‘Sporting authority’s call’: Delhi High Court denies Asian Games entry to jiu-jitsu athlete

“The decision to exclude an athlete from participation in a particular category is objectively taken by the authorities and subject experts, which cannot be interfered. This court cannot, in exercise of its jurisdiction under Article 226 of the Constitution of India, direct the respondents to send an athlete for participation in an event when the respondents have categorically stated that no athlete is being sent,” the September 23 order read.

Justice Amit Mahajan said courts cannot substitute the decision of a competent sporting authority regarding an athlete’s participation.

“The courts also cannot substitute its own decision for that of the competent sporting authorities and compel participation,” the bench stated.

‘Met eligibility criteria’

The martial arts practitioner claimed that although he met the eligibility criteria for participation in the Asian Games and the jiu-jitsu association had forwarded his candidature, it had not been processed further for the event at the 20th Asian Games. Advocate Pathak Rakesh Kaushik represented the martial artist.

The Centre’s standing counsel Siddhartha Shankar Ray and advocate Sonali Modi, appearing for the government, submitted that the government was not sending any athlete/Indian contingent (in the relevant category) to participate in the jiu-jitsu event at the Asian Games.

Taking the submissions into consideration, the bench pointed out that the argument that “some candidates, who had not qualified, have been sent in the category of 57 kg, in some other sport/discipline also does not advance the case of the petitioner.”

Dismissing the plea, the high court observed that “undisputedly, the Games have already started on September 19. No effective relief thus can be granted to the petitioner (man) at this juncture”.