The High Court · 2025

Order

The briel facts of the case as can be seen from the aflidavit hled in support ol the petition are as under: a) The petitioner is dedicated and skilled cricke [e r and playing cricket lor nearly a decade, with outstanding crcdentials, diligcnce, and accomplishments in various state and rlational-level tournaments. In the year 2024, he was registcrcd u'ith the respondcnt No. 2 - BCCI vide ID No.26443, in full compliance with thcir guidelines and regulations and since then, hc playcd for various tournaments; he was part of U-16 Vijay Merchant Trophy, Team B for U- 19 probable matches, Fast Bowlers Hunt U - 19 and BCCI Men's squad Under-19 for the tournament of Vinoo Mankad Trophy. The grievance of Petitioner is that based on the rcport of respondent No. 3 the respondent No.2 arbitrarily imposed a tu/o year ban on the petitioner and the same is communicate d uide e mail dated

14.11.2024 to petitioner's address (diveshb25f(4gmail.com). The action of the responder,lt Nos.2 and 3 is impugned in this Writ Petition b) I t is to be seen that without issuing any formal noticc or conducting a fair inquiry and in violation of principles of natural \- 2 I t' I'o lllll II]( J -,a.1 ,li Justrce, respondents imposed ban and there is no opltortunity given to him to presenL his defence and to be heard cl,:spite sending multiple e mails rcquesting the respondents to lurr risl-r a cop1, of report of the police based on which ban was impose.cl According ro petltloner, imposing ban is a unilateral decision ;,tr.d violates his rights and undermines the very essence of fairness irt)t(l transparency in ad min istrative actions c) In the e mail ctated 14.11.2024 addressed to 1_rt.ritioner by the Secretary of ther respondent No.3 - Association, it s informed thar enquiry u,zrs inittated by the respondent No.3 with t-re respondent No.6 to verify thc documentation submitted by petitioner q,ith the respondent No.3 and based on the findings of the sairl investigation, the respondent No.3 submitted report to BCCI for zrppr.opriate action as per their guidelines, which consequently, inrpcsed ban on petitioner for submitting fake document effective fronr {)4_ ll.2024 till 03.11.2026 in all tournaments and after completiorr ,rf ban period, petitioner would be eligible to participate in senior men,s tournaments d) The petitioner relies upon the guidelines issued by the respondent No.2. Guideline No. 4 (iii) explicitly :n:ntioned that players rvho were registered on line b1, Association <:orrcerned in any J \BK.J \\'P \., lillJ nt loli of the seasons from 2018-19 to 2023-24, need nol register again using the "common form". The petitioner being a registered plal'er since 2024 season is under the category of "Registered Play'ers" as defined by the guidelines of the respondent No.2. Thereby there is no necessitlr for petitioner to undergo any fresh registration process for the subsequent seasons. However, he had provided all the relevant documents to substantiate the same showing his cxisting registration as Player ID: 26443. Guideline No.4 is extracted hereunder: - " 4. Online Registration of fresh and Registered pla-r'er (men & women) (or 2024-25 season) i. As you are aware that the season 2018 19 is the benchmark for all piayers' registration purposes, therefore, a player u,ho is registered online by the concerned Association during the season 2018-19 will not have to fill this common form lor lhe subsequent cricket seasons. ii. Fresh players are those players who are not registered online in the season 2018-19, 2019-2O, 2O2O-21, 2021-22, 2022-23 or 2023- 24. It is mandatory for ' the concerned association to register only such players by using this "common form". iii. Registered players - are those players u'ho are registered online in the season 2018-19,2O19-2O, 2O2O-21,2021-22' 2022-23 & 2023- 24. The concerned association should not re- register these players online by using this "common form" the season 2024-25, if selected to participate in the BCCI Tournaments for the season 2024-2025. 4 1!UK.J \\' P !"o llilll oil0lt

iv- Horvever, every year it is mandator_r, ior each state association to upload online in the "BCCI ODMS :'lavers Online Registration" a covering letter in that specific tolc.:r/age group, confirming the list of Players who are registered,/ s e lected for that season of FJCCI and specifically pointing out the fresh players and re- registcred players along with their player id availabl. in the BCCT ODMS for the season. v. All fresh players who have been grantt 1 NOC to play for yolrr Association as a local or guest player [or the current domestic season must be registered online by using "r:r mmon form"," e) The earlier date of birth of the peti[ioner rvr s erroneously entered and rvas subsequently corrected based on his birth certificate. The petitioner submitted his Aadhaar, tr riving license, Voter ID, Pan Card, loth Class Memo, Inter Menro and Degree Memo, which state the date of birth of the petitionc:- rrs 12.03.2O06. The petitioner came to know about the comnttrnication from Respondent No. 4 to Respondent No.6 date d 27 .O9.'21)24 requesting to enquire into the discrepancies regarding date ()l birth of the petitioner in his birth certificat.e. The petitioner coop,. rated with the police investigation, u.herein he received a phon.: call from the Special Brach and an officer came to collect ,he necessary documents and he was informed that the inr,,:s; tigation stood concluded on 05.1O.2024. Subsequently, the petitic-rer along with his father tried to make enquiries with Respondent \o.3 to secure ) \BK ] W I'.No lSllr olllrli information regarding the outcome of the investigation, however, they went unanswered. However, the petitioner was shocked and disappointed to receive email dated 14.ll'2024 from Respondent No' 3 informing me that based on the findings of the police investigation, Respondent No. 3 submitted a report to Respondent No' 2' in pursuance of which Respondent No 2 imposed a ban on the petitioner owing to submitting fake documents, prohibiting the petitioner from participating in any BCCI or state association tournaments for a period of two years i e', from 4th November 2024 till 3rd November 2026. The petitioner came into possession of the Investigation Report f) dated 04.11.2024 only after it was circulated by other members of the Respondent No.3 Association. The said report contains a detailed cxamination regarding the date of birth of the U 19 Men's Cricket Players selected for BCCI registration' In this context' the Respondent No.6 made the following observation about birth certificate of the Petitioner: "Divesh Bajaj, S/o Rajesh Bajaj r/o 19-03-1030, Water filter, Shamsheergunj, Hyderabad: During the enquiry ol birth certificate with GHMC, Hospital and school records the birth certificate vide Reg. No.457, dt: 20-03-2019 with DOB: 12-03- 2005 does not belong to him, hence it is fake But the candidate had utilized his fake birth certillcate in his school' 6 I NBK.J \\' P No I8l2.l or'102i colleges and othcr places. Moreover, the bir.te certificate vide Reg. No OO3449, DL:4-t2-2OO7 with DoB: 112.0.] 2005 belongs to Sri Divr:sh Bajaj_ Hence, his claim of datc. of birth 12_03_ 2006 is fake." d The above observations made in the polir:r :nquiry report regarding birth certificates of the peritioner are fi:r:tLra y. incorrect, misleading, and devoid of any proper verification. .t.he police report alleges that one birth ccrtihcate bearing Registratior.r \o. 457, dated 2O.O3.2006, with Date of Birth 12.03.2006, does n,.rt pe rtain to the petitioner. Thc inclusion of such unrerated .nd unverified documcnts in the police enquiry de monst r.ar es a gross misapprehension of facts and has resulted in urq u,;t conclusions _ being drawn agalnst the petitioner. It is pertinenl .c state that the Police did not examine the petitioner and did not as[( ror verification of the factual aspects. Thereby the said process t.ri<.en by the police is one sided. Further, it is apparent that the polic,.rlid not enquire and recorded the stalement of the officers concernec] ln coming to the conclusion which are adverse to the petitioner. h) Further, the report allege s that the birth c,r r.t rrcate bearing Registration No. 3449, dated 16.03.2005 with the I)r:te of Birth as

12.03.2005, belongs to the petitioner, however, the sa I statement is wholly erroneous and contrary to the actual records Ihc said birth 7 N''BK.' w P No l3l:l ol:olt certihcate bearing Reg. No. 457 is correct, genuine and pertains to the petitioner and his parents names are clearly shown as Rajesh Bajaj and Sheetal Bajaj, and it reflects the correct and original date of birth date of the petitioner as 12.03.2O06. The said birth certihcate vide Reg. No. 457 is the ofhcial document issued by thc Greater Hyderabad Municipal Corporation (GHMC) and has been used consistently by the petitioner throughout his academic and official tife. The same date of birth, i.e., 12.O3.2006, is reflected in all corresponding records including the school admission forms, educational certificates, college records, Voter ID, PAN card, and other governmcnt-issued identif-rcation documents of the petitioner. The consistent use of this date across all documents establishes beyond doubt that it is the genuine date of birth of the petitioner and not a fabricated or tampered document. i) The birth certihcate bearing Registiation No. 3449 showing date of birth 12-03-2005 is unconnected to the petitioner and its origin or relevance to his personal records is unknown. The petitioner denies any association with the said certihcate and that the said certiltcate has been wrongly and arbitrarily linked to the pelitioner without any supporting evidence or basis. Despite the full compliance with the required documentation done by the petitioner, 8 I"I] K.J \l l'] No lllll oll0 i Respondent No.2 continued to impose a ban or.r the petitioner without giving thc petitioner an opportuni[r of beinq hr:ard j) Under Clause 16 of rhe guidelines issued b1. Ftc:;pondent No. 2 (BCCI), any play<:r lound to have submitted a fake rir. ampcred birth certi[rcate is liable to be disquarified and banned f.;- ; r period of two years from participating in cricket matches conrl,t:Led under the aegis of the BCCI and i[s SLate Units. Hor,vcver, srr:;l a ban can be imposed only when it is conclusively established t[La the player in question has indecd submitted a fake or tampered co(rument. In the present case, no such conclusive finding has be, n established against the petitioner. on the contrary, the birth ccrri{-lcate bearing Registration No. 457, dated 2o.03.2006 of the peti,-ir ner indicating his date of birth as 12.03.2006, has been issued ll the statutory authority (GHMC) and is entirely genuine. The sanrc i,irth certificate has been consistently used across aI officiar records oi the petitioner including his school, college, Voter ID, driving licensc. pAN card, and other government-issued documents. Despite thr;, arbitrary and unverihed observations have been made in a polic.c ,:nquiry report which erroneously without any proper verification ,: taims that the certificate with Registration No: 3449 pertains t() the petitioner. Therefore, any decision or action taken to disqualiJi or suspend the petitioner from participation in cricket tournaments c,n the basis of 9 NBK.J wP No l3211otl02i such an erroneous conclusion is wholly unjust' contrary to Clause 16, and violative of principles of natural justice Guideline 1S extracted hereunder

16. D isqualiflcation of a plaver "Any piayer submitting fake/ tampered birth certihcate will be banned for 2 years from all Cricket matches under the aegis of BCCI & State Units. After completion of 2-year suspension, such players will not be allowed to participate in age group Lournaments of BCCI, as well as age group tournaments organized by State Units' All Cricketers committing Domicile fraud, including Senior Men & Women, will be banned for 2 Years." k) Under Clause 10 (i) of the Respondent No 2 guidelines for the 2024-25 season, specific documents are outlined as mandatory for players under the Under-19 and Under-23 categories (boys and girls) during the online registration process. These mandatory documents include the original birth certificate, school passing/leaving certificate, PAN card, cancelled cheque, and, if applicabie, the GST registration certificate. For address prool the guidelines provide a choice among several documents, namely a valid voter ID, or Aadhaar card. The relevant portion of the said clause is extracted hereunder: - "10. Documents to Upload Online along with the Registration Form For under-l9 (boys & girls) & under-23 (boys & girls) fresh players following documents must be uploaded along with the registration form. Under- 19 (boYs & girlsJ a. Scanned copy of original birth certihcate (Mandatory) 1 l0 \ali.J \\ P.No lt]l1oil025 b. Scanned copy of original SchooI I,assing/ leaving certificate (Mandatory) c. S<:anned copy ol original pAN card (lv1,r datory) d. Scanned copy of originai Address I roof viz. Valid Passport /Voters ID/Aadhaar Card e. Scanned copy of Cancelled Cheque (Marrdatory) f. Scanned copy of GST Registrati,rn Certihcate (if applicable) l) As per Guideline No. 12 of the BCCI, from rhc . Otg-2O season onwards, the BCCI has mandated that only. corrr ,uter_generated birth certificates shall be accepted for fresh r,:gistrations of cricketers. This policy. u,as introduced to climii-iar,. ambiguitv in verification processes and reduce reliancc on Irand*.ritten or potentially unverihable documents. In the pr(.:;c tt case, birth certificate of the petitioner is a computer-generatec ertificate, duly issued by the statutory authority and submitted ir. lull compliance with the above guideline. Therefore, any contr..r\. allegation or adverse action initiated on the premise of doubts rr_,.1zrrding the birth certificate is untenable, contrary to the verified re(:or( , and contrary to the BCCI's own policy under Guideline 12. The r::gristration of the petitioner has been accepted by the BCCI pursuanL t, this guideline is further proof of compliance and bona fide conducr m) The ban imposed on the petitioner not only .a,;ks legal basis but is also disrupting his focus and commitment tc r ry sport. This unnecessary obstacle, brought forward in the naml of ,,verification,,, NBK.J \Y P \. l3lll cil0l) is not only unjust but seems intended to sidetine promising players who have diligently adhered to Respondent No 3 association's established requirements. n) In a similar matter concerning the Hyderabad Cricket Association, in W. P. No. 34978 ol 2024, this Hon'ble High Court has already held that the respondent No 4 has no authorify or power undertheRulesandRegulationstounilaterallysendarequisitionto the respondent No.6 seeking an enquiry into the genuineness of players' birth certihcates. This Hon'ble Court, upon interpreting Rule 24, held that such power is not conferred upon the respondent No.4 or even the respondent No.3, and any such requisition is beyondthescopeoftheirauthority.ThisHon'bleCourtfurtherheld that under Rule 14, it is the Apex Council which is the governing body of the respondent No.2 (BCCI) and that the respondent No 3 association is duty-bound to function uRder its supervision' The Apex Council did not confer any authority on the respondent No'4 to initiate such correspondence or requisition, nor did it delegate power to impose a ban on any registered player' Therefore, the unilateral action of the respondent No.4 in addressing the requisition to the respondent No.6 and subsequently imposing a ban on the player was found to be illegal, arbitrary, and violative of Rule a1(6) of the BCCI Constitution. t2 NL}K \t P \,i lill.l cl_l0l) ' o) This Honourable Court observed that any ciis, iplinary action against a player must follo'"rr due process, including rlre issuance of a notice/show cause notice, an opportunity to t,: heard, and submission of the report to the Apex Count:il t, rr a decision. Admittedly, no such process was followed in that c: s,.. Similarly, in the present case. the Petitioner was not issued an,y rr( lice nor was he given an opportunity to respond. No proceedings r,r .:r.: placed before the Apcx Council, and the ban imposed is ex facic tllegal, arbitrary, and violative of the petitioner,s rights. The impug.re.<l :Lction takcn by Responclent Nos. 3 and 4 is illegal, void ab initio, and is liable to be set aside on similar grounds as already decided bv tl-ris tion'ble High Court. p) The present Writ Petition is being filed in vierv ot thr: immediate and irrcparable prej udice being caused to the jr(, titioner. The petitioner being a registered and eligible player u,i ,h the HCA and having represented in earlier seasons, he has bertrr rrbitrarily and unlarvfully prevented from participating due to the irn:rugncd actions of the respondents, without issuance of any noticc rr affording any opportunity of hearing. If the petitioner is not allou,::t. to participatc in the upcoming seasons, it would irreparably al'[c,:t his cricketing career and prospects, causing grave injustice ancl har<1ship. The IBK,J \! P No l3ll,r ollLrl5 urgency is further amplihed by the fact that once the team lists are finalized and matches commence, the exclusion would render the entire season lost for the petitioner, making tl-re writ infructuous. Hence, the petitioner is constrained to approach this Hon'ble Court seeking immediate inLervention.

2. The respondent No.2 submitted that BCCI is guided by its Memorandum of Association and Rules and Regulations as approved by the Honourable Supreme Court of India, dated O9.08.2018. Rule 2(al of the BCCI Constitution lays dou'n one of the corc principles and objectives of BCCI to ensure integrity of thc game of cricket in India. Rule 2(c) empowers the BCCI to tackle various issues o[ discrimination prevailing in the game of cricket and one of them is age fraud and all through, it is the responsibility of BCCI to ensure that all its tournaments are conducted in a fair environment and no undue advantage can be taken by any player. BCCI vide Circular d.ated 31.O7 .2020 bearing No. BCCI/ HQ I 34(M2) I 1787 I 2O2O in order to eradicate age fraud in cricket, introduced one time measure i'e', "Voluntary Disclosure Scheme" by which players were encouraged to reveal their actual date of birth before 15e September 2020' If the players did so, they would not be banned and shall be allowed to participate in the appropriate age group tournaments of BCCI and lailure to do so will impose ban on player for tu'o years and post- l4 NNK.] \\ P \o lSlll olll)lt compleLiol of two years ban period, players will r,:r b<: allowed to participate in tht: age group tournaments of both tirr: IICCI and State Crickct Association. It is the further case of ll(,t(.tl t hat plal.ers u'ishing to partir,-ipate in the age group tourname r.t- must register themsclves '"r'ith the relevant State cricket Associzrtic e and re quired to undergo a TW-3 bone test and shall submit n.lervant age proof documents rvith the State Associations. The prima^ r:sponsibihg. of vcrif-l'ing thc agc group related documents by the Jrlr, lrer-s is that of the State Cricket. Association, which must ensure ltrr t no tampercd or fake Birth Certificate by players. Basinsi on thc police investigation report, Petitioner is banned from part ir.r.;at ing ir-r BCCI tournaments for et period of 2 years.

3. The respor-rdent No.3 submitted thar on 2/.Og.2024 Lhe rcspondent No.4 addressed a letter to the respondent |,lo.tr to enquire into the discrepancies regarding date of birth of tht: p,:titioner based on their aadhzrr update history. Accordinglr, report clated 04.\1.2024 u,as submitted by the respondent No.6 t, , ihe respondent No.4 u,ith a finding that birth certihcate of pc i ioner is fake. Further case of the respondent No.3 is that the .rctitioner is not entitled to any notice for conducting enquiry under Clause 16 of the Circular dated 09.O8.2024 issued by the respon<lc rt No.2. For adjudication of this /is, it is necessary to considcr the rules and 5 NBK J W | \. lqlll oll0li regulations of the respondent No.3. The relevant rules and regulations are extrac ted hereunder: "1. (AI DEFINITION c. *APEX COUNCIL" is thc principal body of the HCA tasked lvith its governance as set out in Rule 14. e. tHCAt means "The Hyderabad Cricket Association' in Telangana Regd' under the A.P.(TA) Public Societies Registration Act, 1350 Fasli (Act 1 of i350 Fasli) bearing Registration No.207/ 196t. "CEO' is the Chief Executive Officer of the HCA appointed by the Apex Council as set out in Rule 23 w. "PLAYER" is any Cricketer past or present registered with HCA or any of its Members as a player and shall Include an1' person selected in any squad to represent HCA in a Test Match, ODI tour match, Trventy/2o or Junior Tournament Match or any Match conducted b1.' HCA i BCCI in Telangana, lndia or Abroad." "CHAPTER.IV GOVERNANCE" 14. THE APEX COUNCIL

1. There shall be an Apex Council for the HCA which shall be primarily responsible for the governance of the affairs of the HCA'

2. The Apex Councit shalt comprise of 9 Councilors of whom S shall be the elected Office Bearers as per Rule 6 and the remaining 4 shall be: A. One to be elected by the Full Members of the HCA from among their representatives; B. Two, one male and one female, to be nominated by the Players Association from amongst those of its members who hail from Telangana; C. Orie to be nominated by the Comptroller and Auditor General o[ Telangana from among the serving senior lunctionaries of the C&AG's offrce, coterminus with the nominee's tenure;

15. POWERS AND FUNCTIONS OF THE APEX COUNCIL

1. The affairs of the HCA shall be governed b)' the Apex Council and its framework of governance sha[1: l6 NLJK J \l l, \o lllll oi ll)l i ir. Ensure 1 dlstribution and balance of authorit\ .o that no singlc incl ilid ual Itrrs unfettered poq/ers. 2 Thc Apex Council shall have all the porvers :rl the Gcneral Bodv an(l authorit\. and discretion to do all acts and things --r. ce pt such acts as b\ these rukrs are expressly directed or required to be lone b1. the General Bodr. E-xercise of such powers, authorities and discretiln shall be subject to the conLrol and regulation of the General Body. N,r regulation shall rctrospectiveh invalidate any act of the Apex Council ri.hich $,as othenvise 3 Thc Apex Council shall exercise superint(:r.tc e ce ovcr the CEO, the Criclict ('ommittees, and the Standing Committet s irr the discharge ot their dLrtics lcncrall,r', and in particular, in accordanr:r l rth ant general rtr specral clirr:ctron of the General Body, except for the (ro\erning Council ol- the TIL rr hich is directll. accountable to the General Bo(lr .1 In arldition to and without prejudice to th,_, :jt reralitv of poNers con[crred dircctl-r. or by necessary implication undt r these Rules and regulatrons an<l thc Memorandum ol Association, ttr- hpex Council shall e{ercise the oorrers and perform the duties here after rn,lr- tionedj D. To institulc or delend any action or proceedings f()r c- against the HCn or- against anv Office-Bearer or employee of the HCA. N. To frame. in consultation with the CEO, rules fo,. t]-e appointment o[ Managcrs, Sccretaries, Administrative Offlcers, peon:; irnd other ser!ice personnel and staff and for payment to them and otttcr persons in rcturn for their servir:cs rendered to the HCA, salaries, wages. Et;rtuities, pensrons, honorariums, compensations, any ex-gratia paym(..1t,rnd/or provident fund and to regulate discipline by suspending, llnijg, removing, or dismissing such employees. Q. 1'o either on its orvn, of through its delegate, enterlir:n hear, and decide administrativc appeals by employees or other direcrl, aflected parties against the orciers of the CEO or the Cricket Commir rr:e:. as the case mav be. t7 NtsK J $ P No ltlll oil025

16. HCA JURISDICTION OVER PLAYERS, MATCH OFFICIALS & TEAM OFFICIALS OF MEMBERS The HCA shall have concurrent j urisdiction and control over Pla-r'ers, Match Officials and Team Ofhcials within the jurisdiction o[ a Member. Such individuals participating in cricket under the aegis of a Member shatl be clecmed ipso facto to submit to the jurisdiction of the HCA.

17. CONDUCT OF PLAYERS The Apex Council shall have the power to enquire into the conduct of an-v Play'er s,ithin its jurisdictron and may take such disciplinan action zlgainst the Player as the Apex Council may deem ht, u'hich decision shalt be final.

18. ENQUIRY INTO CONDUCT OF PLAYERS. MATCH OFFICIALS, ADMINISTRATORS, ETC. In the event of the HCA enquiring into the conduct of a Player, Match Ofhcial, Administrator, etc., the HCA shatl proceed in the manner prescribed in Rule 41." (CHAPTER.V MANAGEM ENT,

23. THE CEO

1. The day-to-day management of the affairs of the HCA shall vest in a full time CEO to be appointed by the Apex Council, rvho shall be a management professional with management experience of at least 5 ,vears as the CEO/MD of a company with a turnover ofat least Rs- 100 crores

2. The CEO shall be assisted by not more than 6 full time prolessionals (Managers) who shall be appointed by the Apex Council in consultation with the CEO essentially to govern the strearns of finance, technical, infrastructure, law, media, and human resources- The CEO may ho$'ever realign or re-allot these streams as he deems fit.

3. The eligibility criteria for the CEO and Managers shall be laid down by the Apex Council keeping in mind the following guidelines: a. Knowledge and familiarity with cricket or other sports; IE \BK.] \\' P N. l3l2l or'toli b Undcrstanding of financial position fisr:al direction of Knorvledgc of operations of crickr r a,lmir.ristration and Ciaritr on role, division of responsiLrilii es and hierarchy, wrth regulatory and tegal responii ,ilitres as u,ell as the HCA; overall pohcl (' d and e. [familrirrit_r, al tendant ris ks .+. There shall be an appropriate induction pror.cs:r laid dou,n b_v the Apex Corrncil lbr the CEO and the Managers, which sh;tll include a fair and transparent I)rocess of appointment.

24. THE FUIYCTIONS OF THE CEO 'l'hc CFIO shall havc the follorving funcrroll ; on behalf ot the HCA:

1. To inrplemcnt all the Rules and Regrrla, ons made b]. thc Governing Flod-r and the Apex Council as rcgard to non ,.rr:kcting matters. 2. To issue guidelines in respect o[ tr_avll. acr:ommodation, allorvarccs, et(:., to be paid to players, support st rtf :rnd officials participating in rnatcllcs, other than international matcl erj. rvherever situarccl, iD order to promote the objects of thc H(lA. .1. To lcase and manage immovable l)r-)I)ert], ol the HCA I -lo la-r dolvn parameters for the la,.tr.rgg o1 grounds for plaling the g^nrc and to provide pavilion, canteen an(i orrler convenlences anci amenitres rn conncctton lherewith.

5. To appoint Tcam Officials for the reams which shall compulsoril-r. ir.rcludc qualified coaches, managers, .rhysiotherapists, nutritionists, trai.ers, anarysts, counselors, and me(ri.ri r{orvever, thc Head Coach oi each of the State Teams shall be appoirrtcd bY the Cricket Advisory CommiLree referred to in Rule 26(2)A. (ii) below.

6. 'l'o secure pla1.ers, rvelfare to ensur,, that the logistics manager rvill arrange lor accommodation and travel, t. ,1 ;11a" that tickets given to Pla-vers lor matches rvill be on par with those givt:n to te Members, and to also ensure thal no expenditures towards :lte game (baggage handling, injun related. Etc.) will be undertaken b1. tL,_. player, lailing u'hich such expcnses rr ill be reimbursed to the player .r hin 30 *.orking l9 \BK.J lvPNo I8lll oi 20li da-\'s ol the requisition being made. Also, to process requests made b,r' Players to make arrangements for the accommodation and travel o[ their respecti\.e wives/ partners/ family members, wherever permitted.

7. To ensure that all measures are adopted to eliminatc an\- lorm of racial, communal, caste or other hatred from the garne, rvith stringent action taken against the offenders including the initiatron of criminal proceedings.

8. To start and maintain a library of books, periodicals, DVDs, and other databases on Sports in general and Cricket in particular, ancl to publish journals, books, and other material as well as the oftlcial website o[ the HCA. 9- To produce by itself the Cricket content lor telecast of crickct matches and or ceremonies by hiring or owning equipmcnt and hrnng necessan crew. Technicians. etc.

10. To publicize the stadium capacit], of atl stadia across the countr\ \\ith compulsory seat numbers, to provide transparent onlinc ancl offline ticket booking services with reasonably priced tickets and ma-ximize the access ol the public to the games.

11. To provide at stadiums, wholesome and hygienic food and beverages at affordable rates, clear and hygienic rest rooms for all genders and for the differently abled, adequate hre and emergency entries and corridors. Sufflcient access avenues arld wheelchairs for the differently abled, proper signage, parking, and transport facilities as well as efficient securitl sl stems.

12. To arrange and organize the alt types of matches in Telangala including BCCI matches to be held in Telangana or for Universitr, Schools, or other tournaments or for any Exhibition matches betq,'een members and lor between the Universities/ schools/ corporates/ other ins titu tion s / others in Telangana including regulations and bye-laws in respect of travel, accommodation, allowances to be paid to players and ofticiats participating in such matches-

13. To frame guidelines generally for the convenience and easc of da,l'-to-day management of affairs of the HCA.

14. To prescribe guidelines to layout or convert any ground into high qualiq/ turf wickets at all levels in all areas of the country and to provide Pavilions, Canteens, Public Conveniences and other amenities rvith 20 NBK.I \\' P N.,o ISlli otl0:i disabled access and suitable signage, especialll. to in\.rl\ e more [ndians in the game of cricket and to encourage partjcipation of alL s:ctions of society. I 5. To assist the Cricket Committeer; md facilitate the implementation of ttreir tasks and rccommendations.

16. To collate monthl-y rcports concernrng the functioning of the various Committees, to create action plans and uplolrd tlte same on the r.vebsite o[ the HCA.

17. To create a database of all crir:ltelers at all levels, maintain rer:ords and statistics, track perlormances and certify age and identity of p.rrticipants. 18 To take steps to create rrorld class lr.frastructure at all Ievels in all areas across thc S1ate. To coordinate lvitlt ijtate/District and other associations, to conduct tournaments, to provi(lc L,ttter access to the public, rr,itl] particLll.ir refcrencc to \romen and the disablt,d.

19. 'lo pur in place mechanisms to cr-L( )urage Telangana cricketers to plav nationallt and rnternationallv anrl lrr;ne their ski s so that a rvider talent pool is available to represent the starit ,coLtntrv.

20. 1'o sign an(l entcr transparentl), into .:(, ltracts for and on behalf of the llCA including \\.ith third parties and ven,it:r ; for the purposes oI the various Committees ol the HCA, and to ensur(] :hrrt in all contracts for television and medla rights, the interests ol- :he public remain uncompromised, and full, r,rnhindered broadcasts of all c:liveries and their replays are shorvn. 21 . To rcport to the Apex Cor,rncil ever u.- (l l.irter or as olten as required b_l the Apcx Council on the functioning of tle management and the progress made in developing cricket in India-

22. To consider the reports of the Audrror to verify whether Fu[1 Membcrs are meeting their objr:ctives and to assr:ss,vhether cricket is being suitabh developed and promoted across the stat(,

23. To consider all apptications for finant:iiri ai(l or any other benevolence to cricketers, Umpires, and administralo-s as per the rules framed by the General Bodv in this behalf frorn tirne to time and recommend the same to the Apex Council for their appx)v, I.

24. To examine all thc expenditure exceerlirg the Budget and to control such outlays as are required for the proper rrrj rr.inistration of the HCA. 2t \tsK.J w l' No lSlll oll02i

25. To advise the HCA regarding investments. 26. To process requests made for increase in all types of allorvances, subventions/ su bsidies to be paid to the Members, tariff for Coaching Camps, Coaching Subsidies to the Members, allowance to the pla,l'ers for matches o[ different Trophies and when playing against different sides, both at home and arva_v and to recommend the same to the Apex Council.

27. To do all acts and things which are delegated by the HCA and Apex Council to him, and all other functions as are necessary and expeclient to carn out the objects of the HCA as aforesaid including carry on corrcspondence in the name of the HCA. 4I. GRIEVANCE REDRESSAL

1. The tvpes of disputes/differences that form the Ombudsman,s ambit and the procedurcs for redressal are: A- Member, Association & Franchisee Disputes: Any disputes betr.een or among the llCA, its Members, TTL Franchisees and the Cricket Players' Association shall be automatically referred tb the Ombudsman. Procedure; Both parties would submit their arguments and a hearing s.ould be conducted following the principles of natural justice and exercising all polvcrs of enquiry and hearing 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 an_v manner which mayor likely to be detrimental to the interest of the HCA or the game of cricket or endanger the harmony or affect the reputation or interest of the HCA or refuses or neglects to compty ivith anl o[ the provisions of the Memorandum and/or the Rutes and Regulations of the HCA and/or the Rules of conduct framed by the HCA, thc 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 no cause or insufficient cause being shown, refer the same to the Ombudsman. Proccdure: The Ombudsman shall, after providing opportunity of hearing to the parttcs concerned, pass an appropriate order. )'> NBI(J w P No tstt I .fr0)i c. Misconduct or Bre.rch b] Others: In the evcrr of any complaint being received from an,r. quarter or based on an) L'l)ort published or circulated or on its own motion, of arr,r act oI indiscrpiinl or misconduct or violation o[ an]' of the Rules and Regulations b1 an,r. ), ar er, Umpire, Team Official, Selector or any person associated u,ith tl)c tIC,\ the Apex Counci) shall refer the same expeditiousl,\. to the CEO to rri ke a preliminary enquiry. Procedure: The CEO shall Iorrht.itl.r make a pr,_, rr:.inary inquiry and call for explanations from the concerned person(s) anci sr bmit his report to the Apex Council not later than 13 davs from the datc r[ reference being made by the Apex Council. On receil)t o[ thc report, th. \pex Council shall forward the same to thc Ombudsman, rvho shall call for ;rll particulars and unless it decides that there rs no prrma facie case arr.j accordingll' drops the charge, hearing shall commen(:c on the case all( he same shall be completed as expeditiouslr as ltossible b_r' prorr:lrrrg a reasonable opportunit-y to the partics of being hcarcl, I[, despite 11-r| notice, any party fails to subn.rit an,v caLlse or submits insufficient caLiri(' the Ombuclsman shall after providing reasonablc opportunit\ of hr:ari g to the parties concerned, pass appropriate order ln the e\.ent ah,\- fri,ty refuses and or fails to appear despite notice, the Ombudsman shall br: a libertv to proceed ex-parte on the basis of the available records and er.idenr:r D. By the Public against the HCA: Where a menr br.- of the public is Aggrieved concerning ticketing and/or access and/or facilities at stadia, the same may be brought in the form of -. :omplaint to the Ombudsman. Procedure: The Ombudsman $'ould adopt the s me procedure as laid down in O above after rcferring the complaint to :h,. CEO to sohcit a report on the complaint.

2. The place of hearir.rg shall be decided by thr: i )mbudsman lrom time to time. The Ombudsman shall have the po\,er to Lr,pose penalties as provided in the Regulations for Players, Team Olflci,tl., Administrators, Managers and Match Officials of the HCA.

3. The decision of the Ombudsman shall be lir;rl and binding and shall come into force forth\\,ith on being pronounced anr: , elivered.

4. An1-Administrator, Pla_ver, Match Othcial, 'l'e...rr Official, Sek:ctor or other individual associated q.ith tl)e HCA on being found guilty and l :) NOK.', w.P.N() 13124 ot:02i expelled by the HCA shalt forfeit all their rights and privileges. He or she shall not in future be entitled to hold any position or office or be admitted in any committee or anY role on the HCA,

5. A Member or Franchise once expelled, may, on apptication made after expirl- of three _r'ears since expulsion, be readmitted by the HCA, provided the same is accepted at a General Body meeting by 3l4th members present and t oting.

6. Pending inquiry and proceeding in to complaints or charges of misconduct or anv act of indisciptine or violation of any Rules and Regulations, the concerned Member, Administrator, Player, Match Othcial, Team Official, or other individual associated with the HCA (along rvith their respective privileges and bcnefits) ma,v be suspended by the Apex Council until final adjudication. Horvever, the said adjudication ought to be completed rvithin slx months, lailing rvhich the suspension shall cease."

4. Heard both sides and perused the record

5. As seen from the record, the requisition given by the respondent No.4 lo the respondent No.6 is dated 27 .Og.2O24 . The respondent No.6 had observed in his report that the claim of the petitioner that his date o[ birth as L2.03.2006 is fake. It is pertinent to note that it is not explained by Respondents as to what was the basis for them to conclude that date of birth of the petitioner is fake.

6. The conclusion dra$'n by the Commissioner of Police cannot be the basis for imposing ban on petitioner as the said report of the respondent No.6 is not conclusive, dehnite and supported by any oral or documentary evidence that was purported to have taken into consideration during the course of enquiry. On the face of the record, the report does not disclose the details of enquiry and the 14 NBK.J $ P \o lSlll ofl()li procedure adopted and which of the officials u,erc (:):amined during the course of enquiry. The report of thc poticc is :;i :nr as to what, where and with whom enquiries r.r,ere madc b-r. I Le police belore coming to the said conclusion. Moreover, the s rr,l report of the police is not acc()mpanied by any documents to sultsr lntiate the said conclusion. The report of police is perfunctorr rncl cannot be allou,ed [o be sustained. As a consequence o[ the stune, imposing of ban for two years by the respondent No.2 rs u.ithr L application of mind.

7. No'a' it is to be seen as to u.he[hcr thc rr'.:1_- rndcnt No.4 is having power t() make a requisition to the resnondent No.6 for making enquiries against the players registerecl $.Lr r the rt,spondent No.3 with regar<l to the genuineness of the birth r t.r-tificatcs ol the players. Pow.ers of the respondent No.4 are sLipLilirled in Rule 24, extracted supra. It is very clear from the intent ar:cl anguage of the said Rule that the respondent No.4 or the responclt,n I No.3 does not have power to make requisition to the Commisr.ioner of police, Hyderabad. The said act is beyond the porvcrs o rhs 165p.r6.., No.4. It is the Apex Council which is governi:rr1 body of the respondent No. I under Rule 14 and the respondlr t No.4 has to function under the supervision of the Apex Co r I n il and cannot derive his ou,n powers sans the Rules. Fronr thc pleadings, it is l-5 NBK ] w I'No l8ll.l ot202i evident that the Apex Council did not confer any such power on the respondent No.4 to make requisition to the respondent No.6 and so also, the power to impose ban on the petitioner which is against the guidelines of the respondent No.3.

8. Under Rule 17, it is the Apex Council alone which is having the power to take action on the erring conduct of a player and not the respondent No.4. Before imposing ban on pe[itioner, Respondent Nos.2 and 3 should have issued notice/show cause notice caliing for explanation and after hearing pctitioncr basing on the submissions, if any made should have placed the reporr prepared by him with the Apex Council to take action in accordance with the Rules and Regulations of Respondent Nos. 2 and 3. Admittedly, no such process was foliowed by Respondent Nos. 2 and 3, who imposed ban on the petitioner. It is apparent on the face of record that ban imposed by Respondent Nos. 2 and 3 is not in accordance with Rule I I 41(6), as such, the act of imposing ban on petitioner is in violation of the procedure envisaged in the Rule stated supra. It is also in the knowledge of Responder\t Nos. 2 and 3 that petitioner is not playing for the State/ HCA for the first time and is a registered player with HCA for considerable time, thercby, the respondent No.4 should have piaced the issue, if any, u,ith the Apex Council and after seeking permission from the Apex Council should have sent the requisition to 26 NDK,J \r. I \., I \lll ol lllll the respondent No.6. Sending requisition to polir'c s:L t-tnilateral action of the respondent No.4 sans the porver ancl ,rrtthoriry under the Rules and l?egulations of the respondent N,r.ll as such the requisition and s() also the report of the respondent l(r'.6 ilrc vitiated, illegal and cannot be allowed to sustain. g. In view of the above discussion, the Writ P,,ririon is allowed and the ban imposed on petitioner is raised. The i, sponderlts are directed to consider the statutory records as per Clr trrleline No. 10 of the respondent No.2 and pass orders in accordar:L e rviLh lau. No

10. Consequently, miscellaneous Applications, ir' ;. ry shall stand closed SO/. B. REKHA RANI ,ATiSI \._ t,'laa"t,o* oFFIcER r' //TRUE COPY// To 1

2. 3 4 6 7I iiltt*L+l:$fttt*st+::ffi ,+ffi ;:;#ni:[:: ll* !,1;''gifJ;ll'L' 6ft [??, Ifr5ff?t!?; e*,"',eq!,1::"^i'' : n Ra j i v G a n d h rriilrXrii""Ii citrret stadium, Uppdl Hvderabad' T^elanga t r rhe Commissroner, Grearer iffJ,;UiM;;l"Ipit CorpSror'o r' CC Complex' Lower g;l::1iffJ3;abad^crtv Por ice com rr''io ne ra te Roa d No 1 2' Ti lL?li'i, #"L%::? Bil ffi [' S# 8flft l?fl tii'RE?ffi",'o'J"'#," toi! 9, TwoccstocPFoRsponr'e-nig"n'ciii'iiJtind-sr'tecII':lansana atHvderabad ii'?*:g::qSEf tmf'*pln:r',ir:lr-?-rd',*,ti;::,,Hvderabad '13. Two CD CoPres touTl PSK. GJP I I HIGH COURT DATED:2510712025 ORDER WP.No.18224 of 2025 ALLOWING THE WRIT PETITION WITHOUT COSTS -/4.'.-C- /{- l)^ 23 stP mfr 1)- // -:>