Delhi High Court: In a petition filed by the petitioners, assailing the conditions stipulated in the communication/notice dated 19-02-2024 issued by Basketball Federation of India (‘Respondent 1’), Sachin Datta, J., stated that merely because of the socio-economic backwardness, persons with no birth certificate could not be denied the opportunity of competing in sporting events.
The Court stated that there was also no rationale for disregarding specific provisions in the National Code against Age Fraud in Sports which contemplates medical test/s to be performed for fulfilment/verification of the age criteria. Thus, the Court set aside the eligibility rule/criteria and directed Respondent 1 to adhere to the provisions of the National Code against Age Fraud in Sports.
Background
In the present case, the petitioners were aggrieved with the stipulation regarding age verification contained in the said communication/notice, whereby the birth certificate issued by the authority concerned recording the date of birth of the petitioners, must have been issued within five years from their birth. The petitioners stated that the said stipulation was wholly illegal and arbitrary inasmuch as it deprived the petitioners of a level playing field/opportunity to compete/participate in basketball sporting events despite being otherwise eligible.
It was submitted that the petitioners fully meet the eligibility criteria for participation in the basketball events mentioned in the said communication/notice, and in similar events. However, the petitioners were being unfairly deprived of this opportunity solely due to the lack of access to proper documents verifying their age, which was on account of the petitioners’ backward/socio-economic conditions.
The petitioners stated that for ascertaining their age, the provisions of “National Code against Age Fraud in Sports” issued by the respondent/Ministry of Youth Affairs and Sports must be taken recourse to.
Analysis, Law, and Decision
The Court noted that Respondent 1 had cited lack of proper facilities and infrastructure to conduct the requisite procedure for determining the age of the players. This could not be countenanced. The Court stated that the National Code against Age Fraud in Sports clearly sets out in detail the procedure of medical and scientific testing parameters. There was nothing to suggest that the said medical test parameters were not efficacious for determining the age of the player. Further, the Code clearly contemplates that the cost for medical examination conducted by Sports Authority of India and National Sports Federations, should be reimbursed by the Government. Thus, it was hardly open to Respondent 1 to cite the cost/s of test as an impeding factor.
The Court stated that it could not be oblivious of the fact that on account of socio-economic backwardness, it might not have been feasible in some cases, to obtain the birth certificates/other documents evidencing the age of the person within certain years from the date of birth. However, merely for this reason such persons could not be denied the opportunity of competing in sporting events.
The Court stated that there was also no rationale for disregarding specific provisions in the National Code against Age Fraud in Sports which contemplates medical test/s to be performed for fulfilment/verification of the age criteria. As brought out in the short affidavit filed by Respondent 1, the National Code against Age Fraud in Sports was binding not only on Respondent 1 but also on other sporting federations in the country.
Thus, the Court set aside the eligibility rule/criteria and directed Respondent 1 to adhere to the provisions of the National Code against Age Fraud in Sports.
[Deepak Jain v. Basketball Federation of India, W.P.(C) 4648 of 20124, decided on 27-01-2025]
Advocates who appeared in this case:
For the Petitioners: Amartya Bhushan and Yojit Mehra, Advocates.
For the Respondents: T. Mahendhran, Advocate.
