lvtr. Anudeep Jawaii v. 1. The State of Telangana

Counsel for the Petitioner: SRI p.RAJA SRIPATHI RAO, SENIOR C;OUNSEL Counsel forthe Respondent No.1: AGp FOR SPORTS Counsel for the Respondent No.2: SRI C.DAMODAR REDDY, SENTOR COUNSEL FOR BCCI 9:y.f:lfor the Respondent Nos.3 & 4: SRt S.ASHOK ANAND KUMAR, sENtoR FOR HCA Counsel forthe Respondent No.S: Gp FOR HOME Counsel for the Respondent No.6: SRI M.ARUN KUMAR, SC FOR GHMC The Court made the following: ORDER couNsEL FOR SRt N.OeNcedien, sc FOR SRI S.ABHAYA (UrVrAN SICAN, SC HON'BLE SRI JUSTICE NAGESH BHEEMAPAXA WRIT PETITION NO .33997 0F 2024 ORDER: Petitioner questions imposition of ban for two years,' effective from 04 / ll I 2C.24 to O3/ I | 12026 from participating in the BCCI or State Association Tournaments and consequently, seeks a direction to respondents to consider the statutory records as per Guideline No. 10 of the 2nct respondent' It is the case of the Petitioner that for lhe year 2024

2. he got registered with the Respondent No'2, for the dom'estic season 2024-2025 under -19 Vinoo Mankad Trophy in compliance with the guidelines of the Respondent No 2, with Player ID:18844, ard in compliance, documentation that is furnished. On 16l09 12024' required/ stipuiated Respondent No.3 Association had formed six teams to participate in Under-19 probables scheduled from 16h to 21st matches were organised for September 2024, the said identifying/ selecting PlaYers for the state Leam to PlaY and O4/LO|2O24 and based on the Vinoo Mankad TroPhY on performance in the probables malches, Petitioner is selected for the State team of Telangana to participate in Vinoo Mankad Trophy, afhrming his eligibilify and competence as player in the 2 category Uncicr 19. While matter stood thus, in Octob,:r 2024, representativt of Respondent No.3 Association had c,)ntacted Petitioner and requested to share orp verirrcation of Aaclhar Card on Lhe pretext of completing registration with BC]C t for the upcoming tor-lrnament and trusting the said rcprcsentation, Petitioner shared OTp verification number; thereafter, p( rtitioner is refused from taking further participation in thr: team including tra ining session without giving anv notrr__e and intimation; a t this point of time, he realized thz t OTp verification nrunber shared by him was used to access the his Aadhar historr without his consent which is vrolarion of provisions of t ie Aadhar Act. (GHMC) vide It is further case of petitioner that his fath er had cancelled his Birth Certificate in 2079 by follou,in g due procedure u'itlr Greater Hyderabad Municipa I Corp, rration Doc. No. 1903/B&D/AMOH/H&rj/CrR_ 29&30/GHMC /2019 dated: OB/OZ /2olg, despire rhe same, Responderrts 1) and 3 unfairly came to a conclusior r that Petitioner is guilty of misconduct and excluded him from participating in 'looch Bihar Trophy 2o24-2o2s without h,raring him. Responderrt No.3 on 27 / 10 / 2024 behind the berck of Petitioner initia t,:d inquiry into the alleged discrepancy of Birth 3 Certificate. Respondent No'3 sent a requisition to the Commissioner of Police, Hyderabad to conduct inqurry' Petitioner submits that due to the clerical error in the Original BirthCertificatedated: 010112006,andupon.realizingthis discrepancy, he took steps to correct the same and on 07 lC/3/2Ol9,his father approached GHMC Authorities and after reviewing the document presented and verifying the circumstances,GHMCAuthoritieshaveoflrciallycancelledthe Birth Certificate dated lO/Oll20Cl6, and Birth Certificate dated lol1112006 remains valid and accurately reflects the date of birth. The said step of cancelling the hrst Birth Certificate has been clone transparently and by following due process of law' It is stated, as on the date of filing Writ Petition' Petitioner is holding only one Birth Certihcate showing the date of birth as 1O/ 1 1 /2006, and said date of birth is used and is recorded in.ail other statutory records namely Secondary School Certificate, Passport, Pancard, and Aadhar Card' Respondent No'2 hled counter contending that they 3. are responsible to ensure that all its tournaments are conducted in fair environment and no undue advantage can be taken by any player and had put checks and balances to ensure levei playing held for competitive participation of players in the age 4 to rrnaments. A Circular bearin5r No. BCCI/HQ/3zt /' (M2) I|TBZ /2o2O dated 3t.OZ.2o2o wa:.; issued introducing the "Voluntary Disclosure Scheme" b1 which players were cncouraged to reveal their actual date of birth before 15.09.2020. If the player did disclose the actua date of birth, he rvill :ro[ be banned and will be ailowed to play in the tournaments and if the player failed to disclose a nd had submilted fake, certihcate, will be banned for two years. It is the further case of Respondent Nc,.2 that Petitioner is,r registered player with Respondent No.3 and is required to produce the correct and genuine documer rts ancl undergo T\I':l test. Hyderabad police had corLducted investigation ,tn the documents submitted by him ancl found thal date of lrjrth certificate submitted by petitioner ditcs not belong to hinr and that correct date of birth is 1O.0 .2006. t hercby. petit i, ) rer was banned for two years.

4. Rr.spondent No.3 represented by its Secretary had Iiled a separatc counter opposing the reliefs. Respondent yo.3 is functioning urcler the aegis of Respondent No.2 and witlrin the frame work of the Respondent No.2. Their case is that as ter the Aadhar histor,, of petitioner, initial enrolment is of th,: date iO.O1.2006, arrr[ thereafter, an update was made on 2T.O,,1.2O21 \_r .\ 5 wherein the date of birth is changed as 1O'1l2CC,6' Respondent No.3 had sent a requisition to the Commissioner of Police' Hyderabad, for conducting enquiry in relation to the particulars provided by the players. Basing on the report of the Commissioner of Police Hyderabad, Respondent No'2 had taken decision to ban Petitioner. If Petitioner is aggrieved by the said ban, he shall avail the grievance redressal mechanism and can resolve his grievance by approaching the Ombudsman ln view of the alternative remedy, the Writ Petition is not maintainable' It is also contended that it is only a facilitator for the player selection process and not decision-making authority and selection committee is the only authorily to decide upon the selection of plaYers. Heard Sri P. Raja Sripathi Rao, learned Senior 5. Counsel on behalf of Sri Aditya Goud, learned counsel for petitioner, learned Assistant Governmeirt Pleader for Sports' Sri S. Ashok Anand Kumar, learned Senior Counsel on behalf of Sri N. Gangadhar, learned Standing Counsel for HCA and Sri C' Damodar Reddy, learned Senior Counsel on behalf of Sri S' Abhaya Kumar Sagar, learned Standing Counsel for the 2"d respondent. I 6

6. [];rsed on the pleadings of the parties to Writ Petition, the point that falls for consideration is, whe lher the ban imposec bv Respondent No.2 and 3 is sustainable and valid?.

7. l'tre first and foremost that has come to this Court,s notice is that - here is no official service of order of ban imposed by Respondent No.3 on petitioner. From the material i vailable on record, it rs apparent on lhe face of the record that S:cretary of Responderr- No.3 has sent a "Whats App/Short l,4essage Service" message to Petitioner on 14.1 1.2024. The contents of the said messjilge are self-explanatory. The genesis ior ..he said ban had startrd from Respondent No.3 and Respondent No.2 relied upon tlr,: information sent by Respondenl No.3 ir;ter alia the report o' Commissioner of police, Hyderabacl a rd had passed thc ordcr of Ban. The action of Respondent No.2 is wholly vr.ithor u. application of mind and had blindly l ollowed whatever Resltondent No.3 had furnished. It is not the case of Respondent No.2 that it was furnished the enquiry report of the Police and tht. procedure that was followed and adopted for the said enquin, 'or drawing a conclusion that Petition,:r had submitted fakr: documents. ) \ 7

8. lt is nobody's case that order of ban imposed on Petitionerwasservedonhim.Thelmpugnedorderfiledbefore the Court is "Whats App/Short Message Service' message The saidorderisbereftofdetailsandlacksreasoning.Reiyingon- the said report, Respondent No 3 had concluded that Petitioner submittedfakebirthcertificateand'inturn'informed Respondent No-2 which concluded that Petitioner had submittedfakebirthcertificatetoRespondentNo.l,thereby imposed ban on Petitioner' For adjudication of this lis' it is necessary to 9. consider rules and regulations of Respondent No' 1' 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 Hyderabad Circket Association" in Telangana Regd Resistration Act' 1110 L"di $tt '..:: under the A.P.(TA) Pubtic s;;;t iaio p""iif bearing Registration No 2077 1961 '"cEo" is the chief Executrve ;fi;;;il" w. "PLAYER' is any Cricketer past or present registered with HCA or any ol Include any pirson selected in any squad its Members as a player utta or Junior "f,^if to represent HCA in a r.", rti"tlrt, oDI toui maJg!' lienW/2o M"tct conducted by HCA / BCCI in Telangana' i.rr.ir*".r, Match or India or Abroad." .CHAPTER-IV COVERNANCE "rppol.'tta bv the Apex Council as set out in Rule 23' ".ry Ha^ 14, THE APEX COUNCIL l. There shall be an Apex Council for the HCA which-shall be primarily responsible for the governance of the affairs of-the HCA- of whom S shall be 2. The Apex Councit sttati ioipr.i"t ot S the clected Ofn.. nt"ttt" tt'per Rule 6 and the remaining 4 shall be: -Councillors 8 . A. ()lrc to be elected by the FuI Members of the HCA fr.rm among l't:ir represen la I ives; b. Two, one male and one female, to be nominated by the plavers A ssociation from amongst rlti,se of ils members who hail from Teiangana: c. One to be notninatcd by thc Comptroller and Auditor General oi, .elangana from amor]g tlrr ser-ving senior functionaries of the C&AG,s office, co_ terminus with tl1,r nominee's tenure; " I5, POWI]RS A\I) FUNCTIONS OF THE APEX COUNCIL 1 The affair; of the HCA shall be governed by the Apex Council and its frameuo 'l: of governance shall: iv. Ensure a disr ributron and balance of authority so that no single r ndividual has unfetterr:d po,"vers.

2. Tht: Ape: Council shall have all the powers of the General lody and authorit] and discretion to do alt acts and things except su( h a;ts as by these rules are expressly directed or required to be clotLe by. the Gelteral Body Exercise of such powers, authorities and r tiscietion shall be srrblect to the control and regulation of the General Bodv. No regulatiorl shall retrospectivety invalidate any act of the Apc... Council u'hich rva s otheru'ise valid.

3. The Apex C,rrrncil shall exercise superintendence over the CEO, the Cricket Committe:s, and the Standing Committees in the discharg.r of their duties generally, irnd in particular, in accordance with any general < r special direction of the Ceneral Body, except for the Governing Council o. the TIL which is directly accountable to the General Bodv. 4. In additiorr to and without prejudice io the generalitl, ot. powers conferred clirectlv or by necessary implication unJer these R.rles and regulations and the Memorandum of Association, the Apex Courrcil shall exercise the [)c rvers and perform the duties here after mentioned: D. To institute or defend any action or proceedings for or against the HCA or against an1' Offic,: Bearer or employee of the HCA. N. To frame, in consultation with the CEO, rules for the appointment of Managers, SecreLrries, Administrative Officers, peons and othet senice personnel ard st;rJT and for payment to them and other persons in rr rturn for their senices r-e:rCered to the HCA, salaries, wages, gratuities, p_-nsions, honorariums, cornpensations, any ex-gratia puyln"rlt anl/or provide:nt fund and_ to regulate discipline by suspending, fining, removing, or disrmissing such employees. Q. To either on its own, of through its delegate, entertain, hr.ar, and decide admir.r istrativc appeals by employees or other directlv affected parties agair.rst the orders of the cEo or the cricket committeeri as the case ma]. be. 16. HCA JURISDICTION OVER PLAYERS, MATCH OFFICIAI,S & I'EAM OFFICIALS O},- MEMBERS 9 The HCA shall have concurrent jurisdiction and control over Players, Match Officials and Team Officials within the jurisdiction of a Member Such individuals participating in cricket under the aegis of a Member shall be deemed ipso facto to submit to the jurisdiction of the HCA. 17- CONDUCT OF PLAYERS The Apex Council shall have the power to enquire into tht conduct of any Player wrthin its jurisdiction and may take such disciplinary action against the Player as the Apex Council may deem fit, which decision shall be final. 18, ENQUIRY INTO CONDUCT OF PLAYERS, MATCH OFFICIALS, ADMINISTRATORS, ETC, ln the event of the HCA enquiring into the conduct of a Player, Match Official, Administrator, etc., the HCA shall proceed in the manner prescribed in Rule 41-" "CHAPTER.V MANAGEMENT 23, THE CEO 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, who shall be a management professional with management experience of at least 5 years as the CEO/MD of a company with a turnover of at least Rs. 1OO crores The CEO shall be assisted by not more than 6 fult-time professionals (Managers) who shall be appointed by the Apex Council in consultation with the CEO essentially to govern the streams of hnance, technical, infrastructure, law, media, and hurnan resources. The CEO may however realign or re-allot these streams as he deems fit. 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 ciicket or other sports; b. . Understanding of financial position and irscal direction of the 2 3 HCA; c. Knowledge of operations of cricket administration and overall d. Clarity on role, division of responsibilities and hierarchy, and e- Famitiarity with regulatory and legal responsibilities as well as policy: attendant risks

4. There shall be an appropriate induction process laid down by the Apex Council for the CEO and the Managers, which shall include a fair and transparent process of appointment.

24.. THE FUNCTIONS OF THE CEO l0 'l'ire CEQ shall have the following functions on behali o{ the I t(JA: 1 To implement all the Rules and Regulations rrade by the (ioverning Bod1, 264 the Apex Council as regar d to non- , ri' keting mal ler s. i. To issue guidelines in respect of travel, accom modation, allor.r,ances, etc., to be paid to players, support staff and- officials participating in matches, other than int,rrnational matches. ir. 'l'o lease and manage immovable property of the HCA u,herever situated, in order to promote the ob,(cts of the HCA. zl- To lay down parameters for the laying of glrunds for playing the game and to provide par.ilion, calrteen and other conveniences and amenities in connection herewith. 5'. To appoint Team Officials for the teams rv| ich shall compulsorily include qualihed coaches, -nanagers, ph],siotherapists, nutritionists, trainer-s, analysts, counsellors, and medics. However, the IIead Coa :h of each of the State Teams shall be appointed b\. tte Cricket Adl,isory Committee referred to in Rule 26(2)A (ii) beloiv, 6. To secure Players' welfare to ensure that th( logrstics manager will arrange for accommodation and travel, to ensure that tickets given to Players for matches rvill be on par with those given to the Members, and to a|;o ensure that no expenditures towards the game (baggage handling, injury related- Etc.) $,ill be undertaken by tl e Player, failing which such expenses !\,.ill be reimburs rd to the Player within 30 working days of the requisit ion being made. Also, to process requests made by P1ayer-r to make arrangements for the accommodation and travr 1 of their respective wrves/ partners/ lamily members, ra,hercver permitted.

7. To ensure that all measures are adopted to elilrinate any form of racial, communal, caste or other hatred from the game, with stringent action taken against the offenders including the initiation of criminal proceedings.

8. To start and maintain a library of books, prrriodicals, DVDs, and other databases on Sports in ger reral and Crrcket in particular, and to publish journals, tr roks, and other material as rvell as the official website of th(. HCA. 9. To produce by itself the Cricket content Ior t'rlecast of cricket matches and or ceremonies b1' hiring rrr owling equipment and hiring necessary crew. Technician s, etc. i0. To pubticize the stadium capacity of all stadia across the country with compulsory seat numbers, tc provide transparent online and offline ticket booking ser,'ices with reasonably priced tickets and maximizc the accr.ss of the public to the games. 11 To provide at stadiums, wholesome and hygicnrc food and beve1ags5 at affordable rates, clean and hr.qi:nic rest I ) rooms for all genders and for the differently-abled, adcquate fire and emergency entries and corridors' Sufficient access avenues and wheelchairs for the different$-abled, proper sigrrage, parking, and transport facilities as well as efltcient security systems. 12.To arrange and organize the all types of matches in Telangana including BCCI maiches to be held in Telangana or for University, Schools, or other tournaments. or for any Exhibition matches between members and 1or between the Universities/schools/corporates/other institu tions/ others in Telangana including regulations and bye-laws in respect of trasel, accommodation, allowances to be paid to players and olhcials participating in such matches.

13. To frame guidetines generatly for the convenience and ease of day-to day management of affairs of the HCA.

14. To prescribe guidelines to layout or convert any ground int; 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 [ndians in the game of cricket and to encourage participation' of all sections of society- 15. To assist the Cricket Committees and facititate the 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. implementation of their tasks and recommendations'

17. To create a database of all cricketers at all levels, maintain records and statistics, track Performances and certify age and idenl il.y of participanls. 18. To take stips 1o create world class infrastructure at all Ievels in all areas across the State To coordinate wifh State/District and other associations, to conduct tournaments, to provide better access to the public, with particular reference to women and the disabled' 19- io put in place mechanisins to encourage Telangana cricketers to play nationally and intemationally and hone wider talent pool is available to their skills "o represent the state/country

20. To sign and enter transparently into contracts for-and on beha"lf of the HCA including with third parties and vendors for the purposes of the various Committees of the HCA' and to ensure that in all contracts for television and media rights, the interests of the public remain uncompromised' t tt, unhindered broadcasts of alt deliveries and their "ia replays are shown. 21. To report to the Apex Council every quarter or as often as requiied by the Apex Council on the functioning of the -".rrg.-.r-,t and the progress made in developing cricket in India. it.t " t2

22. To consider the reports of the Auditor, to vcrif,. u'hether Ful[ Members are meeting their objeclives and to assess whether cricket is being suitably developed and promoted across the state. 23 To consider all applications for financial aid or any other benevolence to cricketers, Umpires, and adrninrs rators as per the rules framed by the General tsod-v in t ris behalf from time to time and recommend the same to the Apex Council for their approval. 24 To examine all the expenditure exceeding the Blldget and to control such outlays as are requircd for tJLe proper administration oI the HCA

21. To advise the HCA regarding inveslmenls. 25. To process requests made for increase in all types of allowances, subventions/ subsidies to be pai(l to the Members, tariff for Coaching Camps, Coaching tjubsidies to the Members, allowance to the plavers lor r atches of different Trophies and when playing against different sides, both at home and away ancl to recommetl(l the same to the Apex Council. 27 To do all acts and things which are delegatcd b] the HCA and Apex Council to him, and all othcr functio ls aS are necessary and expedient to carry out the ob-je(ts of the HCA as aforesaid including carr], on correspondei Lce in the name of the HCA.

41. GRIEVANCE REDRE.SSAI

1. The t5.pes of disputes/differences that form the Ombirdsman,s alnbil and the procedures for redressal are; A Member, Association & Franchisee Disptrtes: Any lisputes between or among the HCA, its Members, T'll- Fra rchisees and the Cricket Players' Association shall be autor natically referred to the Ombudsman. Procedur,:: Both parties would submit their arguments and :r hearing v,ould be conducted following the principles of natural Justice and exercising all powers of enquiry and hearing as the C)mlrudsman deems ht trefore appropriate orders are passed. b. Detriment caused by Member or Administrator: If anv Men ber or any A(lrninistrator of the HCA commits any act of inclis<ripline or misconduct or acts in any manner which mavor likell, to be detrimental to the interest oi the HCA or the game of c.icket or endanger the harmony or affect the reputation or interest of the HCA or refuses or neglects to comply with any of thc provisiors of the Memorandum and/or the Rules and Regulations of thc IICr,, and/or the Rules of conduct framed by the HCA, the Apex Council, on receipt of any complaint shall issue a Show Causc Noticc ci Llling for ( \ l3 explanation and on receipt of the same and/or in case of no cause or insuff,icient cause being shown, refer the same to the Ornbudsmai' Procedure: The Ombudsman shall, after providing opportunity of hearing to the parties concerned, pass an appropriate order. c- Misconduct or Breach by Others: In the event of any complaint being received from any quarter or based on any report published o4 circulated or on its own motion, oI any act of indiscipline or misconduct or violation of any of the Rules and Regulations by any Player, Umpire, Team Official, Selector or any person associated with the HCA, the Apex Council shatl refer the same expeditiously to the CEO to make a preliminary enquiry. Procedure: The CEO shalt forthwith make a preliminary inquiry and ca[1 for explanations from the concerned person(s) and srrbmit his report to the Apex Council not tater than 15 days from the date of ..i.."... being made by the Apex Council. On receipt o[ the report, the Apex Council shall forward the same to.the Ombudsman, who shall ia[ for alt particulars and unless it decides that there is no prima facie case and accordingly drops the charge, hearing shall .o--..,"a on the casc and the same shall be completed as expeditiously as possibte by providing a reasonable opportunity to the parties of being heard, If, despite due notice, any party fails to submit ".r". or. submits insufficient cause, the Ombudsman shall after ..ry providing reasonable opportunity of hearing to the parties concerned, pass appropriate order [n the event any party refuses and or fails to .pp.^i a."pit. notice, the Ombudsman shall be at liberty to proceed ex-parte on the basis of the available records and evidence D. By the Public against the HCA: Where a member of the public is Aggrieved concerning ticketing and/or access and/or facilities at th. same may be brought in the form of a complaint to the "6-di", Ombudsman- dure: The Ombudsman would adopt the same procedure as laid down in O above after referring the complaint-to the CEO to solicit a report on the.complaint- 2- The plaie of hearing shall be decided by the Ombudsman from time to time. The Ombudsman shall have the power to impose penalties as provided in the Regutations for Players, Team tlffrcials, Administrators, Managers and Match Offrcials of ttre HCA. 3. The decision of the Ombudsman shall be final and binding and shall come into force forthwith on being pronounced artd delivered.

4. Any Administrator, Player, Match Official, Team Offlcial, Selector or tther individual associated with the HCA on being found guilty and expelled by the HCA shall forfeit all their rights and privileges. He or she shatt not in future be entitled to hold any positioin or office or be admitted in any committee or any role on the HCA. l4

5. A Merlber or Franchise once expelled, may, on applica lion made a{ter expiry of three years since expulsion, be readmit ed by the HCA , provided the same is accepted at a Gencral BodY r-reeting by 3/.11, members present and voting.

6. l'enrling inquiry and proceeding in to complaints or ,:harges of mis( onduct or any act of indiscipline or violatron of an1, Rules and Regrrlations, the concerned Member, Ad-rilinisrrator. pla...er. Match Official, Team Ofhcial, or other individual associateri \\.it l the HCA- (alor,g with their respective privileges and benelits may be suspended by the Apex Council until final adjudication Ho*,ever, the said adjudication ought to be completed q,ithin si.i months, faiiirt which the suspension shall cease."

10. As discussed supra, the genesis of this l,s is the requisition grven by the Chief Executive Officer of Res pondent No.3 to the C'ommissioner of Police, Hyderabad vide lett,:r dated 27 .O9 .2024 . This letter is not filed by Responclen t No 3 aiong with the counter, thereby adverse inference has to bt. drawn againsl them. This Court is taking judicial notice of lhe said fact. It is not known as to what are the documents that are furnished to t.he Commissioner of police by the CEC, of the Respondent \o.3 qua Petitioner for verihcation. Thus, it is doubtful as tc on what basis the Commissioner of police had conducted enquiry/verification of the documenLs of petitioner. 1 1 . Along with counter, Respondent hacl fi ed the report of the Commissioner of police Hyderabad, dated

04.71.2024.In the caption of subject of the said letter/r,:port of the Commissioner of Police, dated 04.11.2024, it is me ntioned as "Detailed ()lquiry of Dates of Birth in respect of tlre U19 1 l5 Men's Cricket players selected for BCCI registrations Submission of report:-regd". In this report, the name of Petitioner is reflected at Serial No.3. In this report observation is made that "birth certihcate vide Regd No.984, dated 30. i2.2O06 with DOB l0.l 1.2006, does not belong to him, hence it is fake. But the candidate had utilized his fake birth certihcate for his school, colleges, etc. Moreover, the birth certificate vide Reg. No. ll7 12006 dated 18.01.2OO6 with DOB 10.01.2O06 belongs to petitioner. Hence, his claim of date of birth 1O.1 i.2006 is fake." The report of Police is silent as to what, where and with whom the enquiries were made by Police before coming to the said conclusion. More so, the said report of Police is not accompanied any documents to substantiate the said conclusion. The report of police is perfunctory and cannot be allowed to be sustained. As a consequence, imposing of ban of two years by Respondent No.2 is without application of mind.

12. 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 requisition by CEO to the Commissioner of Police, Hyderabad, for enquiry is questionable. The Registered/ administrative office of the I"t Respondent is within the territorial jurisdiction of the l6 Commissionr:r' of Cyberabad. As such, what made the CtrO of Respondent \o.3 to send requisition to Commissioner rf Police of Hyderabarl u.ho does not have territorial jurisdrction is not explained by llespondent No.3. Further, as discussed st:pra, the report of Cornmissioner of Police is not conclusive, defi rite and is not suppo.lcd by any oral or documentary evidence hzrt was purportcd to Lrave taken in to consideration during the course of enquiry. On ll-re face of the record, the report does not disclose the details o1'enquiry and the procedure adopted ancl ,vhich of the ofhcials v,t:re examined during the collrse of enquiry

13. \ow it need to be seen as to rvhether the 4tl1 respondent is having power to make a requisition to t he 6h respondent f,r: making enquiries against the playe rs rr gistered with the 3.d -r-'spondent inter alia the genuineness o[ t.re Birth Certificates. l)rlr rers of the 4tr, respondent are stipulated in Rule 24, extracterl supra. It is very clear from the intt.nt and language of ihe said Rule that the 4ft respondent or the 3.d respondent cJ.oes not have power to make requisitior to the Commissioner of Police, Hyderabad. The said act is be1, ond the powers of the.lth respondent. It is the Apex Council r,,hich is governing bor1.,. of the 1st respondent under Rule 14 anc thc 4e 1 17 respondent has to function under the supervision of the Apex Council and cannot derive his own powers sans the Rules. From the pleadings, it is evident that the Apex Council did not confer any such power on the 4t respondent to make requisition to the 6th respondent and so also, the power to impose ban on the petitioner which is against the guidelines of the 3'd respondent.

14. 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 4h respondent. Before imposing ban on petitioner, Respondents 2 arrd 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 envisaged in the Rule, supra. It is also in the knowledge of Respondents 2 and 3 that petitioner is not playing for the State/HCA for the first time and is a registered player t- *"r' l8 with HCA fo- considerable time, thereby, Respondents 2 and 3 should have nlaced the issue, if any with Apex Councril before sending reqrrisition to the Commissioner.of Police, H1 derabad and the act of imposing ban is illega1, arbitrary and without power ancl ar l thority.

15. I t is an undisputed fact that petition,:r is a registered pLr'',er i.r,ith HCA and is playing for the StateT HCA for considerable time, thereby, the 4th respondent shorrld have placed the issue, if any, with the Apex Council and after seeking permission I:lm the Apex Council should have sent re,luisition to the 6th r:spondcnt. Sending requisition to poli,:e is a unilateral a< tion of the 4th respondent sans the po.r.er and authority unr:I,:r the Rules and Regulations of the 3.a res pondent as such thc requisition and so also the report of the 6rh respondent ar,-- r.itiated, illegal and cannot be allowed to sustain. That apart, as per Guideline 20, Aadhar Card is only a proof of place of residence. While so, insistence of the 3d respondent for sharing OTP 1om Players is not correct.

16. I'r view of the above discussion, the Wrrt Pe tition is allowed ancl tl're ban imposed by Respondent No.2 is raised. Respondents arc direc[ed to allow petitioner to participar e in the t9 forthcoming tournaments to be held by Respondents 2 and 3. No costs

17. Consequently, miscellaneous Applications, if any ,, shall stand closed. //TRUE COPY// SD.K.SREERAMA DEPUTY RE URTHY ISTRAR SECTION OFFICER To Hvderabad. Telanqana, State of Telangana.

1. The Principal Secretary, Sports Qepartment, TS Secretariat Building, Z. itie Seiieihry, eo6rO of Control for Criaket in lndia, 2nd Floor, Cricket Centre, g. fhe Secretary, Hydera'bad CricketAssociation' RGICS, Uppal, Hyderabad, +. fne C-nieiexecutive Officer, The Hyderabad Cricket Association RGICS, Wankhede Sfdaium, D, Church Gate, Mumbai, Maharashtra, lndia' Telangana. Uppal, Hyderabad, Tehnqana. s. C5ftr-niis*onerof Police, Hvderabad, Road No. 12 ,Baryara Hills Hydera.bad' O. itre Commissioner, Greatdr Hyderbad Municipal Corporation, CC Complex, Lower Tank Bund, Hyderabad, Telangana. Hyderabad. [OUT]

7. One CC to SRI G.AtilTYA GOUD, Advocate [OPUC] a. iwo CCs to GP FOR'SPoRTS, High Court for the State of Telangana, at 9. Ti/o CCs to GP FoR HOME, High Court for the State of Telangana, at 10.oire cc ro sFil N.GANGADHAR, SC FOR HCA IOPUC] i i. On" CC to SRI S.ABHAYA KUMAR SAGAR, SC FOR BCCI [OPUC] '12.One CC to SRI M.ARUN KUMAR, SC FOR GHMC [OPUCI 13.Two CD Copies Hyderabad. [OUT] PSK LS HIGH COURT DATED:0310412025 B ORDER WP.No.33997 of 2024 t,' :'-- 1t tt 'i B: q ) o o 10 APrr u[25 t oFSPnr( tr sC t \ a-\li \\ :\:r ALLOWING THE WRIT PETITION WTHOUT COSTS \ ?< o\t \