS. ..... Respondents
Through: Mr. Kirtiman Singh and Mr. Prateek
Dhanda, Advocates for respondent
Nos. 1 to 3.
Mr. Vinayak Bhandari and Mr. Bhav
Ninder Singh, Advocates for
respondent No. 4.
CORAM:
HON'BLE MR. JUSTICE GAURANG KANTH
ORDER
% 06.12.2022 The hearing has been conducted through hybrid mode (physical and virtual hearing).
1. The petitioner, who is stated to be a 19 year old athlete representing India in Equestrian sports, has preferred the present writ petition challenging the impugned notices dated 10.08.2022 with selection criteria (V-4) and 17.08.2022 with selection criteria (V-5) published by respondent No. 1 for the selection trials being conducted pursuant thereto for the purposes of selection in the Indian equestrian team for the 19th Asian Games at Signature Not Verified Digitally Signed By:RITU DHIRANIA Signing Date:09.12.2022 16:13:35 Hangzhou.
2. Learned counsel for the petitioner contends that respondent No. 1 is governed by its Statutes (previously known as Memorandum, Rules and Regulations) (hereinafter referred to as "EFI Statutes"). As per the EFI Statutes, the General Assembly is the supreme authority and controlling body of respondent No. 1. It is the duty of the General Assembly to elect Executive Committee/ Selection Committee. The management of business of respondent No. 1 is vested with the Executive Committee. The Executive Committee of respondent No. 1 consists of 12 members including the President, 4 Vice-Presidents, Secretary General, Joint Secretary, Treasurer and 4 Executive Committee members. As per Article 13(4), the quorum of Executive Committee Meeting shall be 7 members. Further in accordance with Article 15 of the EFI Statutes, EFI is responsible to create the Selection Committee which, in turn, select all individuals/ teams to represent India in the Asian Games. As per Article 15(1) of the EFI Statutes, the Selection Committee was chosen for a period of 4 years and is on co-terminus with the conclusion of Asian Games. The Selection Committee consists of President of the National Federation as the Chairman, National Coach (if appointed) and 5 members elected by the General Assembly.
3. It was further clarified in the EFI Statutes that members, who have won medals in National Equestrian Championship/ eminent sports person or Arjuna awardees, are only eligible to be selected as Selection Committee members. It is duty of the Selection Committee to select the Indian teams/ Chef D‟equipe/ Coaches/ Managers for all disciplines to represent India in International Events including Asian/ Olympics/ International/ Regional/ Friendly Games.
Signature Not Verified Digitally Signed By:RITU DHIRANIA Signing Date:09.12.2022 16:13:354. It is the contention of learned counsel for the petitioner that respondent No. 1 validly conducted selections under selection criteria (V-3) in May, 2022 and the results were published by respondent No. 1 for participation in the Asian Games, which were scheduled to be held in September, 2022. The petitioner was the best performer in the said selection process which took place in terms of the selection criteria (V-3) in the category of „Eventing‟ which is one of the three categories falling under the Equestrian Sports. The petitioner had spent substantial financial resources in ensuring participation in the said selection process which took place from 01.09.2021 till 15.05.2022, over a period of nine and a half months. The Asian Games was postponed to 2023. In the meantime, certain issues arose in the functioning of respondent No. 1, wherein respondent No. 2 (Secretary General of EFI) removed the entire Executive committee except respondent No. 3/ VP, (Finance) and respondent No. 4/ Member Executive. Therefore, respondent Nos. 2, 3 & 4 retained control of respondent No. 1. Further, it is submitted that respondent Nos. 2 & 3 maliciously and in blatant violation of the National Sports Development Code, 2011 removed the entire Selection Committee of EFI. Hence, as of today, there is no Executive Committee or Selection Committee in existence.
5. Learned counsel for the petitioner submits that in blatant violation of the EFI Statutes, respondent No. 1 is now conducting fresh selections despite the fact that there is no infirmity with the previous selection process.
6. Learned counsel for the petitioner draws attention of this Court to Article 16 of the EFI Statutes. As per the same, it is the responsibility of the Selection Committee to decide the selection criteria. As per Article 15(3.2), "Selection Criteria will be prepared and forwarded to Executive Committee Signature Not Verified Digitally Signed By:RITU DHIRANIA Signing Date:09.12.2022 16:13:35 for approval. Thereafter it will be promulgated to all members of EFI, upload on its website and will be strictly adhered to. For any reason (s) in case the same is required to be amended, can be done by this Committee based on the suggestion of Executive Committee and such changes will be recorded. The decision taken by Executive Committee is final and binding". Hence, in the absence of Selection Committee/ Executive Committee, no selection criteria can be followed.
7. It is further contended by learned counsel for the petitioner that respondent No. 1 issued revised selection criteria on 10.08.2022 in blatant violation of the EFI Statutes and in pursuance of which the fresh selection process was undertaken by respondent No. 1 and trials for the same have started from 15.08.2022. The petitioner could not participate in the selection process as his horse was in France. According to the petitioner, the time period given for preparation was highly inadequate and contrary to the National Sports Development Code, 2011.
8. Learned counsel for the petitioner further submits that the petitioner has spent many years in training for a chance to represent the nation in the Asian Games. The petitioner has already spent more than two crores for training in the said sports without any financial help from respondent No. 1. Hence, this unilateral decision of respondent No. 1 affects petitioner financially as well as mentally.
9. Learned counsel for the petitioner further submits that new selection trials have also ousted many potential athletes from competing in the trials, which have been held in arbitrary and hasty fashion without providing sufficient time to prepare or participating in the various events scheduled abroad. The timeline maintained for the said selection was extremely Signature Not Verified Digitally Signed By:RITU DHIRANIA Signing Date:09.12.2022 16:13:35 detrimental to the events abroad, especially in Europe, since almost no events were scheduled from November, 2022 to January, 2023 in the winter season thereby making it almost impossible for the petitioner and similarly placed sportsperson to undergo the new selection trials.
10. Issue notice. Mr. Kirtiman Singh, Advocate accepts notice on behalf of respondent No. 1 to 3; Mr. Vinayak Bhandari, Advocate accepts notice on behalf of respondent No. 4. Counter-affidavit(s) be filed within one week. Rejoinder(s) thereto, if any, be filed before the next date of hearing.
11. List on 22.12.2022.
GAURANG KANTH, J DECEMBER 06, 2022 kd Signature Not Verified Digitally Signed By:RITU DHIRANIA Signing Date:09.12.2022 16:13:35