HEMANT SHARMA Vs. UNION OF INDIA

JUDGEMENT

(1.) By this petition, the petitioner seeks the issuance of a writ of mandamus to direct respondent no. 1 i.e. UOI to the Secretary, Ministry of Youth Affairs & Sports, to take appropriate steps so that respondent no. 2 i.e. All India Chess Federation does not ban/threaten to ban chess players, associating themselves with other chess associations. Respondent no. 2 is the National Federation for the sport of chess, recognized by respondent no. 1. Respondent no. 2 also is the body recognized by the concerned international federation i.e. Federation Internationale Des Echess (FIDE).

(2.) The petitioners claim to be chess players. In the past, they have registered themselves with respondent no. 2 on an annual basis. They have been participating in chess tournaments organized by respondent no. 2, and those which respondent no. 2 has authorized or approved. The case of the petitioners is that the petitioners being amateurs, like to play chess whenever an opportunity presents itself, even in those tournaments not organized by respondent no. 2 or which may not have the blessings of respondent no. 2.

(3.) The submission of the petitioner is that respondent no. 1 has issued the revised guidelines for assistance to National Sports Federation (NSF). Under these guidelines, it is provided that National Sports Federations shall be fully responsible and accountable for the overall management, direction, control, regulation, promotion, development and sponsorship of the discipline for which they are recognized by the concerned International Federation. They are expected to discharge their responsibilities in consonance with the principles laid down in the OIympic Charter, or in the charter of the Indian Olympic Association, or the relevant International Federation as the case may be. These guidelines further provide that the NSFs should maintain certain basic standards, norms and procedures with regard to their internal functioning, which conform to the high principles and objectives laid down by the concerned international federation, and which are also in complete consonance with the principles laid down in the Olympic Charter or in the constitution of the Indian Olympic Association. The sports federations seeking recognition as NSFs are required to apply as per the guidelines contained in Annexure P-II to the said guidelines contained in Memorandum no. F.6-6/94-SP-III. The considerations which the Ministry of Youth Affairs & Sports shall take into account and be guided by, inter alia, are that the sports federation is recognized by the international federation and the Asian federation, the role played and contribution made by the association in promoting and developing sports in India, and the role played by the association in protection and promotion of players interest and welfare.