AI Structured Summary
Not yet generated for this judgment
Judgment
R. Subbiah, J.—1. This writ petition has been filed by the petitioner praying for issuance of a writ of mandamus directing the respondents to allow the petitioner to participate in the under 54 kg category in Taekwondo in the 12th SAF Games 2016 (South Asian Federation) to be held from 13.02.2016 at Shillong on the basis of the already concluded selection made by the respondents.
In the affidavit filed in support of the writ petition, it has been averred by the petitioner as follows:-
"2-1. The petitioner is a Taekwondo Champion, having acquired Black Belt, 1st DAN, right from his school days. He completed B.E., Aeronautical Engineering in Vinayaka Mission University, Salem. He has participated and won medals at National Level Taekwondo Championships and in the Association of Indian Universities Championships. The petitioner has participated in the National Senior Taekwondo Championships in the years 2013, 2014 & 2015 and won Silver Medal in 2014 Games in under 54 kg category. The 2nd respondent, in association with the 4th respondent, had announced the conduct of Selection trials from 19th to 21st November 2015 at Sports Authority of India, Aurangabad, Maharashtra. The eligibility for the same was winning of Gold, Silver & Bronze Medals in the 32nd & 33rd National Senior Taekwondo Championships in 2013 & 2014; and holder of Kukiwon Black Belt Dan Certificate & ID. The Selection Trails was to be followed by National Coaching Camp from 22.11.2015 to 31.12.2015.
2-2. According to the petitioner, by virtue of his participation and winning the Silver Medal, he became eligible to get training in Selection Trails and then for National Coaching Camp, which was for the SAF Games (starting from 13.02.2016) & Rio Olympics (5 - 21 August 2016), which are most prestigious events for every athlete. The petitioner attended the Selection trails from 19th to 21st November 2015 and was selected under 54/58 kg category. On the basis of the said selection, the petitioner was sent for Advance Training in the National Coaching Camp from 22.11.2015 to 31.12.2015 and have been selected for further training.
2-3. While so, the 2nd respondent vide their letter No. SAI/TD/NCC/Selection/TKD/2015-2016, dated 13.01.2016, had stated that Asian Games participants can also take part in the Selection Trail on 17.01.2016 along with the already selected 19 Men & 17 Women by paying Rs. 5,000/- as Challenge Fee. The said letter further stated that the fresh athletes would attend the ongoing camp from 18.01.2016 to 31.01.2016 and that fresh selection would be held for -46 kg Women, -53 kg women, -63 kg men, -75 kg men, -87 kg men & +87 kg men. Thus, fresh selection for -54 kg men was not included in the said letter. It is the grievance of the petitioner that in the selection held on 17.01.2016, the petitioner has been left out wantonly so as to accommodate another player, who is getting training under one of the selectors. Hence, the petitioner has come forward with the present writ petition before this Court."
The 2nd respondent has filed a counter affidavit contending that the National Coaching Camp, which was held from 22.11.2015 to 31.11.2015, was conducted for four weight categories for the Rio Olympics. No camp or selection was conducted for the 54 kg category, in which the petitioner had earlier participated and won medals. The petitioner was selected only for the 58 kg category. It is further stated by the 2nd respondent that the aspirants were informed that the selection for the 54 kg category would be held on 17.01.2016. It was only due to inadvertence that the letter dated 13.01.2016 did not have any mention about the 54 kg category selection and it was not because the petitioner was already selected in that category. The petitioner is attempting to exploit an inadvertent error to portray as if he has been selected on merits. On 17.01.2016, trials/selection for the 54 kg category could not be conducted as only one candidate was present and there was no opponent with whom the lone candidate could be pitted against to test their skills in Taekwondo. Any candidate selected for a meet would have to fight an opponent and it would have been impossible to test the skill a candidate when there was no opponent. Hence, no selection could be conducted for the 54 kg category. The fact remains that under a letter dated 22.01.2016, it was communicated that the selection for 54 kg category would be conducted at Shillong on 26.01.2016. The petitioner himself, who was present in Shillong on 26.01.2016, refused to participate in the selection citing an untenable reason that he had already been selected. There were three other candidates present on 26.01.2016 and selections have been conducted for them. It is further stated that in view of the orders passed by this Court on 25.01.2016, the results of the selection have been withheld. No selection was held on 17.01.2016 for 54 kg category as claimed by the petitioner. The petitioner should have participated in the selection for the 54 kg category which was held on 26.01.2016. Since the petitioner had not participated in the selection for the 54 kg category that was held on 26.01.2016, particularly when he was present at the venue in Shillong, he is not eligible to participate in the 54 kg category in Taekwondo in the 12th SAF Games. Thus, the 2nd respondent sought for dismissal of the petition.
The learned counsel for the petitioner submitted that in the selection held on 17.01.2016, the petitioner has been left out wantonly so as to accommodate another player, who is getting training under one of the selectors. The petitioner is eligible to participate in the under -54 kg category in Taekwondo in the 12th SAF (South Asian Federation) Games 2016 to be held from 13.02.2016 at Shilong, since he was already selected. However, his name has been left out. Thus, the learned counsel for the petitioner sought for a suitable directions to the respondents.
The learned Central Government Counsel appearing for the respondents vehemently opposed to entertain the present writ petition, stating that since the petitioner had not participated in the selection which was conducted on 26.01.2016, he is not eligible to participate in the 54 kg category in TAEKWONDO in the 12th SAF GAMES.
Heard both sides and perused the materials available on record.
From the factual aspects of the case, I find that the selection for participating in Taekwondo under 54 kg category in the 12th South Asian Federation Games 2016 was held on 26.01.2016. It is admitted by the petitioner himself that he was present at the selection venue on 26.01.2016, while selection was conducted; but, he refused to participate in the selection conducted on 26.01.2016, claiming himself that he had already been selected. Since the petitioner himself has not participated in the selection held on 26.01.2016, he cannot seek the indulgence of this Court for a direction to the respondents. Under such circumstances, I do not find any merit in the writ petition. The writ petition is liable to be dismissed.
In fine, the writ petition fails and the same is dismissed. Consequently, connected Miscellaneous Petition is closed. No costs.