Vinod Kumar v. Union of India & Ors

RAJIV SAHAI ENDLAW, J. MAY 18, 2016 bs/pp/mp

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of decision: 18th May, 2016. + W.P.(C) No. 8184/2015 & CM No.17119/2015 (for directions) VINOD KUMAR ..... Petitioner Through: Mr. Rahul Mehra, Adv. Versus UNION OF INDIA & ORS ..... Respondents Through: Mr. Sanjay Jain, ASG with Mr. Vikram Jetley, Ms. Namisha Gupta, Mr. Vidur Mohan & Mr. Akash Nagar, Advs. for UOI. Mr. Anil Grover with Ms. Noopur Singhal, Mr. Mishal Vij & Mr. Satish Kapoor, Advs. for R-2/SAS. Mr. Sumeet Verma & Mr. Amit Kala, Advs. for R-4. CORAM: HON'BLE MR. JUSTICE RAJIV SAHAI ENDLAW 1. This petition under Article 226 of the Constitution of India was filed (i) seeking a mandamus to the respondent No.1 Union of India (UOI) to annul the award given to wrestling coach Mr. Anup Singh (respondent No.4) and to award the same to the petitioner, being a more deserving candidate; and (ii) alternatively seeking a mandamus directing the respondent No.1 UOI, respondent No.2 Sports Authority of India (SAI) and respondent No.3 Dronacharya Award Selection Committee to additionally award the Dronacharya Award to the petitioner for his performance as a coach based, on merit as per the point system. 2. The petition came up first before this Court on 26th August, 2015 when notice thereof was issued. On the next date i.e. 28th August, 2015, the respondent No.1 UOI was, by way of an interim order, directed to include the name of the petitioner in the list of awardees for the Dronacharya Award 2015. 3. The respondent No.1 UOI appealed and vide order dated 29th August, 2015 in LPA No.383/2015 (i) the presentation of the Dronacharya Award to the respondent No.4 as scheduled was permitted to go on but the decision of the Selection Committee conferring the said award on the respondent No.4 was ordered to be not treated as conclusive and was made subject to the outcome of this petition; and, (ii) it was further directed that in the event of this petition succeeding, the respondent No.1 UOI will take appropriate steps that may be directed in the judgment in this petition, including of conferment of the award on the petitioner. 4. Counter affidavits have been filed by the respondent No.1 UOI, respondent No.2 SAI and the respondent No.4 Mr. Anup Singh and to which rejoinders have been filed by the petitioner. 5. The counsels were heard on 16th November, 2015, 17th November, 2015 and 20th November, 2015 and judgment reserved. 6. It is the case of the petitioner: (i) that the respondent No.1 UOI confers the Dronacharya Award for excellence in the field coaching of sportspersons; (ii) that the nominations for Dronacharya Award are invited by the Ministry of Sports and Youth Affairs in the month of January each year from all National Sports Federations recognised by the Government of India, from the Indian Olympic Association, from the Sports Promotion and Control Boards and from State / Union Territory Governments; (iii) that the respondent No.1 UOI has formulated a point system in accordance with the criteria for conferring Dronacharya Award and all nominations for the said award from the year 2013 onwards have been based on the point system; (iv) that the petitioner was also nominated with 420 points; (v) that the respondent No.1 UOI and the respondent No.2 SAI have evolved the system of reducing the points to a percentage in order to create a level playing field; (vi) that the petitioner was the National Wrestling Chief Coach during the relevant period with Mr. Yashbir, Mr. Virender, Mr. Anil Mann, Mr. Sujit Mann and the respondent No.4 Mr. Anup Singh being his assistant coaches; (vii) that Mr. Virender with 97 points and the respondent No.4 Mr. Anup Singh with 377 points were also nominated; (viii) that a coach is judged on the performance of the player he has coached and as such takes the points of the player; (ix) that the petitioner coached Mr. Sushil Kumar, Mr. Virender Dutt, Mr. Amit Kumar, Mr. Narsingh Yadav, Mr. Satyavart Kadiyan, Mr. Bajrang, Mr. Rajiv Tomar and Mr. Pawan Kumar w