Tokyo Paralympics: Shuttler Raj Kumar Withdraws Plea Before Delhi High Court Challenging Non-Selection

Arjuna Awardee shuttler Raj Kumar has withdrawn his plea filed before the Delhi High Court, challenging his non-selection for the Tokyo Paralympics, slated to commence from August 24, 2021.

The development comes after Advocate Nalin Kohli, representing the Badminton Association of India, apprised the Court that Kumar's was not selected under the bipartite system since all the players selected on merit under the primary list were available for the event.

"Paralympic selection depends on Race to Tokyo events. You may be number 1 in other events, it does not matter. Main selection is purely on merit...Bipartite selection is only in case someone from main selection is not available," Kohli informed the Bench.

He added,

"Before the deadline of recommending bipartite names, the merit list was full. Kumar is falling back on bipartite because he could not make it in primary list. But that will come into play if there is no selection on merit, which had already taken place. He is a good player but during the events, others performed better."

Kohli further told the Court that bipartite selection is a pure discretionary process within which also Paralympic Committee of India and Indian Badminton Association has no role to play. "The decision of World Federation and IPC cannot be protested. So we can't even appeal against it," he said.

Justice Rekha Palli was hearing Kumar's plea who was aggrieved by the alleged discriminatory exercise of discretion by the Selection Committee of Paralympic Committee of India (PCI) and Badminton Association of India (BAI), in not selecting and sending his entry for the Tokyo Paralympics, 2020 in Badminton competition of mixed doubles SL 3-SU 5 event.

Kumar claimed that he ranked 6th in the Race to Tokyo rankings in mixed doubles. He alleged that Indian pair ranked 31 (Pramod bhagat and Palak Kohli) has been given preference over him and his partner Parul Parmar.

Kohli however pointed out that on 4th June they received email from International Paralympic Committee for sending bipartite recommendations. They sent 10 names including that of Kumar. However, they received a response from the World Federation saying that two mixed doubles pairs have same score. So they were asked to recommend one.

"BWF allotted quota to Pramod / Palak based on· Mixed doubles quota allocation on 6th July. Due to this my request for bipartite quota was not considered by BWF on the due date," Petitioner argued at this juncture. It was his case that had the authority waited till July 16, his name would have come.

"Why should they wait? They have been asked to send the names. How can they stop the World Federation? What can they do? You are a Arjuna Awardee, the whole nation appreciates. But what can the Respondents do? They sent your name," Justice Palli said.

She added,

"I don't want to dishearten your client but nothing can be done here. I find no merit."

In this backdrop, the Petitioner sought the Court's leave to withdraw the petition.

Case Title: Raj Kumar v. Paralympic Committee of India