Commonwealth Games 2022 : Karnataka HC Dismisses Table Tennis Player Archana Kamat's Plea Challenging Her Exclusion

A division bench of Justice P S Dinesh Kumar and Justice C M Poonacha said, "The Committee of Administrators (CoA) is chaired by a Former Chief Justice and two other eminent persons. It is not in dispute that it took charge in February and based on the opinion of parents the committee has decided to bring in the new selection process in October 2022. Based on the existing policy the selection has been made. These are matters within the domain of the expert committee and in this case in the domain of the Committee of Administrators. The Delhi high court has also dismissed a writ petition filed by R8 wherein the very selection was challenged. In our view the petition does not merit consideration and accordingly it is dismissed."

Senior Advocate Uday Holla appearing for the petitioner had argued that the Impugned Order made by Respondent No. 2 in excluding the Petitioner's name from the Women's Table Tennis Team to represent India in the Commonwealth Games, Birmingham, 2022 in its meeting dated 06.06.2022, is arbitrary and grossly contradictory to its functions and objectives.

Further he submitted that the selection committee failed to notice that the selection is for Commonwealth games and the selection has been done considering performance in domestic tournaments which is untenable.

Senior Advocate Vikram Huilgol appearing for the Federation submitted that the Committee of Administrators as directed to be appointed by the Delhi High Court, took charge in February 2022. There were representations received from parents of the Table Tennis players not to change the method of selection for the ensuing Commonwealth games. Accordingly the same was deferred to October 2022.

Further he said, "It is true that CoA had floated the name of petitioner. However, later it was referred to the Director General of Sport Authority of India. The Sports authority did not make any selection as it was not involved in any selection process. The matter was referred to two selectors."

He added, "The Petitioners performance in senior nationals tournament held at Shillong was not good. Therefore the petitioner's name has not been considered. The respondents no 4 to 8, have higher grades in their earlier matches and tournaments they have played. R6 has obtained 33 grades and the petitioner's grade is 37 in domestic tournaments."

As per the petition, Kamath holds World Rank No. 8, individually, in the Women Doubles Category being the highest ranked Indian player in the said category. She is world ranked No. 66 in Women Singles and is the second highest world ranked Indian in Women Singles. The Petitioner has been selected as part of the TOPS (Target Olympics Podium Scheme) Core group as a potential medal prospect in the Paris Olympics to be held in 2024.

The plea said the Federation was earlier governed by an elected body namely, the Executive Committee which was entrusted with the selection and ranking of players for various table tennis tournaments for all age groups. In the year 2021, the functioning of the said Executive Committee was called in question, when Respondent No. 6 (Manika Batra) who had represented India in various tournaments internationally filed a Petition before the High Court of Delhi alleging several activities of the Executive Committee to be against the interest of the players.

Acting on Batra's petition, the High Court appointed a Committee of Administrators vide its order dated 11.02.2022 to discharge the functions of Respondent No. 2. The Committee of Administrators comprised three members namely, Justice Gita Mittal (Rtd.), Former Chief Justice of Jammu and Kashmir High Court as Chairperson along with Mr. Chethan Mittal, Senior Advocate, and Mr. S. D. Mudgil, a renowned athlete as Members.

On April 6, the Federation issued a new draft criterion for selection of members of all players in the Indian Table Tennis teams. It had proposed a modified ranking system allocating points to maintain a balance between international and domestic rankings for team selections.

The Federation called upon stakeholders to provide their comments on the new selection and ranking criteria on or before 20.04.2022 and further, notified hearings to hear the stakeholders who had provided their comments on the new draft on selection and ranking criteria on 29.04.2022 and 01.05.2022.

In a meeting held on May 12 by the Federation, it was discussed that a new selection criteria be included. The salient feature of the new selection criteria included consideration for direct selection if the players had secured a World Rank of 8 or below in the Senior Doubles Category and World Rank of 32 or below in the Senior Singles Category.

The Federation notified that the above change in the selection and ranking criteria would come into effect from 01.10.2022 or from the next national ranking tournament whichever is earlier. The rationale or the reasoning for giving such a cut-off date was not explained in the Minutes of the Meeting.

It is submitted that while Respondent No.2 was embarking on making changes in the existing criteria knowing very well that the same were flawed, had issued and published a Long List of Probables consisting of men and women players eligible to be a part of the Indian table tennis team to represent India in the Commonwealth Games-2022, on its official website.

On 09.05.2022, the Federation issued and published a List of Probables for the Commonwealth Games-2022, consisting of 16 players (8 men and 8 women), including the Petitioner, on its official website. The List had been finalised by a five-member Selection Committee during the meetings they had held 25.04.2022, 01.05.2022 and 02.05.2022.

Further, the list also included an announcement regarding a national training camp to be held from 23.05.2022 to 30.05.2022 at the Padukone-Dravid Centre for Sports Excellence in Bengaluru following which the Selection Committee was to announce the national table tennis team to represent India in the Commonwealth Games-2022.

On 31.05.2022, the Selection Committee announced the Indian men's and women's teams that would represent India in the Commonwealth Games-2022, at Birmingham, which included the petitioners name. On 02.06.2022, the Petitioner received a forwarded email of the Indian Olympic Association from Respondent No.2 regarding co-ordination of sports kits.

However, the Federation published its Minutes of the Meeting dated 06.06.2022 on its official website, wherein the name of the Petitioner was dropped from the Commonwealth Games-2022. The Petitioner was replaced with Respondent No.7 (Diya Parag Chitale) who was the reserve player of the previously selected women's team. Further, Respondent No.8 (Swastika Ghosh) was included as the reserve player. The name of the said Respondent No. 8 did not feature in the earlier list.

The Federation even sent an email to the petitioner stating that the documents and details sought for from the Petitioner and other Players vide the email dated 02.06.2022 was with a view to avoid delays and could not be construed as a communication of the selected list.

The plea had sought a direction to quash the Minutes of the Meeting dated 06.06.2022 in so far as it relates to recommending the names of the Respondent Nos. 7 & 8 in the Women's Table Tennis Team to represent India in the Commonwealth Games, Birmingham, 2022. Direct the Federation to incorporate the name of the Petitioner as part of the Women's Table Tennis Team representing India in the Commonwealth Games, Birmingham, 2022.

By way of interim relief it has sought for staying the Minutes of the Meeting dated 06.06.2022, declaring the final selection list of players.

Case Title: ARCHANA GIRISH KAMATH v. UNION OF INDIA

Case No: WP 11644/2022

Citation: 2022 LiveLaw (Kar) 222

Date of Order: June 16, 2022

Appearance: Senior Advocate Udaya Holla, for Advocate Badri Vishal a/w Advocate Varun Joshi & Advocate Prathishta Subbaiah B for petitioner.

Senior Advocate Vikram Huilgol for R2.