JWALA GUTTA Vs. DEPARTMENT OF SPORTS

JUDGEMENT

(1.) THE petitioner before this Court is a well known Badminton player. The Indian Badminton League is a franchise of respondent No.2 Badminton Association of India which, in turn has six franchises representing six different cities of India. The petitioner was captain of Delhi franchise given the title 'Delhi Smashers. A match between 'Delhi Smashers and another franchise team, namely, 'Banga Beats was scheduled to be held at 8.00 p.m. on 25.8.2013 and four players were to be nominated by each franchise, to play in the said match. The case of the petitioner is that about 40 minutes before the match was to commence, the Chief Referee disclosed to them that 'Banga Beats had replaced one of their nominated team member Hu Yun by another player Jan Jogersan. The petitioner protested against the aforesaid change on the ground that it was violative of the Rules & Regulations. As a result of the aforesaid protest, 'Banga Beats decided to replace Hu Yun by another team member and ultimately the match was won by 'Delhi Smashers.

(2.) ON 1.9.2013, the name of the petitioner was withdrawn by respondent No.2/Badminton Association of India from a tournament in Japan. This was followed by a notice dated 4.9.2013 to the petitioner. The said notice, to the extent it is relevant, reads as under:

(3.) PURSUANT to the aforesaid report, the impugned communication dated 7.10.2013 was sent by the Honorary Secretary of respondent No.2 to the petitioner informing that a three Member Committee had been constituted for issuing a further show cause notice to her for seeking her reply on the punishment proposed and after an opportunity for hearing, including the personal hearing if so requested, in order to take final decision on the proposed punishment. She was also informed that till submission of the report in this regard by the aforesaid Committee, her name shall not be considered by the Selection Committee for participation in any international tournament, inside or outside India. Being aggrieved from the aforesaid decision, the petitioner is before this Court by way of this writ petition.