Writ Petition No. 30300 of 2024 · Madrasdated High Court · 2025
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Writ Petition Nos.30300 of 2024 & 1040 of 20253.The Director (Sports) Ministry of Youth Affairs and Sports, Department of Sports, Government of India, Jawaharlal Nehru Stadium, Lodhi Road, New Delhi.4.The Chief Executive Officer/Member Secretary, Sports Development Authority of Tamilnadu, Jawaharlal Nehru Stadium, Chennai - 600 003.... RespondentsWrit Petition filed under Article 226 of the Constitution of India seeking issuance of a Writ of Certiorarified Mandamus calling for the records pertaining to the impugned order passed by the second respondent herein in his proceedings F No.9-8/2018-SP-I/III dated 1.10.2024 and the order passed by the third respondent herein in his proceedings F.No.9-8/2018-SP-I/SP-III dated 29.07.2022 and the order passed by the fourth respondent herein in his proceedings RC No. 4801/S4/2021 dated 27.10.2022 and quash the same and consequently, direct the respondents herein to restore the petitioners' recognition which was already granted by the first respondent in F No.9-8/2018-SP- I/ SP-III dated 11.03.2021 and the fourth respondent herein in his proceedings RC No.4801/EM-1/2021 dated 20.04.2022, within the time frame as deem fit by this Court.For Petitioner: Mr.G.Bala for M/s.G.Bala and DaisyFor Respondents: Mr.AR.L.Sundaresan, ASGOI assisted by Mr.M.Sathyan, ACGSC [R1 to R3] Mr.P.S.Raman, Advocate General assisted by Ms.N.S.Tanvi [R4]2/15 https://www.mhc.tn.gov.in/judis Writ Petition Nos.30300 of 2024 & 1040 of 2025W.P.No.1040 of 2025Indian Silambam Federation,represented by its General Secretary In chargeC.AlagiriD-6-1, All India Services Flats,Natesan Nagar (West),Virugambakkam, Chennai - 600 092.Tamil Nadu.Authorized by its President Rajendran IAS... PetitionerVs.1.The Secretary, Ministry of Youth Affairs and Sports, Department of Sports, Government of India, Room No.3, C-Wing, Shastri Bhavan, New Delhi 110 001.2.The Under Secretary, Ministry of Youth Affairs and Sports, Department of Sports, Government of India, Room No.3, C-Wing, Shastri Bhavan, New Delhi 110 001.3.The Deputy Secretary, Ministry of Youth Affairs and Sports, Department of Sports, Government of India, Room No.3, C-Wing, Shastri Bhavan, New Delhi 110 001.... RespondentsWrit Petition filed under Article 226 of the Constitution of India seeking issuance of a Writ of Certiorarified Mandamus calling for the records pertaining to the impugned order F No.9-8/2018-SP-1/SP-III, Government of India, Ministry of Youth Affairs & Sports, Department of Sports, Shastri Bhavan, New Delhi, Dated 01.10.2024 issued by the 3/15 https://www.mhc.tn.gov.in/judis Writ Petition Nos.30300 of 2024 & 1040 of 2025second respondent i.e. The Under Secretary, Ministry of Youth Affairs and Sports and quash the same insofar as not granting recognition to the petitioner to conduct the National Level Regional Game of Silambam and consequently, directing the first respondent to recognize the petitioner Association viz., Indian Silambam Federation to conduct Tournaments.For Petitioner: Mr.U.KarunakaranFor Respondents: Mr.AR.L.Sundaresan, ASGOI assisted by Mr.M.Sathyan, ACGSC*****COMMON ORDERThe issue involved in both these writ petitions are inter-connected and hence, they are taken up together, heard and disposed of through this common order.2. W.P.No.30300 of 2024 has been filed by All India Silambam Federation [for brevity 'AISF'] challenging the proceedings of the second respondent dated 01.10.2024 and the order passed by the third respondent dated 29.07.2022 and also the order passed by the fourth respondent dated 27.10.2022 and for a consequential direction to the respondents to restore the recognition granted to AISF by the first 4/15 https://www.mhc.tn.gov.in/judis Writ Petition Nos.30300 of 2024 & 1040 of 2025respondent through proceedings dated 11.03.2021 and also by the fourth respondent through proceedings dated 20.04.2022. 3. W.P.No.1040 of 2025 has been filed by Indian Silambam Federation [for brevity 'ISF'] challenging the very same proceedings of the second respondent dated 01.10.2024 and for a consequential direction to the second respondent to grant recognition to ISF to conduct National Level Regional Game of Silambam and to recognize the right of ISF to conduct such tournaments.4. Heard Mr.G.Bala, learned counsel for petitioner in W.P.No.30300 of 2024, Mr.U.Karunakaran, learned counsel for petitioner in W.P.No.1040 of 2025, Mr.AR.L.Sundaresan, learned Additional Solicitor General of India assisted by Mr.M.Sathyan, learned Additional Central Government Standing Counsel appearing for respondents 1 to 3 and Mr.P.S.Raman, learned Advocate General assisted by Ms.N.S.Tanvi appearing for Sports Development Authority of Tamilnadu.5/15 https://www.mhc.tn.gov.in/judis Writ Petition Nos.30300 of 2024 & 1040 of 20255. On carefully going through the impugned proceedings of the second respondent dated 01.10.2024, it can be seen that totally four federations/associations approached the second respondent seeking for recognition as Regional Sports Federation for the sport of silambam. Out of the four, except the writ petitioners/AISF and ISF, the application made by the other two was rejected at the outset. Insofar as AISF is concerned, the second respondent has rejected the claim for recognition mainly on the ground that the association has not conducted any election after the expiry of the term of the Executive Committee on 29.08.2024 and therefore, there was no valid Executive Committee functioning in AISF. Consequently, the second respondent rejected the claim made by AISF for recognition.6. Insofar as ISF is concerned, the second respondent has rejected mainly on the ground that ISF has not independently submitted any document supporting their claim and their main focus was the complaint that was made against AISF.7. It is seen from records that originally, recognition was granted in favour of AISF through proceedings of the second respondent 6/15 https://www.mhc.tn.gov.in/judis Writ Petition Nos.30300 of 2024 & 1040 of 2025dated 11.03.2021. The said recognition granted to AISF was put to challenge before this Court in W.P.Nos.17424 and 13262 of 2021. This Court took into consideration the fact that AISF has already been declared as defunct society and in the absence of any recognition, there is no question of granting permission to AISF to conduct National Level Regional Sports Activity in Silambam. While allowing the writ petitions by order dated 28.01.2022, this Court also granted liberty to AISF to submit a fresh application under Section 44 of the Societies Registration Act, to revive the society and thereafter to approach the concerned authority for recognition.7. Pursuant to the above order, an application was submitted by AISF and on receipt of the same, G.O.(D) No.359 dated 21.11.2023 was issued and AISF was revived.8. Pursuant to the above Government Order, AISF submitted an application before the second respondent to revive the recognition that was granted to them. Since the same was not considered, W.P.No.35467 of 2023 was filed before this Court and this Court disposed of the writ petition by order dated 02.02.2024 directing the second respondent to 7/15 https://www.mhc.tn.gov.in/judis Writ Petition Nos.30300 of 2024 & 1040 of 2025deal with the application submitted by AISF. Pursuant to the above order, the impugned proceedings dated 01.10.2024 came to be issued by the second respondent rejecting the claim made by AISF mainly on the ground that no election was conducted even after the term of the Executive Committee ended on 29.08.2024. Thus, on the first occasion, the recognition was withdrawn by the second respondent on the ground that the AISF has already become a defunct entity. After AISF was revived by a Government Order, on the second occasion, it has now been rejected on the ground that the term of the Executive Committee came to end on 29.08.2024 and no elections were conducted and there was no existing Executive Committee to deal with the affairs of AISF.9. Insofar as ISF is concerned, the second respondent did not go into the merits of the claim made by ISF. It was merely rejected on the ground that the applicant did not submit any application seeking for recognition and what was submitted was only the complaint made against AISF on various grounds.10. When the writ petition came up for hearing today, learned counsel for AISF submitted that pursuant to the interim order passed by 8/15 https://www.mhc.tn.gov.in/judis Writ Petition Nos.30300 of 2024 & 1040 of 2025this Court on 09.10.2024, elections were conducted and the same was also intimated to the second respondent. Accordingly, AISF, having satisfied this requirement, seems to have submitted an application before the second respondent and the second respondent, on receipt of the same, through communication dated 20.02.2025, has called upon AISF to submit certain particulars and it is pending.11. During the interregnum period, it seems that AISF had conducted certain tournaments and also had issued merit certificates and based on the same, the concerned students in whose favour such certificates were granted were claiming for additional marks in the NEET selection process. Learned Advocate General appearing on behalf of the Sports Development Authority of Tamil Nadu submitted that the interim order passed by this Court on 09.10.2024 confines itself only to the competition organized from 13.10.2024 to 16.10.2024 in Kanyakumari and AISF was never authorised to conduct any other national or world level tournaments. Learned Advocate General further submitted that the interim order passed by this Court cannot be taken advantage by AISF and they cannot conduct all the tournaments and issue certificates when their very recognition before the second respondent is in question. 9/15 https://www.mhc.tn.gov.in/judis Writ Petition Nos.30300 of 2024 & 1040 of 2025Therefore, learned Advocate General wanted some clarification in this regard since the Sports Development Authority of Tamil Nadu is in a quandary regarding the certificates that are produced by the students which are said to have been issued by AISF after conducting National/World Level tournaments.12. Learned Additional Solicitor General appearing on behalf of respondents 1 to 3 submitted that elections were conducted by AISF and they have submitted an application before the second respondent and on receipt of the same, the second respondent has sought for some clarification from AISF and the same is pending. Learned Additional Solicitor General further submitted that till a recognition is granted to AISF in accordance with the National Sports Code, 2011, AISF cannot conduct any tournament and the certificates issued by them will not be recognized. Learned Additional Solicitor General submitted that the claim made by AISF will be dealt with by the second respondent if all the documents are submitted and a decision will be taken in accordance with National Sports Code, 2011.13. Learned counsel appearing for ISF submitted that ISF had 10/15 https://www.mhc.tn.gov.in/judis Writ Petition Nos.30300 of 2024 & 1040 of 2025made an appropriate application seeking for recognition along with all the relevant documents and the same was not even considered by the second respondent and it was rejected as if ISF did not claim for any recognition and they only had certain complaints against AISF. Learned counsel submitted that the very basis on which the impugned order has been passed by the second respondent is illegal and the same requires the interference of this Court.14. This Court takes into consideration the facts and circumstances of the case and also the submissions made on either side and also the interim order passed by this Court during the pendency of this writ petition.15. It is not in dispute that the second respondent is the competent authority to grant recognition in line with the National Sports Code, 2011. Only if such recognition is granted by the second respondent, a Federation will be able to hold tournaments. Admittedly, as on today, there is no recognition either for AISF or for ISF. The interim order passed by this Court will not enable AISF to conduct tournaments at National/World Level and the interim order passed on 09.10.2024 will 11/15 https://www.mhc.tn.gov.in/judis Writ Petition Nos.30300 of 2024 & 1040 of 2025confine itself only to one tournament that was held from 13.10.2024 to 16.10.2024 at Kanyakumari. Therefore, in the absence of any recognition, if AISF had conducted any other tournament at any level, such certificate given by AISF will not be recognized and it is not necessary for the Sports Development Authority of Tamil Nadu to act upon the same. This clarity will sufficiently take care of the grievance expressed by the Sports Development Authority of Tamil Nadu.16. The next issue is with regard to the claim for recognition made by AISF and ISF. Insofar as AISF is concerned, the election of the Executive Committee has already been held and the same has been informed to the second respondent and the second respondent, on receipt of the request made by AISF, has already sent a communication on 20.02.2025 seeking for certain particulars. Till date, recognition has not been granted to AISF. Similarly, in the case of ISF, the claim made by ISF seeking for recognition has not even been considered by the second respondent.17. In view of the above, it will suffice if a direction is issued to the second respondent to deal with the claim made by AISF and also 12/15 https://www.mhc.tn.gov.in/judis Writ Petition Nos.30300 of 2024 & 1040 of 2025ISF seeking for recognition. It is left open to ISF to submit a fresh application along with all the relevant documents and particulars to the second respondent. The second respondent shall deal with those applications strictly in line with the National Sports Code, 2011. Opportunity shall be given to AISF and ISF and a decision shall be taken and orders shall be passed by the second respondent within a period of eight (8) weeks from the date of receipt of a copy of this order. In the mean time, it is made clear that AISF will not conduct any tournaments at any level.Both these writ petitions are disposed of in the above terms. No costs. Consequently, connected miscellaneous petitions are closed.30.06.2025Neutral Citation: Yes/NoIndex: yes/noSpeaking Order/Non-Speaking OrdergmTo1.The Secretary, Ministry of Youth Affairs and Sports, Department of Sports, Government of India, Room No.3, C-Wing, Shastri Bhavan, New Delhi 110 001.2.The Deputy Secretary,13/15 https://www.mhc.tn.gov.in/judis Writ Petition Nos.30300 of 2024 & 1040 of 2025 Ministry of Youth Affairs and Sports, Department of Sports, Government of India, Room No.3, C-Wing, Shastri Bhavan, New Delhi 110 001.N.ANAND VENKATESH, Jgm3.The Under Secretary, Ministry of Youth Affairs and Sports, Department of Sports, Government of India, Hall No.103, Jawaharlal Nehru Stadium, Lodhi Road, New Delhi.4.The Director (Sports) Ministry of Youth Affairs and Sports, Department of Sports, Government of India, Jawaharlal Nehru Stadium, Lodhi Road, New Delhi.4.The Chief Executive Officer/Member Secretary, Sports Development Authority of Tamilnadu, Jawaharlal Nehru Stadium, Chennai - 600 003.Writ Petition Nos.30300 of 2024 & 1040 of 202514/15 https://www.mhc.tn.gov.in/judis Writ Petition Nos.30300 of 2024 & 1040 of 202530.06.202515/15