Roshan Damodar Shetty v. Union Of India Through Secretary
2021-10-18
N.J.JAMADAR, S.S.SHINDE
body2021
DigiLaw.ai
JUDGMENT 1. The petitioners, who are the parents of the swimmers, who were initially selected to participate in the 37th Sub-Junior and 47th Junior National Aquatic Championship, 2021 from 19th to 23rd October 2021, organized by Karnataka Swimming Association under the auspices of Swimming Federation of India, the respondent No.2, have invoked the writ jurisdiction being aggrieved by the Select List of the candidates published by respondent No.2 (Exhibit E to the petition), wherein the names of Ms.Sanaya Shetty and Master Viivaan Thakur, do not find mention. 2. The petitioners have approached the Court with a case that in the trials held for participation in the said Championship, Ms.Sanaya Shetty and Master Viivaan Thakur duly participated and were selected to represent the State. A communication was addressed by respondent No.3-Swimming Association of Maharashtra, on 1st October 2021, confirming the selection of Ms.Sanaya Shetty and Master Viivaan Thakur to participate in the National Aquatic Championship. On 14th October 2021, the respondent No.2-Swimming Federation of India published the Select List of the swimmers qualified to participate in the said Championship. Ms.Sanaya is at Sr No.2 in 100 Mtrs Breast Stroke and Master Viihaan is at Sr. No.2 in the 50 Mtr. Free-Style. Since only one candidate is shown to have been selected/qualified, in the respective events, Ms.Sanaya Shetty and Master Viivaan Thakur are deprived of the legitimate right to participate in the National Championship, despite having been selected by the respondent No.3-Swimming Association of Maharashtra. 3. Mr. Walia, the learned counsel for the petitioners, would urge that there is an issue of the justness of the process followed to select the swimmers to participate in the National Championship in as much as the candidates had participated in the swimming pools of different length. Nonetheless, in view of the Addendum to the Circular, dated 15th August 2021 and 17th August 2021, issued by the respondent No.2, on 15th October 2021, all State Units and Boards are now permitted to enter two swimmers per event for each event and, therefore, at this stage, Ms.Sanaya and Master Viivaan are eligible to represent the State in the National Championship, from the respective category. 4. Mr.
4. Mr. Khandekar, the learned counsel for respondent No.2-Swimming Federation of India invited the attention of the Court to the genesis of the controversy, which arose on account of the dispute inter-se between Swimming Association of Maharashtra-respondent No.3 and Maharashtra State Amateur Aquatic Association-respondent No.4. In the context of the controversy over the affiliation of respondent No.4-Maharashtra State Amateur Aquatic Association, the latter fled a writ petition being 5892 of 2021. 5. In the said writ petition, on 27th September 2021, in Interim Application No. 2502 of 2021, after hearing all the contesting parties, a Division Bench of this Court (Coram : Ujjal Bhuyan and Madhav Jamdar, JJ.), inter-alia passed the following order : "2. After hearing the matter at some length we direct as an interim measure that the applicant Maharashtra State Amateur Aquatic Association, shall submit a list of participants for the Glenmark 37th Sub-Junior, 47th Junior National Aquatic Championships 2021 and 74th Senior National Aquatic Championships 2021 to Respondent No.5 within seven days from today whereafter Respondent No.5 shall allow them to participate in those competitions subject to eligibility." 6. The learned counsel for respondent No.2 submits that in conformity with the aforesaid directions of the Division Bench, the respondent No.2 has prepared the Select List, after ascertaining the eligibility and performance in the selection trials. The respondent No.2 has carried out the exercise in a fair, transperent and reasonable manner. Now, in view of the exigency of the situation, which arose on account of Covid-19 Pandemic, by the Addendum, dated 15th October 2021, the respondent No.2 has permitted all State Units and Boards to send two swimmers for each event in the respective category. 7. Relevant part of the Addendum dated 15th October 2021 reads as under : "All state units and boards as a special exception for 2021 edition of the National Championships are hereby permitted to enter 2 swimmers per event for each event in respective groups and category, irrespective of having achieved either of the qualification time. Swimmers who have achieved either of the qualifcation time will be given precedence over swimmers who have not achieved a qualification time in the state selection trial or any other recognized trial/state level championship.
Swimmers who have achieved either of the qualifcation time will be given precedence over swimmers who have not achieved a qualification time in the state selection trial or any other recognized trial/state level championship. Only swimmers who have participated in the event for which they are entered at state trials/championship and whose names appear in the results submitted by the states to SFI will be eligible to be entered. This addendum supersedes the relevant section of the earlier circulars dated 15th and 17th August 2021." 8. Mr. Khandekar, the learned counsel for respondent No.2, on instructions, submits that all the swimmers who have been placed at Sr. No.2 in each of the category, in the list, (Exh. E Page Nos. 78 to 104 of the petition) are eligible to participate in the National Championship and they will be allowed to participate, in view of the policy incorporated in the aforesaid addendum, dated 15th October 2021. 9. In view of the aforesaid statement, which is based on the revised policy, incorporated in the addendum, dated 15th October 2021, the grievance of the petitioners stands redressed. 10. We also record the statement of Mr.Khandekar, the learned counsel for respondent No.2, that the candidates at Sr. No.2 in each of the categories in the Select List (Exhibit E) will be allowed to participate in the National Aquatic Championship. This may take care of the possible grievances of the swimmers who are not before this Court. 11. We clarify that we have neither entered into the disputed questions of facts nor the larger controversy revolving around the dispute between respondent Nos. 3 and 4. 12. With the aforesaid observations, the petition stands disposed of. 13. All concerned to act on the copy of the order digitally signed by the Private Secretary of this Court.