This is an order dismissing a Review Petition filed against an order dated 15.05.2024 which upheld the NRAI's selection criteria for the Paris Olympic Trials, as the trials had already concluded by the time of the review.
Review Petition dismissed; judgment dated 15.05.2024 remains unchanged.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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MANINI KAUSHIK ..... Petitioner
Through: Mr. Rajshekhar Rao, Sr. Advocate with Mr. Yashraj Semant, Advocate.
versus
THE NATIONAL RIFLE ASSOCIATION OF INDIA & ORS.
..... Respondents Through: Mr. Rajiv Kumar Choudhary, Advocate for R-1. Mr. Pavan Narang, SPC with Mr. Himanshu Seth, Ms. Aishwarya Chhabra, Advocates for UoI.
CORAM:
HON'BLE MR. JUSTICE SUBRAMONIUM PRASAD
O R D E R % 31.05.2024 CM APPL. 34496/2024 (Exemption)
Allowed, subject to all just exceptions.
REVIEW PET. 241/2024
W.P.(C) 5438/2024 Page 1 of 5
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Category.
“18. Applying the law as enunciated by this Court to the facts of the present case, this Court is of the opinion that the criteria has been laid down by experts in the field. Nothing has been shown to this Court that the criteria as framed is perverse or would be hit by the Wednesbury Principle. The Respondents have selected the sportspersons who can take part in the selection trials as per the criteria. This Court cannot sit as an Appellate Authority either over the criteria or the selection of the sportspersons who have been selected to take part in the selection trials. This Court is of the opinion that the selection has been done in the best interest of the country and as per the norms which have been made applicable to all the sportspersons across the country. Nothing has been shown to his Court that the Petitioner has been deliberately omitted or that there has been any favoritism to select any sportsperson.
19. The grievance of the Petitioner that the Petitioner ought to have been sent to Rio De Janeiro to participate in the 2024 ISSF Final Qualification Championship Rifle so that she could have obtained a quota position for the Olympics cannot be accepted for the reason that the maximum number of quota positions had already been achieved by India and, therefore, the decision taken by the NRAI not to send the Petitioner or any other athlete to Rio De Janeiro cannot be said to be perverse.
20. Clause 4 of the guidelines for ISSF Final Olympic Qualification Championship Rifle/Pistol, Rio De Janerio, Brazil, reads as under:
W.P.(C) 5438/2024 Page 2 of 5
This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 04/06/2024 at 10:51:45
“4. Participation Individual Events Each ISSF Member Federation can enter a maximum of three (3) athletes per event. There will be no Qualification Ranking for the Olympic Games (QROG) nor ISSF Ranking Points (RPO). Athletes who have already obtained a Quota Place for the Paris 2024 Olympic Games are allowed to participate in this Championship.”
21. A perusal of the said clause indicates that there will be no Qualification Ranking for the Olympic Games (QROG). The Petitioner, therefore, could not have improved her already achieved QROG ranking of 4th Rank and in any event the decision taken by the NRAI that since maximum permissible quota has already been achieved and, therefore, no useful purpose would be served by sending any Indian for the ISSF Final Olympic Qualification Championship Rifle/Pistol, Rio De Janerio, Brazil, cannot be found fault with.
22. In view of the fact that 2023 Criteria is not under challenge, the fact that there is a valid rationale behind amending the 2022 Criteria and also the fact that the Petitioner has not been able to make much of her grievance that she has not been permitted to go to Rio De Janeiro to participate in the ISSF Final Olympic Qualification Championship Rifle/Pistol, this Court is not inclined to interfere with the decision taken by the NRAI in not selecting the Petitioner for the Olympic Selection Trials. ”
W.P.(C) 5438/2024 Page 3 of 5
This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 04/06/2024 at 10:51:46
"1. Present appeal has been filed by the appellant challenging the order dated 15th May, 2024 passed by the learned single judge of this Court in WP(C) No.5438/2024 whereby the decision of the respondent no.1 for not selecting the appellant for the Olympic selection trials was upheld.
2. Learned senior counsel for the appellant states that the appellant has been treated very unfairly.
3. However, a perusal of the paper book reveals that the prayers in the underlying writ petition have become infructuous, inasmuch as, the writ petition had been filed seeking permission to the petitioner (therein) to participate at the Paris Olympic selection trials to be conducted in New Delhi from 18th April, 2024 to 27th April, 2024 and in Bhopal from 10th May, 2024 to 19th May, 2024.
4. Accordingly, as both the events have already been held, the present appeal is disposed of as infructuous.
5. However, in the event the appellant has any other grievance, she is at liberty to agitate the same in accordance with law. The rights and contentions of all the parties are left open."
W.P.(C) 5438/2024 Page 4 of 5
This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 04/06/2024 at 10:51:46
review its Judgment dated 15.05.2024.
SUBRAMONIUM PRASAD, J
MAY 31, 2024 Rahul
W.P.(C) 5438/2024 Page 5 of 5
This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 04/06/2024 at 10:51:46
1 issue framed by the court
Whether the High Court interfered with the selection criteria for the Paris Olympic Selection Trials despite a prior dismissal.
Manini Kaushik
The National Rifle Association of India
Subramonium Prasad
As recorded by the court registry
A petition under Article 226 of the Constitution asking a High Court to issue a writ against the State or a public authority in a civil matter.
Judgements on the same questions, provisions and authorities, from every court
