KARM KUMAR Vs. SQUASH ASSOCIATION OF DELHI

JUDGEMENT

(1.) The Petitioner has approached this Court challenging a notification dtd. 13/9/2023 notifying dates for trials for selection of the Delhi State Squash Team for the 37th National Games scheduled to be held in November, 2023. The last date of registration was 24/9/2023 and trials were to be conducted from 30/9/2023 to 1/10/2023.

(2.) The notification states that the applicant must be an Indian Citizen (Passport holder). The Petitioner, who is a British citizen with an Overseas Citizen of India card (OCI), seeks to challenge that portion of the notification which restricts eligibility of participation in the National Games only to Indian Citizens (Passport holder).

(3.) The contention of the Petitioner primarily is that as an OCI cardholder, the Petitioner enjoys the status of an Overseas Citizen of India but is not an Indian Passport holder. He states that the colour of the passport cannot decide the eligibility for the participation in the National Games. It is stated that permission to participate in the National Games cannot be on the basis of a Passport and such distinction is violative of judgment dtd. 1/10/2008 passed by this Court in Karm Kumar v. Union of India and Ors., W.P.(C) 3049/2008. W.P.(C) 3049/2008 was filed by the Petitioner challenging the denial to participate in the National Squash Championship conducted by the Squash Rackets Federation of India on the very same ground that participation was restricted only to Indian Citizens holding a valid Indian Passport. He states that such restrictions on non-Indian Passport holders to participate in the National Games has been set aside by this Court vide judgment dtd. 1/10/2008 in W.P.(C) 3049/2008 in Karm Kumar v. Union of India & Ors.,. It is stated that the rules which were under challenge in the writ petition permitted players over 16 years having an Indian Passport to participate in the games and the said rule laying such a condition was set aside. He states that this Court in the said judgment has held that allowing foreign nationals below the age of 16 years to participate in the National Games, and disallowing players above 16 years without having an Indian Passport from participating in the National Games, is arbitrary. It is stated that the judgment also holds that players who are Overseas Citizens of India should be allowed to participate in National Games and cannot be denied participation in National Games just because they are not Indian passport holders. Learned Counsel for the Petitioner states that the Petitioner is a sports enthusiast and that he wants to represent the State of Delhi in the National Games.