Karnataka High Court Restrains Table Tennis Federation From Sending Selection List For CommonWealth Games Till Next Hearing Date

A division bench of Justice P S Dinesh Kumar and Justice C M Poonacha issued the direction while hearing a petition filed by a player Archana Kamath whose name has been dropped from the selection list. It said, "Issue emergent notice to respondent Nos.2 to 8 returnable by 22.6.2022. By interim direction, it is ordered that the selection list shall not be sent till the next date of hearing."

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.

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 states 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 of 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 finalized 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 e-mail 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 e-mail dated 02.06.2022 was with a view to avoid delays and could not be construed as a communication of the selected list.

The petition says ,"The Selection Committee having narrowed down the name of the petitioner after having seen her perform and train in the National Training Camp held in Bangalore, ought not to have dropped her name arbitrarily in the subsequent meeting."

Further, the Committee of Administrators in charge of carrying out the functions of the Federation was in order to reform and re-organize the administration of the Federation. It was incumbent on it to do away with the admittedly flawed criteria by recognising the true potential of the players. On the contrary, it clearly appears that the present Committee of Administrators have virtually stepped into the shoes of the erstwhile Executive Committee.

It is also claimed that the Respondent No. 2 in the impugned recommendation dated 06.06.2022 states that the reasoning behind the inclusion of Respondent No. 7 at the expense of the Petitioner herein is mainly on the basis of domestic performance wherein Respondent No. 7 holds a domestic rank of 3 and the Petitioner holds a domestic rank of 37. The said reasoning ought to be applied equitably to all players forming the present women's team. It is relevant to note that Respondent No.6 is ranked 33 and has been included in the team. However, it has removed the Petitioner alone from the team on the sole basis of her domestic ranking which makes the decision wholly unfair and unjustified.

Moreover, respondent No. 2 has failed to consider the overall performance of the Petitioner and her past contribution to the sport in both, domestic and international tournaments. The said Respondent No. 2 has also chosen to ignore that the Petitioner is clearly a better medal prospect for the country, presently holding the highest individual world rank for India in the Women's Doubles Category and, the highest paired world rank for India in the Women's Doubles Category with Respondent No. 6, a player who is part of the recommended Women's Table Tennis Team to represent India in the Commonwealth Games - 2022

The plea seeks 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

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.

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