Arjuna Awardee Shooter Naresh Sharma Challenges Single Judge's Order Refusing To Interfere With His Non-Selection For Tokyo Games

Arjuna Awardee and five-time Paralympian shooter Naresh Kumar Sharma has challenged Single Judge's order, refusing to interfere with the decision of the Paralympic Committee of India (PCI), the apex body for promotion and development of Para Sports in India, to not shortlist him for the Tokyo Games 2020.

The Letters Patent Appeal has been filed before a division bench of the High Court on the ground that the single judge had erred in not considering the facts of the case "in proper perspective" and in not allowing the prayers despite noting the fact that the PCI acted in violation of its own criteria for selection of Paralympic Shooting Team.

"For that, the Ld. Single Judge noted that it is an undisputed position that the Detailed Selection Criteria uploaded by the PCI on its website had set out eight events whose scores could be used to calculate the final average score (FAS) of an athlete aspiring to compete at the 2020 Tokyo Paralympics. The Ld. Single Judge further noted that it is also a matter of record that the Novi Sad Grand Prix was not one of the qualifying events listed either by the PCI or the IPC. Despite noting these material facts, the Ld. Single Judge held that the decision of PCI to accept the Novi Sad Grand Prix scores of respondent no.4 to calculate his average Score, cannot be found fault with," the plea reads.

It has also been stated that the single judge had failed to take into consideration the fact which was evident from the materials on record that the non-selection of Sharma was manifestly arbitrary inasmuch the Selection Committee of PCI vehemently ignored the fact that he fulfilled all the eligibility criteria as laid down by the IPC (International Paralympic Committee) and PCI.

"As per the eligibility criteria issued by the IPC a para shooter had to achieve two Minimum Qualifying Scores (MQS) in the same medal event between 1 January 2018 and 15 July 2021. Therefore, there was no dearth of time and opportunities. During the onset of COVID-19, events like Lima 2021 World Shooting Para Sports World Cup, Al Ain 2021 World Shooting Para Sports World Cup, 3 National Trials, 1st National Para-Shooting Championship were held. Mr. Deepak had the opportunity to participate in Al Ain 2021 World Shooting Para Sports World Cup, but he failed to do so," the plea reads further.

Background

Sharma plea had sought direction to the PCI to include his name in the list of selected shooters for Tokyo Paralympics in the R7 event.

In his plea moved through Advocates Satyam Singh and Amit Kumar Sharma, Sharma averred that he fulfills all the eligibility criteria as laid down by the Sports Technical Committee (STC) shooting of PCI in consonance and in conformity with the eligibility criteria as laid down by WSPS (World Shooting Para Sports). However, he alleged that the Selection Committee of the PCI in the arbitrary, capricious, and discriminatory exercise of discretion failed to select him for the Tokyo Paralympic Games.

He contended that the Selection Committee of PCI wrongly applied the eligibility criteria specified under the National Sports Development Code of India 2011, while shortlisting the candidates. He had complained that the Committee wrongly selected one Deepak to participate in Tokyo Paralympic in R7 event, in his place.

It was his case that to be eligible for participating in the 2020 Tokyo Paralympics, a para shooter must have participated in at least two international competitions approved by the WSPS (World Shooting Para Sports). Singh pointed out that the said Deepak had merely participated in one such event and the Committee has wrongly considered Serbia Grand Prix for calculating his marks, even though the said event is not a part of the recognized WSPS competition in terms of Rule 1.2 and 2.9.

The Petitioner further submitted that the Respondents have deliberately set down the criteria contrary to this guideline, prescribing that participation in one international event will be sufficient to make a person eligible.

On the other hand, the PCI contended that its endeavor was to select the best candidates for the games and that Deepak was found to be the one with the highest score in the relevant category.

It was also informed to the Court that the Serbia Grand Prix was one of the World Shooting Para Sports (WSPS) events in which Sharma voluntarily chose not to participate.

Considering the submissions, the single judge had observed that the conduct of the PCI in permitting Deepak to participate in the Serbia Grand Prix after getting clarification from its parent body could not be faulted with by the Court.