RAJENDRA KUMAR Vs. UNION OF INDIA AND ORS.

JUDGEMENT

(1.) IN this petition, purportedly filed in public interest, the petitioner is seeking directions to the respondents to conduct the age estimation test of the players selected to take part in the ICC Under 19 Cricket World Cup scheduled to be held in Australia in August, 2012. As is clear from the event, only those players who are under 19 years of age can participate. The petitioner alleges that there are 30 probable sports persons who are filling up the forms for the said event and out of those, 29 have not undergone the medical test for age determination as per the directions dated 31st May, 2011 issued by this Court in Writ petition No. 612/2011. After the filing of the writ petition, a team of 15 players has been selected and, therefore, at the time of hearing, petition was confined to those 15. Learned counsel for the petitioner also submitted that 9 persons who are included in the team are suspected overage players. It is not disputed by the petitioner himself that the Respondent No. 1 Union of India has issued 'National Code against Age Fraud in Sports' which is filed by the petitioner himself as Annexure -P1. This Code is issued with a view to eliminate age fraud in sports and ensuring fair play for effective regular mechanism so that suitable action is taken against athletes and sports persons found guilty of age fraud. By this Code, all sports federations, associations and bodies are mandated to take appropriate measures to check age frauds as this amounts to cheating which is violative of the basic spirit of sports. Relevant provisions of this Code are reproduced below:

(2.) Annexure -P2 prescribes age estimation format which is supposed to be filled at the time of medical examination for the purpose of age estimation. Consent of the concerned person or his guardian is taken for complete medical examination. As per this format, the examinee is supposed to give documentary evidence like birth certificate etc. in proof of the age which he/she states. The format prescribes general physical examination, dental examination, radiological examination, MRI/CT scan (as applicable) and on that basis, the doctor gives age certificate by filling the age in the column in the said format itself. The format also prescribes option method in the form of 'Body Development Index Method' which is valid up to 18 years.

(3.) It is also stated by the petitioner himself that in Writ Petition No. 612/2011, this Court had recognized the need for age determination to ensure level playing field. In this judgment, the Court took note of the aforesaid 'National Code against Age Fraud in Sports'. That was a case pertaining to Delhi & District Cricket Association (DDCA) and the reading of the judgment would disclose that DDCA or BCCI had accepted to adopt the aforesaid National Code. On that basis, directions were given for medical examination to be carried out by a Board of three doctors of Apollo Hospital on the basis of, inter alia, the radiological examination, MRI/CT Scan (as applicable) indicated in the National Code. Again, the petitioner himself states that BCCI had addressed letter dated 16th August, 2011 to all concerned referring to the aforesaid judgment dated 31st May, 2011 passed by the Division Bench of this Court and impressed that since BCCI had agreed to use its best endeavours for procedures for age determination to be adopted throughout India, necessary action be taken by all the associations affiliated with BCCI.