The High Court · 2025

Order

Petitioner is a cricketer and is aged about 17 years. He approached this Court to declare imposition of ban for two years, effective from 14 llll2024 to 13llll2026 from participating in BCCI or State Association Tournaments as illegal and unconstitutional and violative of fundamcntal rights under Article 14 and 21 of the Constitution of India. A consequential direction is sought to respondents to ailow petitioner to participate in the forthcoming tournaments to be held by Respondents 2 and 3 Associations.

2. It is the case of Petitioner that he is a rising star in cricke t and played several tournaments with exceptional skills. Whilc so, with an evil eye on his performance, one third party submitted a. fake birth certificate showing the date of birth

25.O3.2006 to the 3'd respondent, based on which, the latter on

11.12.2024 sent e mail imposing ban on petitioner without valid reasons. According b petitioner, he born on 25.1O.2OO7 and .. cvidencing the same, he hled Transfer Certificate, bona fide certificates, community and date of birth certihcate obtained from Mee ser.rrl ccntre, etcetera. It is stated, basei on the fake birlh certificir Le. the 4th respondent submitted the letter dated .i

27.O9.2024 ro the Sth respondent to enquire into the discrepancv oI birth ccrtihcates ol certain U-19 men players selccted for IICCI Registrations lor Vinod Manka<l Trophy. The 5tl, respondt,nt without issuing any notice t,l pctitjoner submitted linr lings to the 3rd respondent, which imposed ban for two years. '['he contention of petitioner is that wrthout issuing anv lormal n()rtcc or conducting a fair inquiry and in violation of principles of niltur.rl justice, respondents imposr:d ban and there is no ()l)portuni[r' given to him to present his dcfence. According to l)elilioner, imposing ban is a unilare ral decision ancl violates lris righ[s and undermines the very essence of fairncss and t rzrrrsparency in administrative actions. In thc e mail dated 14.17.2024 rr<ldressed to pe[itioncr by tlre Sccretary of the 3.d respondent - Al;sociation, it is informed tl'ar cnquiry was initiated by the 3.a respondent - with the 5m r, spondent to verify the documentatiorl submitted by Peti[ioner uith the 3.d respondent and based orr the findings of the said invr:s(igation, the 3.d respondent submitted report to ) \ J BCCI for appropriate action as per their guidelines, which consequently, imposed ban on petitioner for submitting fake document effective from 04.1 1.2024 ttll

03.11.2026 in all tournaments and after completion of ban period, petitioner would be eligible to participate in senior men,s tournaments. lt is submitted that the last minute ban imposed on petitioner not only lacks legal basis but also disturbs his focus and commitment to the sport, and an unnecessary obstacle was forwarded in the name of "verification,, by the 3rd respondent which is made with a motive to sideline promising players who have diligently adhered to the Association,s established requirements. The enquiry that IS initiated by the 3.,t respondent - Association on 2Z .O9.2024 into the alleged discrepancy of petitioner,s Birth Certihcate along with certain other U 19 men's players registered for Vinoo Mankad Trophy. The 3,a respondent had imputed petitioner that he was not cooperating in disclosing his Aadhar History claiming that such disclosure is a mandatory requirement for participation in the tournaments conducted by BCCI and State Associations. In fact, there is no such mandatory requirement for sharing Aadhar OTP vcrihcation password with that of Respondent No.3,s I I Association f6rr rcgrstration of a player and for participation of plaver in thc lorlrnaments conducted by Respondents 2 and 3 more so, u,hel thcrt' are sLatutory documents ihat are reflecting the details of ,latr: oI birth ol Petitioner. Fl,'spon<ling to the requisition giverL by the 4th respondent, tl,(' 511' rcspondent caused an enquiry irnd submited report dated t.11.\ 1.20'21 to the 4th respondent. 'I'he relevant portion is extr; rclccl hcreunder: "

A(lrty.r Jirvvaji, S/o,Iavvaji Venkata Raman R./o GHMC No. 2 17 7 13, Plot \(). 80, Dharmapuri Colony, Uppal : Durinl3 the enquiry, the Birth Cer 1ifir-:itcs $lth CHMC and School R\recordr the tsirth Ccrtillcate r rcl lit:g 59(> dt. 30.12.2O7 (,ith DOB . 25 1O.2OO7. Later, the candidate's m, crnal grandfather obtained another birth cer-tificate vide Rcg.No. 1206 rlirlccl 26.12.2008 t'rth DOB 25.03.200€, without his father's knot tlgc lor Lhc purposc of cnrolment of Aadtrar card b1' provrding erroncous p.rrticulars. Further, it is revealed th.rt the DOB is 25.03.2006 d rin11 initial registratron. The DOB got :hanged to 25. lO.2007 orro2 07 12016. I{is fathcr informed that, due to a family issue his fattr.r-in larr, made the 2,d birth certificate to register for Aadhar card. r is pcrtincnt to mention here that in 2O08, t\adhar card was not existir-g anrl it came into existence in 2011 only. Hence, his claim of date i lrrrth 25 1O 2OO7 is fake." T "lc contents of the report mentioneil supra are inconclusive a rrd n() definite opinion and decision ce.n be drawn and acting u r )or) the same, Respondents 2 and 3 imposed impugned barr n,trich is per se illegal and would def,rlrt the rights ) 'a- 5 of petitioner. Furthermore, petitioner had repeatedly sought for sharing of the repor[ of the Sft respondent, but there is complete silence on the part of Respondents 2 and.,] and no explanation of whatsoever nature is given by both the Respondents 2 and 3 for not doing so. In the report dated 27 .O9.2O24, it is noted that petitioner is not cooperating, is without any substance and the report of the Commissioner is totally silent as to when, where and how petitioner was contacted by police and asked for necessary inlormation and there was a non-cooperative approach by petitioner. Furthermore, no documents supporting the said contention is placed. Under these circumstances, it is surprising to see hou, the Commissioner of police, Hyderabad came to a conclusion that birth certificate of petitioner is fake. The communication of imposing ban on 1l .12.2024 by the 3'd respondent - Association through his Secretary, at- 08:17 pm, demonstrates the hyper-activeness of the 3rd respondent in putting petitioner under pressure. There is apparent lack of transparency and failure on the part of Respondents 2 and 3 and the said acts on their part are arbitrary and u nfair. I I 6 The 3'l respondent filed a separate counter 3. opposing the Writ Petition contending that it is or-rJy when the 5d, respondent. vide his report dated 04.II-2024 intimated that the maternal grandfather o[ petitioner obtained :l ate of birth ' certificate uide registration No.12O6, dated 26-12'2OOB, witlr. date of birth a s 25.11.2006, this respondent had (rome to know the same. Tht: alleged fake certihcate of petitioner was in fact registered by his own maternal grandfather way hack in 2008' The DOB certillcate as presented by petitioner was registered on a later date i.c O2.O7.2016, based on the enquiry report, the 2'd respondent in-rposed thc punishment as petitioner himself misrepresenterl his date of birth for claiming place in the team under 19 Mcn's players. As per the guidelines of the 2"d respondent, it was expected from each and every candidate who is making an :rpplication to provide correct and apt information' It is the petitioner, u,ho had chosen to play mischief by providing a modihed DOB than his original DOB which amounts to frauduient practice to hide the actual DOB and gain place in Under 19- players, as such petitioner is liable to be punished for his fraudu lent act. It is clarified that this resporrdent acts at th) behest and directiot'r of the 2"d respondent and cannot take ) 7 independent decisions rnore particularly ln selection of candidates. It is hnally stated that petitioner is provided with the dispute resolution mechanism by appoinling a retired Chief Justice as the Ombudsman for attending the grievances of the stake holders of the Association including petitioner, in view of the same, petitioner is barred from approaching this Court. 4. Heard Sri Bala Murali y, learned counsel for petitioner, Sri C. Damodar Reddy, learned Senior Counsel on behalf of BCCI, Sri Ashok Anand Kumar, learned Senior counsel representing Sri N. Gangadhar, rearned Standing Counsel for HCA.

5. Similar to the other Writ petitions No. 33997 of 2024 and 34349 of 2023, the genesis of /zs is the requisition of the 4ft respondent given to the sth respondent uide letter dated 27 .O9 .2024 and the report of the Stt respondent dated 07.1O.2O23. For adjudicarion of this iis, it is necessary to consider the rules and rcgulations of the 3.d respondent. The relevant rules and regulations are extracted hereunder: "1. (A) DEFINITION c. "APEX COUNCIL" is the principal body of the HCA tasked with its governance as set out in Rule 14. e. "HCA" means "The Hvderabad Circket Association, in Telangana Regd under the A.p.(TA) public Societies negist.attln ali,-tgiO n""fi (Act 1of I I 8 I35O Fasljl bearing Registration No'207/ 196l "CEO^ is the Chief Executive Oin."i .f ,f'. HCAlppointed by the Apex Council as scl ')ut in Rule 23' w-'PLAYE-R'is any Cricketer past or present registert:d with HCA or any of pl.1'., and silall tnclude any person selected in any squad ii" la.-u", t u" rest Match, oDI tour match' 1'we,ntv/20 or Junior ;;;;;;;;;; ior.i.rr.,,t Match or any Match conductcd bi I{cA / BCCI in Telangana, India or Al)road." "CHAPII,R IV GOVERNANCE 'Hcn'i,,-" ^ i I I I

14. THE A I'EX COUNCIL l.ThereshallbeanApexCouncilforttreHCAwrichshallbeprimarily respousible for the governance of the affairs of lhe HCA Z. fn,i apex Council shall comprise of 9 Councilkrrs of whom S shalt be the elected Ofllce tsearers as per Rule 6 and the lemaining 4 shall be: A. One to be elected by the Full Members of the HCA from among their rePresentatives; b. Two, ott,r male and one lemale, to be nominatcd by ttrc Players Association from amolrgst those o{ its members n'ho hail from Telan'3ana; c. One to l,e nominated by the Comptroller and Auditor General of Telangana from amor-rg the serving scnior functronaries of t:rt: C&AG'S office' co- terminus ,,vith the nominee's tenure; "15. POW],]RS AND FUNCTIONS OF THE APEX COUN(]IL 1Tltt:affairsoftheHCnshallbegovernedbytheApexCouncilandits friirrrework of governance shall; iv. Ensurc a distribution and balance of authoritY so thrlt no single individuat has unfel :ercd Po$'ers

2. The Apex Council shall have all the powers oi'he General Body and ar.rthority and discretion to do all acts and thirrgs except such acts as b', these rules are expressly directed or required to be done by the Gr:neral Body. Exerciie o[ such powers, authorities and discretion shall be subject to the control and regulation 'rf the General Body No rcgulation sirall retrospectively invatidate any a'lt o[ the Apex Council rl hich was otherwise valid.

3. The ,\pex Council shall exercise superintendenc': over the CEO' the Cricket Committees, and the Standing Committees in the discharge of their Jrii." g.,r"."tty, and in particutar, in accordance with any general or special JirectlJn of thl General Body, except for the Gover.rrng Council of the TIL u,hich is ,:tirectly accountable to the General Body' 4. In addition to and lvithout prejudice to the generality of powers conferred directly or by necessary implication Jrlder these Rules and ) .! 9 regulations and the Memorandum of Association, the Apex Council shall exercise the powers and perform the duties here after mentioned: D. To institute_ or dcfend any action or proceedings for or against the HCA or against any Office-Bearer or employee of tn. UCAI- N- To lrame, in consultation with the CEO, rules for the appointment of Managers, Secretaries, Administrative Ofhcers, pe5ns and other service personnel.and staff and for payment to them and other persons in return for their serwices rendered to the [ICA, salaries, wages, iratuities, pensions, honorariums, compensations, any ex-gratia pry-.it an"d/or provldent fund and to regulate disciptine by suspending, ir.i.,g, ..*ori.rg, or dismissing such employees- Q. To either on its orvn, of through its detegate, entertain, hear, and decide administrahve appeals by imployees -or other directly afiected parties against the orders of the CEO or the Cricket Committees as the case may be_ 16. HCA JURISDICTION OVER PLAYERS, MATCH OFFTCIALS & TEAM OFFICIALS OF MEMBERS The HCA shall have concurrent jurisdiction and control over players, Match Officials and Team Officials within the jurisdiction of a Membei individuals participating in cricket undei the aegrs of a Member S.uch shall be deemed ipso facto to submit to the jurisdictio, oith. HCe. 17. CONDUCT OF PLAYERS - The Apex Council shall have the power to enquire into the conduct of arry Player within its jurisdiction and may take such disciplinary action against the Player as rhe Apex council may deem fit, whicrl decision shalr be final.

18. ENQUIRY INTO CONDUCT OF PLAYERS. MATCH OFFICIALS, ADMINISTRATORS, ETC. I:-r1..."91t of the HCA enquiring into the conduct of a player, Match Oflicial, Administrator, etc., the HCA shalt proceed in the manner prescribed in Rule 41. " "CHAPTER-V MANAGEMENT

23. THE CEO 1 2 The day{o-day management of the affairs of the HCA shall vest in a full time CEO to be appointed by the Apex Council, who shail be a management professional \,vith management experience of at least s years as the CEO/MD of a company with a turnover of at least Rs- '100 crores The CEO shall be assisted by not more than 6 full_time professionals (Managers) who shall be appointed by the Apex Council in consultation with the CEO essentia[y to govern the streams of finance, technical, infrastructure, Iaw, media, and human resources- 10 The CEo ma\ ho$'|ever realign or re allot thesc streams ai he deems The eligibilirr crtleria, for_lhe L.,-iiial br the Apex ' ouncil keeprng lEo and Managers shall be lrrid dorvn r," r. -"" i.g g,uidet.nes; l'i,iJ'*un'..,.u"i o, 6ih", a. Kno$ edge and lamrlrarrty y'' ')-:--]:'-; i.^,r ai -ection of rhe "pon ", il.i' , -iitaing of financial position and fiscal dt'et l. HCA: .. lll"rtagt of operations of cricket administratron a. blar,'y on role' division of responsibilit ies and'hrcrrrchv' and rsponsibil"i'i's as uell as e. Fam' iarirv wirh **';'t;;;;Jl"gal and overall oolic ,: attendant risks There shal' b( an appropnate induclion Proccss laid'<lonn b\ the which sh rll includc a Aoex Coun' il for rhe Ctso al; thl;;;;drs' process of appointment' ;[ ,;i;;;,,tn'renr 3 4

24. IHE FUNCTIONS OFTHE CEO '-ioverning --ricketing *ttttl'i;" 2. to issue guidelines.'" t::!':: allowances etc" to bP paid lo plarers' suprr officials particip;;g";";;;"s' TheCEoshallhavethefollowingfunctionsonbel-ralfofthe HC \: 1 'lo implement atl the Rules and Regulations' made bY th€ Roay anJ itt" npt' Council as rogard to non- in respect .[ travel' ac.ommodation' Ii"i,^1" """",r.., staff and other than international . frtl"""; and manase immovable q:p:ijr, or the HCA $'iherever s'tuail f;rder to promote thi objects of the o F:1", down parameters for th€':].11,*^^tt grounds ror pi^vi,.e.ntr*:":lti:,:iru::"'.:*::,'"Tl,i'J':*'111 other convenrences dr'-: i"i:";:- ,i^ ,.",",. whrch shall s' io appoint Team officials for the tea'rn:i managers' tornp'-tt"otlLv itttt'at qualitied Y:l:l *G"l'*+' lu;.iS:ml'""'i;.^i'il".l'a"".f, :1Y::"t lrv the cricket :?11"""3ii""i':",,'"' "t'"u Advisory ctt-;;;;t"f"tied the togistics 6 To secure PI#t:: ;ii;;; travel' to manager *n l]"*"- for malches rvill be on t" fl-aVe5s ensure that ttt?"i'!*t" par with tnt""- g*1; tcl the- Members' and-to also ensure towards the game (baggage handling' tf.'"t t'o "*p"t'ali"t" -:J i"r,.v "ti'"o' :Ii ;;:":: ilfl " t': l, J* :H',:"','J; -s;''*-['s a"vs of the rt:quisition being hl;:? Ilii:l ,oua' b\ rta]'ers to make made Also' to;;"t;';;A.,;tit be .appointed to in Rulc-26'2IA (ii) below' to ensure' 'tllat i- accommodatiot' -and , ) 1t arrangements for the accommodation and travel of their respective wives/ partners/ family members, wherever permitted.

7. To ensure that all measures are adopted to eliminate any form of racial, communal, caste or other hatred from the game, with stringent action taken against the offenders including the iniliation of criminal pr'oceedings.

8. To start ard maintain a tibrary of books, periodicals, DVDs, and other databases on Sports in general and Cricket in particular, and to publish journals, books, and other material as well as the official website of the HCA- 9. To produce by itsetf the Cncket content for telecast of cricket matches and or ceremonies by hiring or owning equipment and hiring necessary crew. Technicians, etc. 10. To pubticize the stadium capacity of all stadia across the country with compulsory seat numbers, to provide transparent online and offline ticket booking services with reasonably priced tickets and maximize the access of the public to the games- 11- To provide at stadrums, n,holesome and hygienic food and beverages at affordable rates, clean and hygienic rest rooms for all genders and for the differently-abled, adequate hre and emergency entries and corridors. Sufficient access avenues and wheelchairs for the differently-abled, proper signage, parking, and transport facilities as well as efhcient security systems.

12. To arrange and organize the all types of matches in Telangana including BCCI matches to be held in Telangana or for Universrty, Schools, or other tournaments or for any Exhibition matches between members and lor between the Universities/ schools/corporates/other ' institutions/others in Tetangana including regulations and bye-laws in respect of travel, accommodation, allowances to be paid to playcrs and officials participating in such matches.

13. To frame guidelines generally for the convenience and ease of day-to-day management ofaffairsofthe HCA.

14..To prescribe guidelines to layout or convert any ground into high quality turf wickets at all levels in all areas of the country and to provide Pavilions, Canteens, Public Conveniences and other amenities with disabled access and suitable signage, especially to involve more Indians in the game of cricket and to encourage participation of all sections of society.

15. To assist the Cricket Committees and facilitate the implementation of their tasks and recommendations.

16. To collate monthly reports concerning the functioning of the various Committees, to create action plans and upload the same on the website of the HCA. t2 1 ;;J.. 1,'. To create a database of all cricketers at all levels' maintarn records and statistics, track performances and certify age and identity of Participants- 18.To take steps to create ;ortd class infrasitructure at all levels in all areas across the State To r oorclinate-with and other associalions' lo condttcl tolrovide better abcess to the.public' u'ith =,^1'"1ii"t.i.t ;;:;#;;", ,*lii""fr. reftrenc" 1o women and lhe disal)led r.r 't^ -rrt in rrlace mecnanisms to encod)-age Tclangana ' nationallv and internarional\' ancl hone ;";;t;;t";t;r' their skills so that a wiier talent pool is available to rePresen t lhe state/country' (). To siP.n and enter transparenlly inlo contracls I::::1:" ' n"rrrii .i,r,r" HCA includine with third pa-lres and vendors ior'Ir,. or.po"t't of the vari'ous Committe' s e1 1fie HCA' that in al1 contracts for television ancl mldia ;;j;; .i*i,,". ,ft"L,.*sts of the public remain -t t tcomProm ised ' ,iJ r,-,tt. unhindered broaicasts ofall delireries and their repla] s are shou'n' ,, r^...,.,tr 1.) the Apex Council every qua l''r or as oflen as ' on the run' rionins or rhe ::r;:l;"J';; ,;; I;;; -1""g.-.'", and ihe progress made in d':r'eloping cricket '"ncl .2.To consider the reports of the Auditor' to vcrlf-v rvhether '' p"fi Na"rnu*s are meeting their objectir'cs and. lo'^1sess and promoted whether cricket is utlttg ""'it^Ut1'develop"cl across the state' all apptications for hnancial aid or anv other U.rl.rot.n." to criiketers' Umpires' and ztdln inistt ators as -.r rhP nrles framed Oy the beneral Bo'lt in lhis bPhalf the same to the Apex tt'd it"o-*tnd ,;,i*" f.;';i-.- Council for their aPProva[' 24. To examinc all the expenditure exceedinll the Budget and ' such outlivs as are requirc':l for the propcr .B ;;;;";;; '-" in lndia. ;; ;;il; administration of the HCA' 25 To advise fhe HCA regarding investmenls 26. To process requests rnual fot increasc rn all .llpes oI allowances, su bventrons/ subsid ies lo br'. paid to the iariff for coaching Camps' (lc'a<:hing Subsidies il;;;;.", io the' pla; ers for matc-hes of to the Members, i.optti"" and when playin6l against .different ;ff.;."1 hornt and away and to recommend the same Iia.., [tfit to the APex Council 2?.;;';; ail acts and things which ilt d.titci:td-.1-:n: uto '' functrons as are to him' and alt other ;;i;;;; and expedieni to carry out the objects of the ;;;"""'; HCA as aforesaia itt"r'iing t^'ry Ltt correspondence in the 'tuncil name of the HCA' "rro*a.t'c:t "i . ) ) 13 4 T. GRIEVANCE REDR.ESSAL

1. The types of disputes/ differences that form ambit and the procedures for redressal are: the Ombudsman's Member, Association & Franchisee Disputes; Any disputes between or among the HCA, its Membe;s, ttt_ pianctrisees and the Cricket Players' Association shall be automaticallv referred to the Ombudsman Procedure: Both parties would submit therr arguments and a hearing would be conducted following the principles of natural Justice and exercising all powers of enquiry and hJaring as the Ombudsman deems ht before appropriate orders are passed. b. Detriment caused by Member or Administrator; If any Member or any Administrator of the HCA commits any act of indiscipline or misconduct or acts in any manner which mayor liketi to be detrimental to the interest of the HCA or the gime of cricket or endanger the harmony or affect the reputation or interest of the HCA or refuses or neglects to comply with any of the provisions of the Memorandum and/or the Rules and Reguiations of the HCA and/or the Rules of conduct framed by the ijCA, the Apex Council, on receipt of any complaint shall issue a Show Cause Notice calling for explanation and on receipt of the same and/or in case of rr<.r cause or insufficient cause being shown, refer the same to the Ombudsman. Procedure: The Ombudsman shalt, after providing opportunity of hearing to the parties concerned, pr"" .r, upprop.i^tJ o.i... c- .Misconduct or Breach by Others: [n the event of any complaint being received from any quarter or based on an1 report published or circulated or on its own motion, ot any act oi indiscipline or misconduct or violation of any of the Rulei and Regulations by any Player, Umpire, Team Official, Selector or ,.ry p.."ori u""ocrated with the HCA, the Apex Council shall refer the same expeditiously to the CEO to make a preliminary enquiry- Procedure: Ttre CeO shall forthwith make a preliminary inquiry and call for explanations from the concerned peison(s) ani submit his report to the Apex Council not later than 15 days from the date of [:1..:".. being made the Apex Council. On receipi of tn. ..po.t, llhe Apex Council shalt forward the same to the Ombudsmal, who $rall call for all particulars and unless it decides that there is no prima facie case and accordingly drops the charge, hearrng shall commence on the case and the same shall b1 compleied as expeditiou.sly as-possible by providing a reasonable opportunity to the parties of being heard, If, despite due noti.., p".iy lails to submit any cause or submits insufficient cause, the OmLudiman shall after ".ry _by I l1 nrovidins -easonable opportunity of hearing to the parttes concerned' o.a.ii., the event any party refuses 'rnd or fails to I"". "pp,,,p""," Ipp."l6..pr,. notice, the Ombudsman shall be at liberty to proceed ex'parte c,,i thc basis of the available records and evidcrLce D. Bl the I'ublic against the HCA: where a member of the public is Ag3rier-ed concerning ticketing and/or access and,/t'r facilities at - tf,, same ma-y be brought in the form of a cornplaint to the ",?ii". OmbuclsnLan. Jri", rn" ombudsman woulrl adopt the same procedtrre as laid dorvn i,, o ubo.,,' after referring the complaint to the CEO to solicit a report on the conrplaint. i. itr" pfr.. of hearing shall be decided by the Ombudsman from - l.ime, The Ombudsman sha1l have the power to impose ,i-.',,, f.r-raltl.s as provided in the Regulations for ,Players' Team bffi.i. t". Administrators, Managers and Match Officials of the IICA- 3. The (lecision of the Ombudsman shall be final and binding and shali t:ome into force forthwith on being pronouncecl and delive; ed. 4. Any Administrator, Player, Match Offrcial, Team Offrcial' SelEctor or tther individual associated with the HCA on br:ing found guilty and .xpellect bv the HCA shall forfeit all tht:ir rights and pri.,ile ges He oi she shall not in future be entitled to hold anl' io"it,,,,,-, ot office or be admitted in any committee or any role on the Ir (lA. 5. A Mer:rber or Franchise once expelled, may, on application made after txpirv of three years since expulsion' be readmitted bl' the HCA. orovided the same is accepted at a General Body mceting by 3/4rh nembers present and voting. 6. Pencling inquiry and proceeding in to comptaints. or charges of misc,-.niuct or any act oI indiscipline or violation ol any Rrrles and Regulations, the concerned Member, Administrator, Player' Match OfircL,,rl, Team Officiat, or other individual associated with the HCA (along $,ith their respective privileges and benefits) may be by the Apex Council until hnal adjudrca'tion However' the said adjudication ought to be completed witLin six months' "rspi,ttOe.l failir.q which the suspension shall cease-" i ) l5

6. The requisition given by the 4m respondent to the 5n respondent is dated 27.09.2024. On the face the record, the contents of the said letter including the name of petitioner giving the reason that "petitioner not cooperating to disclose Aadhar history" is suspicious and doubtful, for one of the reason among many. [n the report dated 04.11.2024 submitted by the Commissioner of Police, it was observed that DOB is

25.03.2006 during initial registration and it got changed to

25.1O.2OO7 on 02.07.2016 and that his father informed that due to family issue, his father-in-law made the 2nd birth certihcate to register for Aadhar card; in 2008, Aadhar card was not existing and it came into existence in 2OIl only. The report of the police is silent as to what, where and with whom enquiries were made by the police before coming to the said conclusion. More so, the said report of the police is not accompanied by any documents to subs[antiate said conclusion.

7. The conclusion drawn by the Commissioner of Police cannot be the basis for imposing ban on petitioner. The curious aspect is that the reason for sending the requisition by CEO to the Commissioner of Police for enquiry is questionable. I l6 Furthermore, tl-re Regis[cred/administrative offic,: of the 3.d respondenr s rvithin the territorial jurisdi,:rion o[ the Commisstone.r o[ Cytterabad. As discussed supra, the report of the Sth rcspondent is not conclusive, definite and s;upported by anv oral or clocument:rr-v cviclence that was purported to have been taken in ro consideration during the course c,f enquiry. On the facc of thi rr:cord, the report does not disclose the details o[ enquiry- and rhc procedure adopted and which of the officials were examir-rcrrl during lhe course of enquiry. The report ol police is perfuncton. and carlnot be allowed to be sustlined. As a consequeltce r,[ t hc sante, imposing of ban for two \/ears bV thc 2"d responde n I is r,r'ithout application of mind. 8. N, rr,r, it needs to be seen as to whr,ther the 4rh respondent is hltving power to make a requisition to the Strr respondent for making enquiries against the player; registered with the 3.d rcsponden t inter alia the genuineness of the Birth Certihcates. porvers of the 4s respondent are stipuJated in Rule 24, exlracrcd supra. lt is vcry clear from the intent and language of thc said Rulc that the 4tr, respondent or the 3rd respondent docs not h;rve power to make requisition to the Commissioner of l)olicc, Hyclerabad. The said act is lteyond the ) ) t7 powers of the 4h respondent. It is the Apex Council which is governing body of the 1st respondent under Rule 14 and the 4th respondent has to function under the supervision of the Apex Council and cannot derive his own powers sans the Ruies. From the pleadings, it is evident that the Apex Council did not confer any such power on the 4ft respondent to make requisition to the 5th respondent and so also, the power to impose ban on petitioner which is against the guidelines of the 3rd respondent.

9. Under Rule 17, it is the Apex Council alone which is having power to take action on the erring conduct of a player and not the 4th respondent. Before imposing ban on petitioner, Respondents 2 and 3 should have issued notice/show cause notice calling for explanation and after hearing petitioner basing on the submissions, if any made should have placed the report prepared by him with the Apex Council to take action in accordance with the Rules and Regulations of Respondents 2 and 3. Admittedly, no such process was followed by Respondents 2 and 3 who imposed ban. It is apparent on the face of record that ban imposed by Respondents 2 and 3 is not in accordance with Rule 41(6), as such, the act of imposing ban on petitioner is in violation of the procedure envisagecl in the I t8 Rule, supra. Il is also in the knowledge of Respondr:nts 2 and 3 that petitioner is not playing for the State/HCA for t he first time and is a reg stercd player with HCA for. considerablc time, thereby, Resp,rndenLs 2 and 3 should have placerl the issue, if any with Apex Council belore sending requisition to the Commissioner ol Police, Hyderabad and the act of i.rrposing ban is illegal, arbit.rary and rvithout power and authorily. 1O. I t is an undisputed fact that petitioner is a registered pleLver rvith HCA and is playing for the S'-ate/HCA for considerable timc, thereby, the 4th respondent should have placcd the issue, if any, with the Apex Council ancl after seeking permission fir-rm the Apex Council should have st ttt requisition to the 50' responclenl- Sending requisition tc, police is a unilateral acLion of the 4th respondent sans the power and authority under the Rules and Regulations of the lJ'd respondent as such the requisition and so also the report of the 5h respondenL aie vitiated, illegal and cannot be allov'ed to sustain. 1 1. Ir', view of the above discussion, the W;:it Petition is allowed ancl the ban imposed on petitioner is raised. Respondents ilre directed to ailow petitioner to participate in the I \ t9 forthcoming tournaments to be held by Respondents 2 and 3 Associations. No costs. t2 Consequently, miscellaneous Applications, if any shalI sLand closed //TRUE COPY// SD/-P. PAOMANABHA REDDY EPUTY REGl SECTION OFFICER t J To,

1. The Principal Secretary, Sports Department, Dr' B.R. Ambedkar Telanana Secretariat, Hyderabad. 2 The secretarv. Board of control for cricket in lndia, 2nd Floor, cricket centre Wankhede Siadium D. Church Gate, Mumbai- 400020' lndia 3_ The Honarary secretary Hyderabad cricket Association, Registered office at - ni;iv Gandhi'lnternatioiral Cricket Stadium, Uppal, Hyderabad

4. The chief Executive officer, Hyderabad cricket Association, Registered offtce at Rajiv Gandhi lnternational Cricket Stadium' Uppal, Hyderabad

5. The Commissioner of Police, Hyderabad City, Hyderguda, Basheer Bagh Road, Hyderabad.

6. One CC to SRl. BALA MURALI Y Advocate [OPUC] 7. One CC to SRI S ABHAYA KUMAR SAGAR SC FOR BCCI IOPUC] B. One CC to SRI L ARAVIND REDDY SC FOR HCA [OPUC] g.TwoCCstoGPFoRSPORTS,HighCourt.fortheStateofTelangana.[oUT]

10.Two CCs to GP for Home, High Court for the State of Telangana at Hyderabad. IQUT]

11. Two CD Copies KKS BS HIGH COURT DATED:0310412025 ORDER WP.No.1047 ot 2025 t J ;iE l; l;., *o il3 Atr lC25 oEspat cHEO t ,n\ 'rl :/ ALLOWING THE WRIT PETITION WITHOUT COSTS ad4