Full order sports THE HONOURABLE MR.JUSTICE R. MAHADEVAN   W.P. No. 16953 of 2021 Sameeha Barvin D/o. Mujith—-Therefore, by taking note of the above, as a special case, this Court as an interim measure, directs the petitioner to report before the third respondent tomorrow (14.08.2021) or day-after-tomorrow (15.08.2021) and on her appearance, the third respondent shall declare the petitioner as selected and permit her to participate in the Fourth World Deaf Athletics Championship which is scheduled to be conducted at Lublin, Poland from 23.08.2021 to 28.08.2021 under the Women Category. Post the writ petition for passing further orders on 18.08.2021.

IN THE HIGH COURT OF JUDICATURE AT MADRAS

 

DATED : 13.08.2021

 

CORAM

 

THE HONOURABLE MR.JUSTICE R. MAHADEVAN

 

W.P. No. 16953 of 2021

 

  1. Sameeha Barvin

D/o. Mujith

C/o. Mohammed Ghowe

No.36, Eagavalli Amman Koil Street

Thandurai, Pattabiraman

Chennai – 600 072                                                                      ..  Petitioner

 

Versus

 

  1. The Joint Secretary

Ministry of Youth and Sports

Department of Sports

Government of India

Shastri Bhavan, New Delhi 110 001

 

  1. The Director General

Sports Authority of India

Government of India

Jawaharlal Nehru Stadium Complex

(East Gate), Lodhi Road

New Delhi – 110 003

 

  1. The Chairman

All India Sports Council of the Deaf

No.1-B, Institutional Area

Near Janata Flats, Sarita Vihar

New Delhi – 110 076

 

 

 

  1. The Secretary

Department of Welfare of Differently Abled Persons

Government of Tamil Nadu

Secretariat, Chennai – 600 009

 

  1. The Principal Secretary

Sports Development Authority of Tamil Nadu

Government of Tamil Nadu

Jawaharlal Nehru Stadium

Periyamet, Chennai – 600 003                                               .. Respondents

Writ Petition filed under Section 226 of Constitution of India praying for issuance of Writ of  Mandamus directing the third respondent to include the petitioner’s name in the final selection list and send her to participate in the Fourth World Deaf Athletics Championship, which is scheduled to be conducted at Lublin, Poland from 23.08.2021 to 28.08.2021.

 

For Petitioner         :              Mr. R. Prabhakaran

 

For Respondents    :             Ms. N.K. Nithika Vani

Central Government Standing Counsel for RR1 to 3

 

Mr. Stalin Abhimanyu

Government Advocate for RR4 and 5

 

ORDER

The petitioner has come forward with this writ petition praying to issue a Writ of  Mandamus directing the third respondent to include her name in the final selection list and send her to participate in the Fourth World Deaf Athletics Championship, which is scheduled to be conducted at Lublin, Poland from 23.08.2021 to 28.08.2021.

  1.       The petitioner is a disabled person with loss of hearing in the region of 90% and she has also lost her speech ability at the age of 6.  Though the petitioner suffers such disability, she had the ability to excel herself in the sports events.  According to the petitioner, she participated in the long jump and high jump in National and State levels and she has several first to her credit.  She had so far won 13 medals viz., 11 gold, 1 silver and 1 bronze in National and State Level competitions and the aim of the petitioner is to participate in the World Deaf Athletics Championship held every year.
  2. It is stated by the petitioner that she participated in the National selection test conducted at New Delhi on 22nd July 2021 by the third respondent.  Among the 12 participants, she excelled herself in jumping a distance of 5.5 meters in the long jump, thus, she had surpassed the eligible parameter of 4.25 meters as a condition precedent for getting selected.  However, to the dismay of the petitioner, she was not selected to participate in the World Deaf Athletics Championship.  The petitioner came to know that out of the 12 candidates viz., 10 male and 2 female candidates, in the female category, she secured the first in the selection list.  When the petitioner sought the reason for her non-selection, it was disclosed that the selection authorities are not inclined to send a lone female member to the event and therefore, they have preferred the male members for the event.  This according to the petitioner, would amount to gender discrimination, besides her achievement in jumping 5.5 meters over and above the required 4.25 meters have been ignored.   It is in those circumstances, the petitioner has come forward with this writ petition seeking the indulgence of this Court.
  3. The learned counsel for the petitioner submits that the petitioner’s merit and ability have been grossly discarded by the respondents without any justification or reason.  The learned counsel also invited the attention of this Court to the communication dated 28.07.2021 of the third respondent in which the ability and performance of the petitioner was never undermined or questioned, however, the third respondent expressed their inability to select the petitioner purely on technical reasons. The communication dated 28.07.2021 reads as follows:-

“Finally, the selection trial was conducted at Jawaharlal Nehru Stadium on 22nd of July 2021 and on the basis of the performance, Merit list of the probable was complied.  The SAI even before the selection trial has accorded sanction to select best five only even though applied for ten athletics by AISCD to participate in the said championship due to the present condition of Pandemic prevailing everywhere. As per the merit list ranking, Ms. Sameera Barwan was standing on 8th place. And as we are unable to break the instructions of SAI for five persons only, we were unable to include the remaining athletes from 6th rank to 10th.  We hope that Sameera will perform well for future chances. And AISCO always select the team on merit only in each competition.

Since we are unable to question the authority of SAI on decision making, same we are unable to favour the outside pressures as other two more qualified than Ms. Sameera Barwan are there.

We are submitting this report before SAI as per the order of the Team Manager along with all relevant documents for information and SAI may please explain it to the concerned.”

  1. By pointing out the aforesaid communication dated 28.07.2021 of the third respondent, the learned counsel for the petitioner would contend that all the five selectees are men and in the women category, the petitioner, who stands first, has been grossly ignored.  There is no reason assigned by the third respondent for not selecting a single female candidate and it amounts to gender discrimination. In matters of this nature, gender discrimination should not play spoil sports and therefore, he would contend that the non-selection of the petitioner requires to be interfered with by this Court.  The learned counsel also brought to the notice of this Court a recent order passed by the Honourable Supreme Court in Naresh Kumar Sharma v. Paralympic Committee of India and others on 02.08.2021 in SLP (C) Diary No. 17467 of 2021. The order passed by the Honourable Supreme Court can usefully be referred hereunder:-

“This matter has been urgently placed before this Bench in terms of order passed by the Bench presided over by Hon’ble the Chief Justice of India, today.

When the matter was taken up at 2.00 pm, we had asked the advocate-on-record for the petitioner to immediately contact and inform the advocate who had appeared for the respondents in the High Court, that the matter will be taken up today at the end of the Board. The matter was accordingly taken up after some time at the end of the Board.

Mr. Vikas Singh, learned counsel appearing for the petitioner states that his colleague Mr. Satyam Rajput, Advocate had personally contacted the President of the Respondent No.1 – Paralympic Committee of India (for short ‘committee’) and apprised about the proceedings, including that it would be taken up for hearing by Court immediately. Despite that intimation, no appearance has been made on behalf of the Respondent No.1-committee.

Mr. K.M. Nataraj, learned Additional Solicitor General appears for the respondent No.3 – Ministry of Youth Affairs and Sports.  He submits that the Government will abide by the directions, as may be passed by this Court but it is for the Committee to recommend the names of the participants.

Mr. Vikas Singh, learned Senior counsel points out that today is the last day for sending the names of the participants.

In view of the urgency and, more particularly, in light of the observations made in paragraph 14 and 15 of order dated 27.07.2021 passed by the learned single Judge of the Delhi High Court at New Delhi in Writ Petition (C) No. 6825 of 2021, prima facie, the petitioner ought to have been succeeded before the High Court and appropriate directions should have been issued to respondent No.1- committee.

For the time being, we direct the respondent No.1-committee to recommend the name of petitioner (Naresh Kumar Sharma) as additional participant/additional entry for Men’s 50m Rifle Position SH1, at the 2020 Tokyo Paralympics without any exception and report compliance in that behalf by tomorrow, i.e., 03.08.2021.

 

Rest of the issues and directions as may be necessary can be considered tomorrow, i.e., 03.08.2021.

Advance copy of the petition be served on the respondents, including the Standing counsel for the concerned respondents.  List this matter tomorrow i.e, 03.08.2021 before appropriate bench.

Copy of this order be forwarded to the President, Paralympic Committee of India, through email for information and necessary action forthwith.”

  1.       This Court has carefully considered the submissions of the learned counsel for the petitioner and the learned standing counsel taking notice for the respective respondents.  Having regard to the extreme urgency expressed by the learned counsel for the petitioner inasmuch as the names of the selectees will be finalised by the respondents either today or tomorrow, this Court is inclined to take up this writ petition today.
  2. Admittedly, the petitioner had surpassed the required parameters laid down for selection in jumping a distance of 5.5 meters even though, for selection, an athlete is required only to jump at least 4.25 meters.  This potentiality of the petitioner, in the opinion of this Court, has to be tapped.  Even going by the past records of the petitioner, she had won 11 gold medals, 1 silver and 1 bronze in the various State and National events. This achievement of the petitioner cannot be simply brushed aside.  Admittedly, out of the five selectees, none of the female athlete was selected. In the female category, it was the petitioner who stood first and therefore, in all fairness, the petitioner ought to have been selected by the respondents so that she could bring laurels to the Country by participating in the 4th World Deaf Athletics Championship.
  3. Therefore, by taking note of the above, as a special case, this Court as an interim measure, directs the petitioner to report before the third respondent tomorrow (14.08.2021) or day-after-tomorrow (15.08.2021) and on her appearance, the third respondent shall declare the petitioner as selected and permit her to participate in the Fourth World Deaf Athletics Championship which is scheduled to be conducted at Lublin, Poland from 23.08.2021 to 28.08.2021 under the Women Category.
  4. Post the writ petition for passing further orders on 18.08.2021.

 

13-08-2021

rsh

Note :          Counsel for the respondents 1 to 3 shall communicate this order to                  the third respondent forthwith.

 

 

 

  1. MAHADEVAN, J

 

rsh

 

 

 

 

 

 

 

 

 

 

 

WP No. 16953 of 2021

 

13-08-2021

You may also like...