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16.In addition, the horse-rider combinations which achieved the MER were less than the requisite number of core Probables required for the further selection. For Eventing, only 4 combinations achieved the required MER and for Dressage/Show Jumping, none of the combinations achieved the required MER.

17.The Committee of Experts of EFI, vide Minutes of Meeting dated 20.02.2023, amended the Selection Criteria V-5 keeping in mind the two factors i.e., (i) absence of the horse-rider combination of the core Probables who participated in the preliminary selection process; and

31.Submitting on behalf of Mr. Shashank, learned counsel stated that the Petitioner is an 18 years old equestrian aspiring to represent the R.P. 54/2023 IN W.P.(C) 16490/2022, W.P.(C)1070/2023 NEUTRAL CITATION NO: 2023:DHC:2254 country in the 19th Asian Games in the event „Eventing‟. It is the case of the Petitioner that he had been granted a Visa from 22.07.2022 to 19.10.2022, however, the same was insufficient for the Petitioner to cover the requisite 4 (four) International CCI2* long events, on account of which the Petitioner could only participate in 1(one) CCI2*L (long-format game) held at Borova, Czech Republic on 08.09.2022 where he finished at 5th place. Since the Petitioner was unable to participate in other international trials across Europe, he was compelled to withdraw his entries from the rest of three trials due to the above-mentioned Visa restrictions and came back to India for undertaking trials with another horse. He participated in the selection trials in India as per the selection criteria V-5, however, he could not achieve the requisite MER. It is clarified by the counsel that the averment made by the EFI that the Petitioner, Mr. Shashank, cannot now be given any further opportunity to participate in the coaching camp since he failed to qualify under Selection criteria V-4 and V-5 and was unable to obtain a single MER is factually incorrect. It is submitted that the Petitioner has participated in just 1st trial where he was not able to qualify. However, he was not allowed to stay back in Europe for the 4th trial due to his Visa duration. Since at the time of trial, the requirement of 3 MER out of 4 trials was in vogue, the Petitioner would not have been able to meet the requirement even if he would have qualified 2nd and 3rd trial. It is only now that is at a belated stage that the Federation has relaxed the requirement of MER to just 1 MER for qualifying as a Probable. As now, the Petitioner is still left R.P. 54/2023 IN W.P.(C) 16490/2022, W.P.(C)1070/2023 NEUTRAL CITATION NO: 2023:DHC:2254 with 3 trials to participate, therefore he has high probability of meeting this requirement. Hence, he has prayed for an opportunity from Federation to participate in upcoming CCI2* Long event in Europe and to consider it as trial for the Asian Games.

39.Counsel has vehemently opposed the contention of Mr. Chirag that under the changed circumstances he may be selected as a Probable on the basis of his MERs achieved during trials in V-3. In response, Mr. Singh has stated that the MER is valid only for a period of 1 year prior R.P. 54/2023 IN W.P.(C) 16490/2022, W.P.(C)1070/2023 NEUTRAL CITATION NO: 2023:DHC:2254 to the last date of filing nominated entries as per Clause 518 of the Eventing Rules dated 01.01.2022, which have been issued by the FEI. He states that in the present case, Mr. Chirag‟s last MERs were published on 06.05.2022 on website of FEI, and the final list of players in Indian Equestrian Team will be send to the Organising Committee of Asian Games between July and August, 2023. Therefore, as per the rules of FEI, he cannot be allowed to be in Probables.

64.Another major amendment made by the CoE of EFI was that they reduced the MER. As per the Selection Criteria V-5, the Horse-Rider combinations have to participate in 4 trials and the best 3 performances will be considered for the preparation of MER. By way of amendment, the candidate who achieved 1 MER is also eligible to be considered. Hence, if a candidate participates in one event and he gets 1 MER, he will be treated as an eligible candidate. If this condition was known to equestrians, they would have managed to participate in at least one selection trial held in India. Since participating in the 4 selection trials was a mandatory condition, many equestrians must have withdrawn from the selection process due to non availability of the number of selection trials. If the said fact would R.P. 54/2023 IN W.P.(C) 16490/2022, W.P.(C)1070/2023 NEUTRAL CITATION NO: 2023:DHC:2254 have been within their knowledge, they may have participated in the selection trials. Hence, this is also a fundamental change in the selection process which goes to the root of the matter.