ROSHAN DAMODAR SHETTY Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioners, who are the parents of the swimmers, who were initially selected to participate in the 37 th Sub- Junior and 47th Junior National Aquatic Championship, 2021 from 19th to 23rd October 2021, organized by Karnataka Swimming Association under the auspices of Swimming Federation of India, the respondent No.2, have invoked the writ jurisdiction being aggrieved by the Select List of the candidates published by respondent No.2 (Exhibit 'E' to the petition), wherein the names of Ms.Sanaya Shetty and Master Viivaan Thakur, do not fnd mention.

(2.) The petitioners have approached the Court with a case that in the trials held for participation in the said Championship, Ms.Sanaya Shetty and Master Viivaan Thakur duly participated and were selected to represent the State. A communication was addressed by respondent No.3- Swimming Association of Maharashtra, on 1st October 2021, confrming the selection of Ms.Sanaya Shetty and Master Viivaan Thakur to participate in the National Aquatic Championship. On 14th October 2021, the respondent No.2- Swimming Federation of India published the Select List of the swimmers qualifed to participate in the said Championship. Ms.Sanaya is at Sr No.2 in 100 Mtrs Breast Stroke and Master Viihaan is at Sr. No.2 in the 50 Mtr. Free-Style. Since only one candidate is shown to have been selected/qualifed, in the respective events, Ms.Sanaya Shetty and Master Viivaan Thakur are deprived of the legitimate right to participate in the National Championship, despite having been selected by the respondent No.3-Swimming Association of Maharashtra.

(3.) Mr. Walia, the learned counsel for the petitioners, would urge that there is an issue of the justness of the process followed to select the swimmers to participate in the National Championship in as much as the candidates had participated in the swimming pools of different length. Nonetheless, in view of the Addendum to the Circular, dated 15th August 2021 and 17th August 2021, issued by the respondent No.2, on 15th October 2021, all State Units and Boards are now permitted to enter two swimmers per event for each event and, therefore, at this stage, Ms.Sanaya and Master Viivaan are eligible to represent the State in the National Championship, from the respective category.