Commonwealth Games 2022: Delhi High Court Directs Selection Committee To Consider High Jumper Tejaswin Shankar's Case

The Delhi High Court on Tuesday directed the selection committee of Athletics Federation of India to consider the case of High Jumper Tejaswin Shankar on merits for 2022 Commonwealth Games.

Shankar had moved the High Court challenging the decision of the Athletics Federation of India to exclude him from participating in the 2022 Birmingham Commonwealth Games despite being the national high jump record holder (2.29m) and being the only Indian to have met the qualification standard of 2.27m with a jump of 2.27m, while winning a gold medal at the NCAA Track and Field Outdoor Championship 2022 in the USA.

A single judge bench comprising of Justice Jasmeet Singh issued notice on Shankar's plea while posting the matter for further hearing on June 24.

The counsel appearing for AFI and Selection Committee apprised the Court today that the final list has been prepared and forwarded to the Indian Olympics Association (IOA). 

After the Court was informed that the said Selection Committee is scheduled to meet today, the Court thus directed it to consider Shankar's case on merits of his jumps. The Court also said that his non-participation in the interstate championship shall not be the sole criteria for rejecting his candidature.

Senior Advocate Gopal Sankarnarayanan along with Advocate Malak Bhatt appeared for Shankar.

Shankar, in his petition argues that he has not been considered by the AFI for failing to take permission to be exempted from attending the 2022 Interstate Senior Athletics Championships.

The plea argues that Shankar had made a representation to the National Chief Coach as early as in February 2022 seeking an exemption from participation in the Interstate championships as they clashed with the NCAA Championship via WhatsApp. However, it has been claimed that no response was provided by the AFI his request for an exemption.

"The 'AFI Qualification Guidelines For Selection Of Indian Team' provides the AFI the discretion to exempt 'elite' athletes from participating in the Interstate Championships. The guidelines themselves do not speak of the need for a representation for exemption to be made and it becomes clear that the AFI could exempt an elite athlete if deemed appropriate," the plea adds.

Furthermore, stating that AFI had granted exemptions to others like Neeraj Chopra, Seema Punia and Avinash Sable from the said event, the plea argues that Punia was included in the squad despite not having met the qualification standard in any competition.

"It is humbly submitted that the Petitioner is at present, indisputably, the best Indian high jumper in the world, and on the basis of current form is undoubtedly a medal contender at the CWG 2022. In fact, only two high jumpers (both non-Indian) who will prospectively be competing at the CWG 2022 have a better jump than him this year. It is in the interest of the nation that the Petitioner be allowed to participate in the CWG 2022, on the basis of his merit, as established from his jumping record, both recent and otherwise," the plea adds.

Accordingly, it has been prayed that Shankar is not disqualified from participating at the CWG 2022 based on non-attendance at the Interstate championships, and be allowed to participate on the basis of having met the qualifying standard at the NCAA championships.

Case Title: TEJASWIN SHANKAR v. ATHLETICS FEDERATION OF INDIA & ORS.