Find Solution About Rule Requiring Players To Submit Birth Certificates Issued Within Two Years Of Birth: Delhi High Court To Basketball Federation Of India

The Delhi High Court has directed the Basketball Federation of India to hold a meeting with the Sports Authority of India and Union Ministry of Youth Affairs and Sports to find a solution for players who are disqualified for not having a birth certificate obtained in the year of birth or within two years of birth, as per the BFI rule.

“It is possible that a large number of players would not have got issued certificates immediately upon their birth or within two years thereafter. Such a stipulation could exclude a large number of talented players from participation in trials. This ought not to be the intention of the Rule,” Justice Prathiba M Singh said.

As per the “Age Verification Rule” of BFI, the players have to submit their original birth certificates issued by the Municipal Corporation or Registrar of Birth & Death obtained in the year of their birth or within two years of their birth.

The court said that there may be thousands of players who may get disqualified due to the Rule which may in effect result in excluding some of the best talent to represent the country.

“The original birth certificates may be called for verification etc., However, if the said certificate is not issued within two years of birth, an alternative mechanism ought to be made available to accept the documents submitted by the players and subsequent verification of the same as also medical tests being conducted, if the need is so felt,” the court added.

Justice Singh directed that the meeting be held within this month and a fresh circular be issued by May 25, outlining the guidelines for players to participate in trials, subject to verification and other tests which the BFI wishes to conduct.

The court was hearing a plea challenging the Rule in question filed by eight basketball players who were wanting to participate in District Gautam Budh Nagar (DGBN) Basketball Team Selections scheduled on April 26 and 27. They also intended to participate in the upcoming Youth Zonal Basketball Championship, 2023 scheduled in Meerut on May 06 and 07.

The players, who were associated with a local academy in Noida, challenged the Rule as they did not have a birth certificate issued within two years of their birth. It was their case that the said requirement is totally arbitrary and discriminatory.

The counsel appearing for the petitioner players contended that the Rule is being applied across the country by all State associations and it would result in depriving various players from participating in district-level and zonal-level trials.

The counsel representing BFI, on the other hand, submitted that there are several reasons why such a stipulation has been prescribed by the BFI and that in case of persons who do not have documents to support their birth dates, a medical board is constituted for age verification.

Granting relief to the petitioners, the Court said that the players who come from economically weaker sections and may not have obtained certificates in accordance with the stipulation cannot be excluded based on the BFI’s Rule.

Thus, the court allowed the petitioners to take part in the trials for DGBN Team and Uttar Pradesh Basketball Association, subject to production of their original birth certificates issued by the municipal corporation or the Registrar of Births and Deaths, regardless of whether the certificates were issued in the year of their birth or within two years thereafter.

The matter will now be taken up on September 13.

Case Title: Chandini through her natural guardian v. BFI

Citation: 2023 LiveLaw (Del) 361

Counsel for petitioner:Ms. Rebecca George, Mr. Amartya Bhushan, Ms. Yojit Mehra, Mr. Shantanu Singh & Mr. Ravi Sehgal.

Counsel for respondent:Ms. Amrita Sharma & Mr. Rajat Jonathan Shaw for BFI

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