✦ High Court of India · 09 Apr 2025

Mr. Rajesh Yadav, Sr. Advocate along with Mr. Kunal Narwal and Ms. Jyoti Nambiar v. UNION OF INDIA & ORS

Case Details High Court of India · 09 Apr 2025
Court
High Court of India
Decided
09 Apr 2025
Length
1,263 words

Through: Mr. Rajesh Yadav, Sr. Advocate along with Mr. Kunal Narwal and Ms. Jyoti Nambiar, Advocates. versus UNION OF INDIA & ORS. .....Respondents Through: Mr. Sushil Kumar Pandey, SCP alongwith Mr. Yash Tyagi, GP, Mr. Vaibhav Soni and Ms. Neha Yadav, Advocates for R1. Mr. Parth Goswami and Mr. Akshay Kumar, Advs. for R2. CORAM: HON'BLE MR. JUSTICE SACHIN DATTA O R D E R 09.04.2025 % This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 15/04/2025 at 16:01:22

1. The present petitions have been filed by the petitioners being aggrieved by the action of the respondent no.2/Boxing Federation of India (BFI) seeking to disqualify the petitioners from the selection trials conducted from 30.03.2025 to 03.04.2025 (hereinafter ‘the selection trials’) in connection with the Asian Championship scheduled to be held in Jordan on 17.04.2025. The same has been ostensibly done on the basis that there was some discrepancy in the date of birth of the petitioners as revealed from their “Aadhaar Card history”. 2. It is submitted that the petitioners are young boxers with various accolades and trophies in their names. The petitioner in W.P.(C) 4283/2025 was selected to participate in the semi final round of the selection trials under the ‘Sub Junior Boys Under 15’ category and the petitioner in W.P.(C) 4317/2025 was selected to participate in the semi final round of the selection trials in the ‘Junior Girls Under 17’ category. It is submitted that the petitioners have previously been selected and have participated in various boxing matches in their respective age groups, conducted under the aegis of the Boxing Federation of India (BFI / respondent no.2) or the Sports Authority of India (SAI / respondent no.3). 3. It is submitted that even for the purpose of the aforesaid trials in connection with the Asian Championship that were scheduled to be conducted from 30.03.2025 to 03.04.2025, the petitioners were permitted to participate. It is submitted that it is only when the petitioners had participated in the said trials and advanced to the semi-final round, that the respondent nos. 2 & 3 sought to disqualify the petitioners on the ground of alleged discrepancy in the documents as regards their age. This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 15/04/2025 at 16:01:22

4. It is submitted by the learned senior counsel for the petitioners that the actions of the respondent no.2 are clearly tainted with mala fides. It is emphasised that had there been any doubt as to whether the petitioners fall within the relevant age bracket or not, objections to this effect would have been raised at the very outset, and the petitioners would not have been permitted to participate in the selection trials at all. 5. It was only at a belated stage that the petitioners were suddenly sought to be ousted on specious grounds. 6. It is submitted that the age of the petitioners is borne out not only from their Aadhaar Card but also from other identification documents such as PAN Card, Birth Certificate, Passport and the certificate issued by their school (Pandit Mohan Lal Sanatan Dharma Public School). It is further submitted that the petitioners have participated in several other tournaments conducted for the relevant age bracket, on the basis of the same documents. No objection in this regard was ever raised by the respondent no.2/BFI on any of the previous occasions. 7. It is also submitted that as contemplated in the judgment dated

27.01.2025 of this Court in Deepak Jain & Ors v. Basketball Federation of India & Ors. [in W.P.(C) 4648/2024 and connected matter], the petitioners in the present petitions have undergone the relevant medical test for establishing their age as prescribed in the National Code Against Age Fraud in Sport (NCAAFS), issued by the Ministry of Youth Affairs and Sports. The results of the said test have been placed on record, which do not dispel the assertion that the petitioners are in the relevant age bracket for which they competed in the selection trials for the Asian This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 15/04/2025 at 16:01:22 Championship. 8. In the above circumstances, there appears to be prima facie merit in the contentions raised by the petitioners. However, a final view in the matter is required to be taken by the BFI, after examining all the relevant documents. 9. It is emphasised by the learned counsel for the BFI that the requisite action was taken against the petitioners based on discrepancies as revealed upon perusal of the ‘Aadhaar Card History’ and on account of the fact that the petitioners obtained their respective birth certificates from the concerned Municipal Authorities only in the year 2022. It is submitted that this is incongruous. 10. It does appear, that apart from obtaining the petitioners’ ‘Aadhaar Card History’, adequate opportunity was not given to the petitioners to give versions/explanation as regards the alleged discrepancy regarding their date of birth. 11. In the circumstances, the present petitions are disposed of with the directions to BFI / respondent no.2 to consider the pleas of the petitioners as raised in the present petitions. The documents submitted by the petitioners in support of their assertion that they are of the requisite age, shall be duly considered by the respondent no.2. Let an opportunity of hearing be granted to the petitioners by the Executive Director of the respondent no.2 and a reasoned order be passed, taking into account all relevant aspects of the matter. 12. If concerns regarding the petitioners’ age stand allayed upon completion of the aforesaid exercise, let requisite steps be taken for This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 15/04/2025 at 16:01:22 arranging supplementary selection trial/s for the purpose of petitioners’ participation in the Asian Championship to be held in Jordan on 17.04.2025. 13. Let the aforesaid exercise be conducted expeditiously and in any event, prior to departure of the Indian contingent for participation in the Asian Championship. In case the petitioners are aggrieved with the outcome thereof, they are at liberty to avail appropriate remedies as may be available under law. 14. The present petitions are disposed of in the above terms. 15. Dasti. APRIL 9, 2025/at SACHIN DATTA, J This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 15/04/2025 at 16:01:22

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