38. Even this Court in the case reported as ILR 2009 (IV) Delhi 280,
M/s. Narinder Batra Vs. Union of India, on an issue, whether the writ of
mandamus can be issued to enforce non-statutory guidelines, has, while
referring to the judgments relied upon by the learned Senior Counsel for
the respondent No. 4, has held as under:
Such a reading militates against the very object
of bringing fresh talent from diverse fields and hence the need to put a cap of five terms on
a particular nominee of the petitioner‟s Society to be on the Governing Body of the College.
Though an exception has been carved out in the impugned resolution itself for two
nominees of the petitioner‟s Society. Such a provision in the impugned resolution
supplements Ordinance XVIII and does not contravene the same. He would state that this
Court in the case of Narinder Batra v. Union of India (supra) considered the validity of an
W.P.(C) 494/2013 and connected matters Page 36 of 57
administrative guidelines and in para 239 has held that, "by the guidelines the Government
has not prohibited formation of an association, society or federation with regard to any
sport. It has only mandated that in order to be entitled to financial assistance or
recognition as a national level body by the Union Government, it would require to be a
society or an association or federation which enforces democracy by fixing the tenure of the
office bearers....". In para 241 of the said judgment, the Cout also noted that, "..if such a
tenure clause was not enforced, the office bearers could be repeatedly elected form the
particular region and continue to dominate the affairs of the association/federation after
having created a monopoly over the sport.". In para 242 of the said judgment, it has been
held that, "..a limited office tenure, certainly would have the impact of minimizing, if not
eliminating allegations, criticism and elements of nepotism, favouritism and bias of any
kind. In a country having a federal structure of the nature that India possesses, the office
bearers being in circulation and there being change in the representation on the executive
of a national level body would go a long way in promoting the diversity and expertise in the
sport". He would state, that the same ethos shall be applicable in the constitution and
composition of Governing Body of a College.
(vii) That the NSCI binds, and cannot tolerate deviation at the
hands of any NSF, stands conclusively held by the judgements
of this Court in Indian Olympic Association (supra), Rahul
Mehra-I (supra) and Rahul Mehra-II (supra), as well as, on
principle, Narinder Batra (supra). Non-compliance with the
stipulations in the NSCI would, ipso facto, disentitle to the
concerned NSF from any right to recognition, as well as from
the facilities made available, by the Government, to NSFs,
financial and otherwise.
15. TTFI, is recognised by the Union of India as a National Sports
Federation ("NSF") for the promotion and development of the sport
discipline of Table Tennis. The NSF is fully responsible for the overall
management, direction, control, regulation, and sponsorship of Table
Tennis. The NSF, including TTFI, is responsible for the selection of
athletes, for participation in major international and national events, to
present the Country, and carry its flag, on the global platform. The
Supreme Court in Narinder Batra v. Union of India,3 took note of the
benefits which are conferred upon an NSF in the following words:
12. Broadly speaking, the proposition that a writ cannot lie against a private
society cannot be disputed in light of several judgments and decisions,
including previous orders passed by this Court. Nevertheless, since
Petitioner has argued to the contrary by placing reliance on two judgments,
those need to be briefly noted and discussed. Firstly, reliance was placed on
the case of M/s Narinder Batra v. Union of India,1 which pertained to the
Indian Hockey Federation. Although the said Federation is also a private
society registered under the Act, yet, a writ was entertained for the reason,
that the Indian Hockey Federation controls the game of hockey in the
country at all levels, its members are the State Hockey Associations and the
boards of Government departments such as railways and services controlling
the game in their services all over the country. It has been recognised as a
national sports federation, akin to the control of the BCCI over cricket
players. This distinguishing factor, which is evident from a reading of
paragraph 47 of the said judgment, renders the said judgment inapplicable.