Petitioners challenged a second selection trial for National Games wrestlers. The Court noted the result sheet required competing with Asian Games participants and that petitioners failed to appear. The petition was dismissed as it lacked merit given the result sheet conditions.
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.
CWP-24136-2023(O&M)
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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
CWP-24136-2023(O&M) Date of Decision : October 26, 2023
Sarita Mor and another
.....Petitioners
VERSUS
State of Haryana and others
.....Respondents
CORAM: HON'BLE MR. JUSTICE KULDEEP TIWARI
Present : Mr. Raghav Sharma, Advocate for the petitioners.
Mr. Kirpal Singh Thakur, AAG, Haryana.
Mr. Narinder Singh, Advocate for respondent No.2.
KULDEEP TIWARI, J.
FACTUAL MATRIX
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on 05.10.2023, invited all the units concerned, who were desirous of participating in the 37th National Games, scheduled at Goa w.e.f. 25.10.2023 to 9.11.2023, to send their entries by names to the representative(s) of the State Olympic Association, with an endorsement to the W.F.I., latest by 15.10.2023. Pursuant to the issuance of the circular (supra), respondent No.2 also issued a circular dated 28.9.2023 (Annexure P-1), thereby issuing the schedule for selection trials and accordingly, invited all eligible wrestlers to participate in the selection trials scheduled to be held, on 9.10.2023 and 10.10.2023, at Baba Peer Akhara Silana (Jhajjar). Both the petitioners, who hold meritorious records in the field of wrestling, participated in the trials held on 09.10.2023 and 10.10.2023. Petitioner No.1 participated in the category of 57 kgs, while petitioner No.2 participated in the category of 53 kgs. Both the petitioners performed outstandingly in the selection trials (supra) and secured first ranks in their respective categories. Thereafter, on 13.10.2023, both the petitioners received a telephonic communication from respondent No.2, thereby making an intimation to them that they have to again undergo a selection trial to be held on 14.10.2023. The intimation (supra), thereby calling the petitioners to re-appear in the selection trials, caused grievance to the petitioners and led them to make a representation before the respondent(s) concerned on 13.10.2023, thereby raising objections, on the ground, that no such procedure was earlier conveyed to them, therefore, there is no such need to conduct a fresh trial, as they have already been declared winner(s) in the earlier rounds of trial. However, the representation (supra) stood un-responded, thereby aggravating the
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grievance of the petitioners and compelling them to approach this Court through the instant petition.
SUBMISSIONS ON BEHALF OF THE COUNSEL FOR THE PARTIES
“Therefore, all the players and officials are requested and advised not to get confused and Selection Trial of the 37th National Games will be held at Baba Peer Akhara Silana (Jhajjar) from 09th October & 10th October-2023 in which all are advised to attend on time as per the circular dt. 29/09/2023 circulated by Haryana Amateur Wrestling Association”.
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14.10.2023. Moreover, he has further submitted that the intimation in the above regard was conveyed only on 13.10.2023, when the petitioner No.1 was down with fever, consequently, she could not participate in the fresh selection trial. Insofar as the petitioner No.2 is concerned, she could not participate in the fresh selection trial owing to the confusion that she had to appear in another trial scheduled on 14.10.2023 by the Haryana Wrestling Association.
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conducting the trials. Consequently, on 13.10.2023, both the petitioners were informed about the trial date. However, instead of appearing and competing in the trial, both the petitioners submitted their representation(s) dated 13.10.2023 (Annexure P-3). Since both the petitioners opted not to participate in the trial held on 14.10.2023, therefore, their names were not recommended for participation in the National Games.
ANALYSIS
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petitioners, relates to vis major, as the petitioner allegedly fell ill, thereby resulting in her being incapacitated to participate in the trial scheduled for 14.10.2023. To corroborate the factum qua illness of petitioner No.1, the learned counsel for the petitioners has relied upon Annexure P-4, which is a prescription slip issued by a private doctor. However, this Court, at this stage, is not inclined to place any reliance upon such prescription slip to hold that the petitioner No.1 was ill during the relevant period, for the reason, that the representation moved by the petitioner No.1, on 13.10.2023, evidently did not carry the above factum of her illness, which allegedly constituted an impediment for her to participate in the trial on 14.10.2023. In fact, through the representation (supra), the petitioner No.1 had merely raised her objection against the re-trial scheduled on 14.10.2023. The relevant extract of the representation (supra) is extracted hereunder:-
“ It is a request that I, Sarita Mor 57 kg Women Wrestler, have secured the first position in 57 kg in the selection process of National Games conducted by HAWA which was held on 9.10.2023 at Peer Baba Akhara Silani.
Now that I have come first, I am being told through call and message on 13.10.2023 that your trials will be held again on 14.10.2023, information about which is neither given by your association nor in the circular of trials. Nor was I informed during the selection process.
In the selection process, 14 female wrestlers had participated in my weight category, whom I defeated and came first and now I am being told by call and message on 13.10.2023 that you have trials again on 14.10.2023. If you had to take the trials on 14.10.2023 then I want to ask you why you took my trials on 9.10.2023.
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I am attaching a copy of the circular, draw sheet and results of the trials issued by you.
I have come first in my category in 57 kg, so please send my name to the National Games on behalf of Haryana .” 10. A perusal of the above extracted portion of the representation
leads us to draw an inference that, in case, the petitioner No.1 was actually suffering from illness during the relevant period, she could not have omitted to mention such an important fact in her representation. It appears that the prescription slip (Annexure P-4) has been procured at a subsequent stage, with a malafide intention, merely to build a ground for her non appearance in the trials held on 14.10.2023.
(KULDEEP TIWARI) October 26, 2023 JUDGE ajay-1/devinder Whether speaking/reasoned. : Yes/No Whether Reportable : Yes/No
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2 issues framed by the court
Whether the Court can issue mandamus to declare selection trials void and declare petitioners selected despite their failure to appear in a subsequent mandatory trial.
Whether the petitioner's omission to disclose alleged illness in her representation prevents reliance on a doctor's prescription to excuse non-appearance.
Sarita Mor and another
State of Haryana and others
Kuldeep Tiwari
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
