Mr. Chirag Yadav v. 1. The State of Telangana
Case Details
Counsel for the Respondent No.1 : Gp FOR SPORTS !9un9el for the Respondent Nos.2 & 4 : SRt S.ASHOK ANAND KtJMAR, SENIOR COUNSEL ON BEHALF OF HCA AND SRI C.DAMODAR REDDi, LEARNED SENIOR COUNSEL ON BEHALF OF SRI S.ABHAYA KUMAR SACAN, LEARNED STANDING COUNSEL BCCI Counsel for the Respondent No.3 : SRI N.GAGANDHAR Counsel for the Respondent No.S : SRI M.ARUN KUMAR Counsel for the Respondent No.6 : G.p FOR HOME The Court made the following ORDER HON,BLE SRI JUSTICE NAGESH BHEEMAPAKA WRIT PETITION No. 3 4978 0t 2024 ORDER: Heard Sri P' Raja Sripathi Rao' learned Senior' Counsel on behalf of Ms' B' Nishitha' learned counsel for petitioner, Sri S. Ashok Anand Kumar' learned Senior Counsel on behalf of HCA and Sri C' Damodar Reddy' learned Senior Counsel on behalf of Sri S Abhaya Kumar Sagar' learned Standing Counsel BCCI' Petitioner is before this Court to declare the ban 2. imposed on him for two years' effective from 04 'll 2024 to 03.11.2026 and preventing him to play the tournaments conducted by Respondents 2 and 3 as illegal and violation of his rights. It is the case of Petitioner that he is highly skilled 3. and playing cricket for nearly a decade' with outstanding credentials, diligence, and accomplishments in various state and national-level tournaments' In 2O2l ' he was registered with the 2'd respondent - BCCI uide lD No' 18774' in full compliance with their guidelines and regulations and since then' he played for various tournaments representing the State of Teiangana; in 2 October 2024,lte was the captain of Hyderabad team fo; Under_ 19 for the toru-nament Vinoo Mankad Trophy held at Mohali. The grievance ,rf Petitioner is that Respondents 2 and 3 have arbitrarill- irr posed a lwo ye ar ban and the si rme is communicated uide e mail dated 14.11.2024 to petttioner,s address (chiragvalid [email protected]). The acLron t.1e 2nd respondent is in-rpugned in this Writ petition. 4. Ttu: contention of petitioner is that rvithout issuing any formal not cc or conducting a fair inquiry and in violation of principles oI nirlura] jusrice, respondents imposecl br n and there is no oppo rtunity given to him to present his defer: ce and to be heard despite sending multiple e mails requesl.ing to furnish a copv .f report of the policc based on which bi Ln r.n as imposed. Accor-Cing to petitioner, imposing ban is a unilateral decision and ,,.rolates his rights and undermines th,r very essence of fairn,:ss and transparency in administrative acl ions. 5. In the e mail dated 14.11 .2024 address,ed to petitioner by thr. Secretary of the 3.d respondent _ Associar ion, it is informed that enquiry was initiated by the 3.d respc,ndent with the 6tL resoondent to verify the documentation subrnitted by Petitioner with the 3.d respondent and based on the firrdings of the said investigation, the 3'd respondent submitted report to BCCI for appropriate action as per their guidelines' which for submitting fake consequently, imposed ban on petitioner document effective from 04 ll'2o24 till 03' 1 l:2026 in all' . tournamentsandaftercompletionofbanperiod,petitioner would be eligible to participate in senior men's tournaments' Petitioner relies upon the guidelines issued by the 6. 2nd respondent. Guideline No' a (iii) explicitly mentioned that players who were registered on line by Association concerned in any of the seasons from 2O18-19 to 2023-24 ' need not register again using the "common form" ' Petitioner being a registered player since 2O2l-22 season is under the category of "Registered Players" as delined by the guidelines of the 2"a respondent' Thereby there is no necessity for petitioner to undergo any fresh registration process for the sr-rbsequent seasons' However' he had provided all the relevant documents to substantiate the same showing his existing registration as Player ID: 1877 4 ' Guideiine No. 4 is extracted hereunder:- Online Registration of fresh and Registered player (men & women) (or 2024 25 season i. As you are aware that the season 2018-19 is the benchmark for all therefore' a.plaver who is registered players regrstral't; ;;tp;;"' online by rnt to"r:"?t'"L Association during ihe season 20l8 l9 4 l1 l1l v1 nill n >r have to fill this common form for the subsequeot cricket seasolls. Fresh ;tJav,:rs are those players who are not registered online in the seirsor i 20 1 8- 19, 20 19 20, 2O2O-2t, 2O2 t _22, 2022_23 or 2023 2.1 It ir; mandatory for the concerned association to re€.ister only such playcrs by using this "common form". Registere(, players - are those players \&.ho aie rcgislered onl:ne in the seascrrL 2018 19,2019 20, 2O2O-21, 2O2t_22, 2A22_23 & 2023 2.+ 'I'he concerned association should not re_regrster thesre players online b_r' using this "common form. the season ZC 2+_25, if selectec to participate rn the BCCI Tournaments for tfre season 2024:n25. Horvever, e\.ery year it is mandatory for each state asso( iation to rtpJoacl online in the "BCCI ODMS players Online Regis-ration" a -- covcrirUt letter in that specific folder/age group, confirmirrg the list Horvevcr, e!.er] -year it is mandatory for eich state association to uplozro :lnline in the "BCCI ODMS players Online Regisl ration" a coverrrE, letter in that specifrc folder/age group! conhrmirrg the list of 1 22 seasonOfPla-vers who are rJgisteredT se tected for that season of BCCI and specifically pointing out the lresh players and re registered players along with their player id availabLe in the BCCT ()DMS for the seasorr. All fresh pla.yers who have been granted NOC to plav for your AssocizLtron as a local or guest player for the current :lomestic season roust be registered online by using ,.common form,,," Th,: last-minute ban imposed on petitioner rot only lacks legal basis but also disturbs his focus and commitraent to the spor[, and iln unnecessary obstacle was fonvarded in the name of "veriflc a.tion" by the 3..r responclent which is ma( le with a motive to sirleline promising players who have cliiigently adhered to the r\ssociation,s established requirements. 7. Prior to verification of documents ol petiticner in 2024, through rlommissioner of police, Hyderabacl, th,r very ofhcer in 2023 had conducted another enquiry on the reqr test of the 3.a resporrrlenL into the documents of petrtion()r on ) 3O.Og .2023. Petltloner' coope rated with the Cornmissioner of Police, Hyderabad by submitting all the requisite documents and on 07.lO-2O23, an official report issued uide letter No' SB- HYD]4244 lV4l2O23 confirming the genuineness of all the- Petitioner's documents and in the said letter' it was explicitly statedthatalldocumentsaregenuine.Asagainstthesaid report inviting a second verification in 2024 by the 3'a respondent is with a mala fide intention and is by design' Petitioner refused to share Aadhar OTP verihcation 8. with the 3'd respondent and even otherwise' the demand of the
3.drespondcntseekingAadharoTPverilicationisagainstthe guidelines of BCCI so also the Rules and Regulations of the Respondent. No.3. It needs to be considered from the guidelines of the 2'd respondent and the Rule and Regulations of the 3'a respondent as to whether both the Associations are empowered to demand Aadhar OTP verifrcation pas's-codes from the Players enabling them register with BCCI' It is also needed to be considered as to the consequences that fall upon in the event of players refusing to share Aadhar OTP verification with the State Association and also the 2'd respondent' The second enquiry that is initiated by the 3'd respondent - Associat]on on T 6
27.O9.2024 rs initiated into the alleged discrepirncy of petitioner's Bir-r.h Certificate along u,ith certain other U 19 men,s players registr:r'ed for Vinoo Mankad Trophy. In the saiC letter, the 3.d respondent cxplicitly acknowledged that the oflice of the. Commissioner of Police, Hyderabad had earlier vcrifted and cleared the bjrth certifica[e of petilioner as original and had confirmed its authenticity. However, despite this officiai clearance, the 3.d respondent had imputed petitioner that he was not cooperating in disclosing his Aadhar Historl, claiming that such disclosure is a mandatory requireme.nt for participation irr the tournaments conducted by BCCI and State Associations. I,-r fact, there is no such mandalory requirements for sharing A;rdhar OTP verification password r.r,ith ,_hat of Respondent Nc. 3's Association lor registration of a plal er and for participatic,n Respondents !: of player in the tournaments concluc ted by and 3. More so, when there are st, rtutory documents that are reflecting the details of clate of tirth of Petitioner.
9. The letter daLed 27 .O9 .2024 issued bv t he 4n respondent is er:racted hereunder: 7 ' Specihcatly, with regard to S No- 7' Chirag Yadav' it should be noted that, following complaints last year' we requested your ofhce to verify the authenticiq/ of his birth certifrcate in 2A23' Your ofhce had cleared it as original (a copy of the letter is enclosed) However' as ttre player is not cooperating in disclosing his Aadhdr history' which is a mandatory requirement for BCCI registration' we suspect that his birth certihcate might be take and request a re-verification of his birth certihcate. Given that the team is scheduled to travel on 01 10 2024' we kindly request You to expedite this enquiry at the earliest " Responding to the requisition given by the 4ft respondent,the6threspondentcausedanenquiryandreport dated 04. ll.2)24 is submitted to the 4h respondent' The relevant portion is extracted hereunder: " Chirag Yadav, S/o Pradeep Yadav r/o H' No l i-5-553' Red Hills, Nampally' Hyderabad has only one birth certiftcate and verifred withaltrecordsofGHMC,Hospitalandschool.Asperthebirth certificate vide Reg. No 544, dt: 08-112005 the DOB is 11-10-2O05' However.itisrevealedthat,thefamilymigratedfromNorthlndiato Hyderabad. The candidate father is not providing any history of his stay nor any supportive documents about their marriage nor any proof ofjob or employment Further his career details like his previous play history are not disclosed. The candidate's father is non-cooperative and bluntly refused to provide any further documents in support of his claim His claimofdateofbirthlllo2oo5ishighlysuspiciousandappearstobe fake." 10 The contents of the report mentioned supra are inconclusive and no definite opinion and decision can be drawn when the report itself clearly states that date of birth of 8 Petitioner ie 1 1.10.2OO5 is suspicious and appears to be. fake, is not a definitc and conclusive finding given by the Enquiry Ofhcer. And r o ling upon the saicl inconclusive and ir :definite report, Responrlents 2 and 3 imposed the impugned ba r r,",hich. is per se illegal and would defeat the rights of pe -itioner. Furthermore, p,:titioner had repeatedly sought lor sharir g of the report of the 6'h respondent, but there is comple[e silenc,: on the part of Responclents 2 and 3 and no explanation of u,ha Lsoever nature is given by both the Respondents 2 and 31br not sharing the report of the 6th respondent.
11. Or 07.1O.2O23, the 6ri responclent verified the documents of petitroner and declared them [c, be g:nuine. However, on er second enquiry on 27.O9.2O24, it is notec in the report that petitioner is nol coopera ting, is u.ithot rt any substance and t he report of the Commissioner is totalll silent as to when,. u,hcre and how petitioner was con[acted b1 police and asked for necessary information and there was i r non_ cooperative approach by petitioner. The report of Commis,sioner of Police is tota lly silent and on the face of the re<:ord, th e said report is not definite and conclusive and basing on such r.eport, the action taker-r by Respondents 2 and 3 in imposing tran on 9 petitioner cannot be sustained and furthermore' it is very clear that he is having only one birth certificate and there is no second birth certificate and no details of any other date of birth other than the one that is registered with the authorities are' there.Underthesecircumstances,itissurprisingtoseehow the Commissioner of Police, Hyderabad came to a conclusion that birth certihcate of petitioner is fake' The communication of imposing ban on 12. 14.11.2024 by the 3'd respondent - Association through his Secretary, in the middle of the night aL 12:43 AM' demonstrates the hyper activeness of the 3"1 respondent in putting petitioner under pressure and who had to reply to the said e mail on 14.11.2024 at 2:38AM which was made after making repeated efforts for sharing the information by the Respondents basing on which the ban was imposed and the non-responsiveness of in furnishing necessary information as uide e mail dated OS ll '2024 and sought by Petltloner 14.11.2024 speaks the approach of the 3'd respondent towards the players, thereby leaving petitioner to invoke the provisions of the Right to Information Act, 2005' Even the said Applications ended in refusal by the Public Information Ofhcer of the 3'd resPondent r0 Respondents il and 3 - Association. Thus, there is apparent lack of transparent:r, and failure on the part of Respoldents 2 and 3 and the said acts on their part are arbitrary and unfair. 3. A s per clause 10(i) of the 2"d respondcnt gl idelines - .1 for the seasotr 2024-25, specihc documents were out,ined as mandatory for players of U-19 and U-23 categories for on line registration process; they are Original Birth Cenificate, School Passing/ Leavirrrg Certificate, pAN Card, Cancellecl Chequ: and if applicable, thc t-l ST Certihcate. For address proof', the gu delines provide a choice among several documents namell. Valid Passport, Vott.r' ID/Aadhar. From the said guicleline,.;, it is apparent that ,Aadhar Card is not a mandatory rcquircrn,:nt and is listed as one itmong several acceptable docume nts for rrrool of residence and address verification alone. Clause lO of the guidelines is extracted hereunder: " Form
10. [)ocrrments to Upload Ontine along \\.ith the Re grst ration For uncler 1) (boys & girls) & under-23 (boys & girls,) frcsh pl ryers following documents must be uploaded along with the regisrration brm. Under 19 (l;rtys & girls') a. Scanned ccp_v of original birth certilicate (Mandatory) b. Scanned t--6,py of original School passing/leaving certiticate (Mandatorl ) c. Scanned copl,oforiginal pAN card (Mandatory) u d Scanned copy of original Address Proof viz Valid Passport /Voters ID/Aadhaar Card e. Scanned copy of Cancelled Cheque (Mandatory) f. Scanned copy of GST Registration Certificate (it applicablel ii. under 23 (boYs' & girls') Scanned copy oI original birth certihcate (Mandatory) B. Scanned copy of originat PAN cord (Mandatoryl C. Scanned copy of original Address Proof (Mandatory) viz d Valid Passport/Voters ID / Aadhaar Card E. Scanned copy of GST Registration Certificate (if Scanned copy of Cancelled Cheque (Mandatory) applicable) For senior players (men & women) foltowing documents should be uploaded along with the registration form' a Iii. Senior (boYs & girls') A. Scanned copy of original birth certificate OR A. Scanned copy of Education OR Employment OR Residential proof as per BCCI rules B. Scanned copy of ori8inal PAN card (Mandatory) C. Scanned copy of original Address Proof (Mandatory) viz Valid Passport/Voters lD / Aadhaar Card D. Scanned copy of Cancelled Cheque (Mandatory) E. Scanned copy of GST Registration Certihcate (if applicable)" t4 The 2.d respondent filed counter contending that Society formed under the Tamil Nadu Societies BCCI is a Registration Act, 1975 for promotion and deveiopment in India' And BCCI guided by its Memorandum of Association ry :5- 12 and Regulations as approved by the Hon'ble Supreme ,.lourt of India, dated 0'1.08.2018. Rule 2(a) of the BCCI Constirurion lays down one of tlrr: core principles and objectives of BCCI t(, ensure integrilv of thr: game of cricket in India. Rule 2(c) emporrers the' BCCI to tackk various issues of discrimination prevailing in the gamc of cricke t and one of them is age fraud and all tl-rr:ugh, it is the responsiltility of BCCI to ensure that all its tournaments are conductecl in a fair environment and no undue adrantage can be taken by any player. BCCI uide ()rrcttlar dated
31.O7.2O2O tx:aring No. BCCI/Hel34(M2l/1787 l2C2O, to eradicate agc liaud in cricket, introduced one-time measure ie. "Volun tary D isclosure Scheme" by which players were encouraged tc, reveal their actual date of birth bclo re 15rh September 2O2O. If the players did so, they woulcl nor be banned and sh.all be allowed to participate in the appr opriate age group tournaments of BCCI and failure to do so wrll impose ban on plal.er lbr two years and post-completiorL of tu,, r years ban period, pla5.ers will not be allowed to participate in he age group tournaments of both the BCCI and StaLe rlricket Association. It is the further case of BCCI that players vrishing to participate in the age group tournaments must r egister 13 himself with the relevant State Cricket Association and required to undergo a TW-3 bone test and shall submit relevant age proof documents with the State Associations' It is the primary responsibility of verifying the age group related documents by ' the players is that of the State Cricket Association' thereby State Cricket Association must ensure that no tampered or fake Birth Certihcate by players' Basing on the police investigation report, Petitioner is banned from participating in BCCI tournaments for a period of 2 years' The 3'd respondent ltled a separate counter 15. opposing the Writ Petition contending that on 30'09'2023 the 4mrespondentaddressedaletter.tothe6threspondenttoverify the genuineness of the certifrcates of candidates selected for under-19 cricket team of the 3'd respondent Accordingly' report was submitted by the 6s respondent to the 4th respondent with a hnding that birth certificate of petitioner is not genuine and that the documents viz' Birth and SSC certificates pertain to Cyberabad Police Commissionerate' but other certihcates such aslntermediateCertificate,PanCard,Bankdetailsand Passport are genuine and that UIDAI had refused to give l4 genuineness r(rport in respect of the Aadhaar Card of the Petitioner and s;o also that of the others.
16. Fu rther case of the 3.d respo4dent is that, Birth Certificate darted 25.01.2023 issued by Circle No.13 of CiHMC is. at variance v,ith that of the Birth Certihcate of pe tiLioner, therefore, the Cate of birth of petitioner ie. 1 1. 10 2OO5 ir; highty suspicious an,1 appears to be fake. They categorically aCmitted that in the report dated 04. 1 1.2024, the 6th respondent submittecl tha" petitioner is having only one birth certific ate and the said submis;sion is made in the report after vcrifving alt the records ol (ilIMC, Hospital and School and date c,f birth mentionecl is I 1 . I O.20O5. Petitioner is not entitlecl to an.., notice lor conducting enquiry under Clause 16 of the Circula;- dated
09.O8.2O24 iss,ted by the 2"d respondent. Responderrt No.2 contends that provisions of Right to Information Act is not applicablc to tt..r:m.
17. Si.nilar to the other Writ petitions No. 33997 of 2024 and 343a.9 of 2023, tLle genesis of lis is the requisrtion of the 4h responcie.nt given to the 6ft respondent ujde letter dated 27.O9.2021 zlu1 the report of the 6rt respondent daled 07.1O.2023 Fot- adjudication of this &s, it is necessary to l5 Considertherulesandregulationsofthe3.drespondent.The relevant rules and regulations are extracted hereunder: 'l . (A) DEFINITION c."APEXCoUNCtristheprincipalbodyoftheHCAtaskedwithits governance as set out in Rule '14' e- "HCA' means 'The Hyderabad Circket Association'. in Telangana Regd under the A.P (TA) Public s'lTJii"Jn"gi"tration Act'.1?lo L"d: $:i ].,-:l 1350 Fasli) bearing RegistratJ f'f"'zOz7 fSol' "cEO' is the Chief Executlve "iir-. "iii. iica -appo,attea iv ittt apti council as set out in Rule 23' rv. "PLAYER' is any Cricketer past or present registered-with HCA or any of its Members as a player t"a'"f,^ir Inctude any person selected in any squad lcl reoresenl HCA in a ft"t ft'i']"f-t''Ooi toui match' Twenlv/2O or Junior bv HCA / BCCI in relangana' ;".;H;;i N;;;;;'.;r"v v't'n 'ona"t"d India or Abroad-" "CHAPTER-IV GOVERNANCE
14. THE APEX COUNCIL
1. There shall be an Apex Council for the HCA which shall be primarily ' S Councillors of whom S shall be 2. The Apex Co"'r;if "n'ri'<:oi'ptl"t "f 4 shall be: -remaining uy t'tre rutt Members ot the HCA from among .""p.""iUf" tor the governance of the affairs of.the HCA- the elected orr"" e""t;t""";'f"t n"lt 6 and the A. one to u" "rttiti their rePresentatives; b.Two,onemaleandonefemale'tobenominated^bythePlayersAssociation those of its members who hail from Telangana; i-- "i"""g", c. One to be nominated by the Comptrotler and A*rt:J^General of Telanga]1a from among the serving senior functionaries of the C&AG's olfice' co- terminus wilh the nominee's tenure; .15. POWERS )\ND FUNCTIONS OF THE APEX COUNCIL l.TheaffairsoftheHcAshallbegovernedbytheApexCouncilandits framework of governance shall: iv. Ensure a distribution and balance of authority so that no single individual has unfettered Powers' 2 The Apex Council shall have all the powers- of the General Body and acti and things-except such acts as authority and d.iscretion to Jcl bv these rules are .*pt"t"r]"iltttt"a "t -o'1iii9.L'^ t'^"- done bY the "ff General Body. Exercise or'"ti"tt po*"t"' authorities and discretion ? I l6 shall l)e sLrbject to the control and regulation of the General Bocl1.. No reglllatior shall rctrospectively invatidate any act of the ApeK Council vr,hich u.a,; otl.rerwise valid.
3. The Apex Ccrucil shall exercise superintendence over the :lEO, the Cricket Cornmirti:ers, and the Standing Committees in the dischar€c of their duties generalll , and in particular. in accordance wlth anv general ])r special direction of the icneral Body, except for the Governing Ctouncrl (f lhe TIL whrch is directlv .r,:countable to the General Body. 4. In additicn to and without prejudice to the generalitl. r[ powers conferrecl dir,;c1ly 6. by necessary implication under thcse Fules and regulations a'r(l the Memorandum of Association, the Apex Couucil shall exercise the Fo!\'ers and per[orm the duties here after mentioned D. To institute or- c efend any action or proceedings for or against tht, HCA or against any O fficr Bearer or employee of the HCA. N. To frame, rn crnsultation rvith the CEO, rules for thr: appoir tment of Managers, Sect erzLries, Admlnistrative Ofhcers, peons and othe - service personnel and sttrfl anrl for payment to them and other persons in return for their services rerrlcrecl to the HCA, salaries, wages, graauities, pensions, honorariums, corlrensations, any ex gratia payment and/or provilent fund and to regulate ,l scipline by suspending, fining, removing, or d.smissing such emplo-vees. Q- To either rn its orvn, of through its delegate, entertain, hear, and decide adrnin:strative appeals by employees or other directly aftected parties agains,t thc orders of the CEO or the Cricket Committer s as the case n-ray lte 16. HCA JURISDICTION OVER PLAYERS, MATCH OFFIC]IALS & ''EAM OFFI('IALS ( )I \4 EM BERS The tlC,'\ shall lrar,-e concurrent jurisdiction and control over players, Match Officials arrd Team Officials within the jurisdiction of a Member Such individuals participating in cricket under the aegis of a Member shall be deernt cl ipso facto to submit to the jurisdiction of the HC \. 17, CONDUC]'I ( )F PLAYERS The Apex (lourrr.il sl'rall have the power to eriquire into the conrlu:t of any Player uitl.rin irs .jurisdiction and may take such disciplinar,, action against the Plzrler as the Apex Council may deem fit, which decisron shall be hnal.
18. trNQUIR\' ,II'IO CONDUCT OF PLAYERS ADMINISTRAT ] RS, FJTC. MATCH OFFICIALS In the event of the I{CA enquiring into the conduct of a pla1.er, Match Official, Aclmirr strator, etc-, the HCA shall proceed in the manner prescrrbed in t r Ie 4 l " "CHAPIER V I\lANAGEMENT
23. THE CEO 1 2 3 -of .6J;,o-u.-ippoit't"a The dav-to day management of the affairs of the HCA shall vest rn a bv the Apex council' who shall be a ili; ;tJ. at least 5 ;;";;;;;;p.ofessionat with management experience 6oo/ttlo of a companv with a turnover of at least Rs' ;#::';. 1OO crores be assisted by not more than 6 full time professionals - ir_r. 6-eij nho shall be appointed bv lhe Apex Council in ir;;;;"] with the CEo lssentiallv tL govern the streams of :';;J[;;" i,at""a., ,.aft"i.al, infrastgucture, law' media' and human resources' however reatign or re-allot these streams as he deems il;CEo;y fit. it e elisibilitv criteria for the CEo and Managers shall be.taid down ;;t;;. i;";'c;"ncil t eeping in mind the following guidelines: "' ';. and famiiiarity with cricket or other sports: "nru HCA; [. u"a.."t""alng of hnancial position and fiscal direction of the c. Knorvledge of operations of cricket administration and overall PolicY: d 6i".rty on role, division of responsibilities and h.ierarchy' and f"-ifL.itv wiih regulatory and legal responsibilities as rvell as ", attendant risks [.;J*e 4 There shall be an appropriate induction process laid-down by the ir-,t'bEo and the Managirs' which shall include a oo"- a..il.tii.. fair and transparent process of appointment' 24 . THE FUNCTIONS OF THE CEO The CEO shall have the following functions on behatf of the HCA:
1. To implement all the Rules and Regulations made bv the Go,rerning Body and the Apex Council as regard to non- cricketing matters 2. To issue guidelrrrls in respect of travel' accommodation' allowances, erc', io te paii to players' support staff and ottrer ttran international officials participatiitg "t'm^tr;f"s' matches' 3, To lease and manage immovabte prop€rty of the HCA wherever situateJ, in" order to promote the objects of the HCA. 4. To lay down parameters for the laying of grounds for playing the gtrn" a"d to provide pavilion'. canteen and other conveniences and amenities in connection therewith' 5. To appoint f""t' Olnti"t" for the teams which shall - .o-pri"o.tly include qualihed :oi9h:-"i managers' physiotherapists, nutritionists' trainers' analysts' counsellors, a'd'm"dic" However' the Head Coach of each l8 of the State Teams shall be appointed by tLe Cricket Advisory Committee referred to in Rule-26(2)A (ii) belorv. Cr To secure Players' welfare to ensure that tht logistics manager u,ill arrange for accommodation and travel, to ensure that tickets given to Players for natches.,vill be on par $,ith those glven to the Members, and to al.to ensure that no expenditures towards the game (baggage handling, injur-v related. Etc.) will be undertaken b1, tt e playei, failrng rvhich such expenses will be rr:imbursr d to the Plal er $,ithin 30 u,orking days of the requisitron being macle. Also, to process requests made b.., playert, to make arrangements for the accommodation and traveI of their respective wives/partners/family mernbers, wherever permitted. 7. I'o ensure that all measures are adoptec to elimrnate any lorm of racial, communal, caste or other hatrcd frorn the 3ane, with stringent action taken agairst the offenders nclucling the initration of criminal proceedings. 8. 'fo start and maintain a tibrary of books, periodicals, lVDs, and other databases on Sporls in general and (jrickct in particular, and to publish jorrrnals, bcoks. and ,,ther material as uell as the otficial vrebsile of rhe FICA. 9. 'lo produce by itsetf the Cricket content for t(lecast of ('ricket matches and or ceremonies b-y hiring o. owning (:quipment and hiring necessary crew. Te<.hnicianr.. etc. 10 "o publicize the stadium capacity of all stadia a,rross the (iountn, \.vith compulsory seat numbers, to provide transparent online and offline ticket bookrng serv ces with reasonably priced tickets and maximize ,_he accer;s of the grublic to ttre games. 1 l. 'l'o provide at stadiums, wholesome and hygienic bod and tx-'r'erages at affordable rates, clean atrd hygienic rest rooms lor all genders and lor thc difterett ly abled, edequate fire and emergency entries and ctrridors. Siulhcient access avenues and wheelchairs for the ciflerently abled, proper signage, parking, and t -ansport fiicilities as rvell as efhcient securilr systerns. 12.To arrange and organize the all types of ma.ches in Telangana including BCCI matches :o be ,reld in Telangana or for University, Schools, or other tour taments or for any Exhibition matches between members and lor between the Universities/schools/r:orporat,:s/other irrstitutions/others in Telangana including regulat ons and bve-laws in respect of travel, accommodation, all trtances Lo be paid to players and officials partir:ipating in such 1ra Ichcs. 13. lr lran.re guidelines genera y for the convenience z,nd ease 14. l) prescribe guidelincs to layout or convert an1. ground r to high quality turf rvickets at all levels in all are:,s"of the )-dav to-day management of affairs of the HCA. t9 1, i; -- ..Y.t"i 1? i;;;; - "tta -Cricket country and to provide Pavilions' Canteens' Public 6o""""i.tt."" and other amenities with disabled access and suitable slgnage, especially lo involve more Indian"s in to encourage participation of atl ;;;;i sections of societY' - """i"t the Committees and facilitate the rS i. '"- i-pt.-.art.tion 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' u. d^,^b."" of all cricketers at all levels' maintain .".o.a" and statistics, track performances and certify age and identity of ParticiPants 18. To take steps to create world class infrastructure at all Ievels in all areas across the State To coordinate r'vith other associations' to conduct l',J,""1oi",.r.a ""a to provide better access to the public' with ;;;;;;;", nartit:ular reference lo women and the disabled' -il-t ir-, pl"c. mechanisms to encourage Telangana i.i.f,.t.." to play nationally and internationally and hone itt"t u wider talent pool is availabte to iheir skills "t represenl lhe slate/country' : . 2O. To sign and enter transparently into contracts ]:t,i11:" -" ;;;"-lf ;f ,h" HCA including wi-trr tnira parties and.vendors for the purposes of lhe various Committees ol tne HLA' ;;i ,; ;";;.. that in all contracts for television and media igt ,t iir" l","tests of the public remain,u"tg-!:tll::1 "ia frtt, unhindered broadcasts of all delivertes and tnerr renlavs are shown. i;ir'. np.* council every quarter or as ofte.n as ;;;;';; .*r,lJ b; ih" dpt* Council on the functioning of the -J.r.g"-".t, and ihe progress made in developing cricket in tndia. 22. To consider the reports of the Auditor' to verify whether "- 'meeting their objectives- and to assess n"ri rrr.-u.rs are whether cricket is being sluitably developed and promoted across t he state. all applications for frnancial aid or any other to criiketers, Umpires' and administrators as t ... tf,. .rt"" framed by the deneral Body in this behalf "r-tl.,ot..,". A*-;it . to time and iecommend the same to the Apex Council for their approval' Z+. io .*r-i." all the ixpenditure exceeding the Budget and - ir .""lr"r such outliys as are required for the proper administration of the HCA' 23 ;;';;;"i;. -" , '' ' 25- To advise the HCA regarding investments' .. 26. To process requests madJ for increase in atl types of -" suiventions/ subsidies to- be. .paid to the ;ltJ;;;;:, ftr"-u..", iariff for Co^chittg Camps-' Coaching Subsidies -[o the players for matches of to the Members, allowance 20 different Trophies and when playing against different sides, both at home and a\a,ay and to rec,tmmend the same to the Apex Council. 21 .1'o do all acts and things u,hich are detegatecl b1 the HCA and Apex Council to him, and all other functio -rs as are necessary and expcdient to carry.out the objer.ts of the IICA as aforesaid including carry on corresponcle rcc in the name of the HCA.
41. GRIEVANCE REDRESSA! l. The tr1>es of disputes/ differences that form ti.re Omb tdsman,s ambit a r-rd the procedures for redressal are: A. \'Iember, Association & Franchisce Disputes: An-r, drsputes letweelt or among the HCA, its Members, TTL Fra nchisees ,rnd the Cricket players' Association shall be auto natically -cferred to the Ombudsmarr. Procedurc Both parties would submit their argumcnts and ,r hearing would be conducted fotlowing the principles of nalural ju.rticc anJ exercising ,rll powers ot enquiry- and hearing as the Om rudbman deems fit lx:fore appropriate orders are passed. b. Dctriment caused by Member or Administrator: If anv Men ber or any AdrLinistrator of the HCA commits any act o[ inclisr ipline or miscondu( t or acts in any manner which mavor likel v to be detrimenr; I ro thp interest o[ lhe HCA or the ga.l,le ol c.icker or endanger thc harmony or affect the reputation or inrcrest ol the HCA or refuses rtr neglects to compl) \r'itlt any of the provisior,s of the Memorandum and/or the Rulcs ancl Reguiations of the HCI!. and/or the Rules of conduct framed by the HCA, the Apcx Cotncil, on receipt of rrrry complaint shall issue a Show Cause \otice ci.lling for explanatio:r and on receipt of the same and/or in case of no ,tause or insufhcienr ,:ause being shou.n, refer the same to the Ombudsrman. Procedure: Ihe Ombudsman shall. after provrdinEl opport rnity of hearing to ilre parties concerned, pass an appropri.te o.ite. c..Misconduct or Breach by Others; In the event cf an], c( mplaint being r<:ceivr:d from any quarter or based on any report fubl shed or circulated c r on its own motion, ot any ait oi indisci.rline or misconrluc or violation of any of the Rules and Regulations by any Player, Urnorre, Team Official, Selector o. ..ry p.."ori the HCA, t,r,l Apex Council shall refer the same exlteditiousl.,, to the CEO to ma,<,.a preliminary enquiry.. ^ssociat.ed Procedure; The CEO shalt forthwith make a preliminary inqr.riry and call for ex|lanations from the concerned peison(s) and sutmit his l 2l reDort to the Apex Council not later than 15 days from-the date of npe* council' on receipl of the report' ::f.?# il"i.*?.a. u, i;;'Ail; L'ouficit snalt ro'*u'i tn" same to the ombudsman' who 't'e -at'd unless it decides that there is no shall call for all particutars drops the. charge' hearing shall prima facie case and "ttotai"gly "ti-tt same shall be completed as commence on the case "'a exDcditiouslY as possible uy providing a reasonable opportunitv 1o lhe :::;,:: ;;;;i"" heard. lf' a."pit" dut""otice' anv partv fails to submit ' l"^:":""'::""::'::,'a-r"' r.", ntir"nr cause, the ombudsmar shall after or hearing to the parties concerned' ::J#:;.:;":;;;-"pp"t""nv o'a" i" tnl e'ent anv pirtv reruses and or fails to ;;"";;;.;;;i;;" siati ut "t tiberty to proceed o-near rlesoite notlce, the '-t'lJ"rn"" ;asis of the available records and evidence' .;;,.-;;"ih; D. By the Public against the HCA: Where a member of the public is Aqgneved concerning ticketing and/or access and/ol facilities at "tr.lir- the same may f" otcl"?f-tt in the form of a complaint to the Ombudsman i"..:ir.. o*rr"dsman would adopt the sale n111{ur!-as laid down ."rttt".tg the complaint to the CEo to solicit a rePort I"t ";;;.-;i;. on lhe comPlain heartng shall be decided bv the ombudsman from ;.'il"";;;;i - ;i.rrie'1;;-". Tne omuuasman shalt have the power to impose o'.""ril"""" provided itt tnt ntgtlt'tions for Players' Team and Match Officials of the othcials. Administrators, HCA. 3. The decision of the Ombudsman shall be linal and binding and shall come it-'to fotr:t iotttl*ith on being pronounced and delivered +. iry' aJ-i"i"trator, Player' Match Ofhcial' Team Official' Selector with the HCA on being found guilty or other individual ^'"oJt"a and expetled by tht i-ItA shall forfeit all their rights and not in future be entitled to hold anv i.i"" "-g-Jt ;;;uit-; ". ofhce or r'" tarnittto in any committee or any role on the HCA. 5.AMemberorFranchiseonceexpelled,may,onapplicationmade be readmitted by the after expiry of three yt'I"- "itttt"'pulsion' t<:<;tptta"t a General Body meeting by HCA, provided tnt "trnJl" J/4rh members Present and vo(ing' ""a ot"<:ttJit'g"itt to complaints or charges of or- violation of any Rules arrd misconduct or any act "ii"al*i"pti"t Regulations, tnt <:ot'""-tJ vf"-rnUer' Administrator'- Player' Match orrtcl^t, ot ott-'"r individual associated with the HCA i;;ilili;;; privileges and benefits) may be (along with rt'tt' '""fttiiu" ir.r!"d"a by the Apex Council until final adjudication However' to be comP"leted within six months' the said adjudication ""gf" faiii,'rg *r,ltil Ihe suspension shall cease" tr" oi "t'" "t''ti o il"al.e l"q;* -Mattager"" 22
18. Tie rcquisition given by the 4th respondcrt to the' 6th respondenr is dated 27.09.2024_ On the face the rec,rrd, the contents of tlr,: said letter including the namc of pctitioner giving the reason that "petitioner not cooperating to ,lisclose Aadhar history" is suspicious and doubtful, ltr one of the reason among rnany. Petitioner was subjccted to Vcrific,rtion in 2023 uide lettr:r' dated 3O.O}.2O23 and the 6rh r.t.spond,.nt had given tl-re report on 07.1O.2O23 wherein it is mcntionr:d that Birth certificate and SSC certificate pertain to cvberaba,l porice CommissionerrLte and except the above, all othcr r:erl.ificzrtes are found to be gentrine. Once the 6Lh respondent hacl taken,r stand that he cannot make any enquiry in respec[ of Birth arrd SSC Certificates whrcrh are in the territorial jurisdiction oI Cvb erabad Commissionerate, it is surprising as to how the sr:concl t nquiry is taken up as against petitioner. The report dated 04. ll.2}24 observing the b irth of petitioner on 1 I . IO.2O2S is sus ricious and appears to l>e fake, cannot be allowed to be sustaine,l. One c{:ucial admiss irtn that is mentioned in the report dated 23
04.11.2024 is that petitioner is having only one birth certihcate' Thus, it has to be inferred that petitioner is not having two date of births and registered date of birth is uide Registered No' 544 dated O8.11.20O5 and the DOB is 11 10'20O5' In this scenario'' it is not explained by Respondents 2 to 4 as to what was the basisforthemtoconcludethatDoBofthepetitionerisfake.
19. The conclusion drawn by the Commissioner of Policecannotbethebasisforimposingbanonpetitioner.Itis not explained by the 4tl' respondent as why he had chosen the Certificate verification of documents vtz 6hrespondentforsecondverilrcationwhenthelatterhad categorically mentioned in the first report dated 07 'lO'2O23 that Birth Certificate and SSC the territorial jurisdiction of are falling under Police Commissionerate' The said acts of Cyberabad Respondents 4 and 6 are questionable Furthermore' the Registered/ administrative ofhce of the 3'd respondent is within the territorial jurisdiction of the Commissioner of Cyberabad' As discussed supra, the report of the 6th respondent No'6 is not conclusive, definite 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 24 report does noI dlsclose the details of enquiry ancl the procedure adopted ar-rd ,r hich of the ofhcials were examinecl clu .ing the course of enqurry. The report of the police.i.s silcnL :ls lo lvhat, where and wit'r u,hom enquiries were made by thc polic,: before . coming to thc l;aid conclusion. More so, [he said repor L of the police is not accompanied by any documents to subsLantiate the said conclusio;r. The report of police is perfuncton. and cannot be allou.cd to lte sustained. As a consequence of tlte same, imposing of ban for two years by the 2n.r respondent is .r.ithout application of rnind.
20. Nc rv it nced to be seen as to u,hclherr he 4rh respondent is having power to make a requisilion to he 6rr) respondent lor rnaking enquiries against the players registered with the 3.d respondent inter alia the genuineness <tf Lhc Birth Certihcates. Po,vers of the 4ft respondent are stipulatecl i e Rule 24, extracted sr-rpra. It is very clear from the intcr t and language of tht' said Rule that the 4fr responde nt or I he 3rd respondent doe s not have power to make requisition ,o the Commissioner crf police, Hyderabad. The said ac[ is beyorrd the powers of the4th r'espondent. It is the Apex Cour.rcil u,h ich is go'erning body rr the 1sr respondent under Rure r.1 ancl the 4D ,J 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 4th respondent to make requisition to the' 66respondentandsoalso,thepowertoimposebanonthe petitioner which is against the guidelines of the 3'd respondent' Under Rule 17, it is the Apex Council alone which 21. is having the power to take action on the erring conduct of a Before imPosing ban on player and not the 4ft respondent. petitioner, Respondents 2 and 3 should have issued cause notice calling for explanation and after notice / show 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' apparent on the face of record that ban imposed by It is Respondents 2 and' 3 is not in accordance with Rule 41(6)' as is in violation of the such, the act of imposing ban on petitloner It is also in the procedure envisaged in the Rule' supra' knowledge of Respondents 2 and 3 thal petitioner is not piaying 26 for the Stzrte/ IICA for the firsl time and is a registere 1 player with HCA for considerable time, thereby, Respondents 2 and 3 should have lrlaced the issue, if any with Apex Cour-rr; I before sending requi;ition to the Commissioner of pol.ce, t{1 ierabad. and the act c,I imposing ban is illegal, arbitrary and lr.ithoul power and aut I^ oritv.
22. It rs an undisputed fact that petitiont.r is a registered plale r u,ith HCA and is playing for the State/ l{CA for considerable 1ime, thereby, the 4d respondenl. shourd l.Lave placed rhc issrrt:, if any, with the Apex Council ancl aftcr seeking permission frot n the Apex Council should havc se Lrd the requisition 1o the 6th respondent. Sending requisition to police is a unilateral action of the 4ff respondent sans the pov.er and authoritv undr:r the Rules and Regulations of the .l.d resp,ondcnt as such the r-'quisition and so also the report of he 6tt. respondent are ,.itiated, itlegal and cannot be allor.r,ecl to sustain. That apart, as p.er Guideltne 20, Aadhar Card is onlv a ; rroof of place of residenc:e. While so, insistence of the 3'd responc,ent lor sharing OTP fr, rn Players is not correct.
23. In ,r ew of the above discussion, the Writ pet,tion is allowed and thc bal imposed on petitioner is :aised. ^- \\ 27 Respondents are directed to consider the statutory records as per Guideline No. 10 of the 2'a respondent and pass orders in accordance with law' No costs
24. Consequently, miscellaneous Applications' if any shall stand close d. ./ sD-K BEEPE,$Ht8ffiIXI ,/ \\/ \ SECTION OFFICER ,/TRUE COPY//
5. The Commissioner' 'o',l, tn" Principal Secretary' Sports-Department' TS Secretariat Building' st-ate of ' i;i,;s;;; Hf".'-Xb;rdb:;l?J'nt:it'"*t in rndia, 2nd Froor. cricket centre' " 2. The Secretary' eoaro^ot1311i:'::r^-' i;' ;;ri. Maharashtra, I ndia' ' wrnr.n"O" Siadium' D' Church Gate' Mum'bar' 3. The secretary' Hvo"I"bIi cticrli Rssociation' Raiiv Gandhi lnternattonat " i'i"r."t st'd ium' u ppar' HvdTf, Sif;.t"?'ilrtil1i"r.", n..o"iation RG IcS' 4 The Chief Executive u pp'l' Hvo g'q?I: T3fllffi " ioi"' tunr<e y*' ' I::f,ETi'iidl llt+f,{ffi'il',Tt ?,'"".11i" orre,angana at T Two CCs to GP FC Hvderabad' [OUT] s. One CC to Ms' B'NISHITHA' nOvocate [O-PU!I e. one cc to SRI rtlr niiji'iiiti'r"rnn'eo*"11e'!oPuc) io 5"" dc io sar I thil%n^H5"o"SH:LXkED 'TANDTNG 11.One CC to SRI S l ' ' Eiiir'riiL BCcl' Advocate (oPUC) 12.Two CD CoPies Municipal co rporation' cc com plex' ili"Jf"tl','iff:?:3:l?* Porice commissionerate' Road "ruoad SA LS *y ( Aq J c r) :r-::r it,r,6-i1- vA \.. it' z o .\ > 10 APfl 2025 t ,d * D IiSF NTC' --;-5 HIGH COURT DATED:0 310412025 ORDER WP.No.34978 of 2024 ALLOWING THE W.P WITHOUT COSTS.