RAHUL MEHRA Vs. UNION OF INDIA

JUDGEMENT

(1.) The adage: "the more things change the more they stay the same" ["Plus" a change, plus c'est la m"me chose"], finds a faithful exemplar in the Indian Olympic Association ('IOA') - respondent no. 4. The IOA is recognised by the International Olympic Committee ('IOC') as the National Olympic Committee ('NOC') for India. The IOC, a non-governmental sports organisation, organizes the Olympic Games. It recognizes only the NOC of a country as the representative sports body of that country. The NOCs constitute, organise and lead their respective delegations at the Olympic Games and at the regional, continental or world multi-sports competitions patronised by the IOC. They decide upon the entry of athletes proposed by their respective national federations. [Bye-law 2.1 of Bye-laws to Rules 27 and 28 of IOC Charter]

(2.) In the interest of improvement of standards of sports administration in the country, Government of India ("Government") by Circular dtd. 20/9/1975, laid down conditions for financial and other assistance to National Sports Federations ("NSFs"). The conditions were applicable to IOA too. The Circular was followed by various orders, notifications, instructions, etc. They were modified by Guidelines dtd. 14/8/2001 ("2001 Guidelines"). All these were later amalgamated into a comprehensive code called the National Sports Development Code of India (NSDCI), 2011 ("Sports Code"). It contains Model Election Guidelines of National Sports Federations (NSFs) and the IOA.

(3.) The petitioner, an advocate and evidently a sports enthusiast, seeks in the public interest that: i) a mandamus be issued for strict compliance by the IOA and the NSFs with the Sports Code and judicial dicta regarding it; (ii) recognition of defaulting NSF(s) be suspended and/or withdrawn, Government patronage and the benefits the NSFs reap from government largesse such as access to government stadia, sports facilities, financial assistance, tax concessions, customs duty exemptions, funding of travel and hospitality, etc. granted to NSF office bearers for sporting competitions, etc., cease forthwith; iii) such benefits be not resumed till the constitution and administration of the IOA/ NSF is brought into conformity with the Sports Code. The petitioner submits that the management structure prescribed in the Sports Code seeks to provide a degree of transparency and some predictability apropos the decision-making process. Therefore, it should be strictly enforced for the betterment and advancement of sports in the country.