Supreme Court Asks High Court To Re-Hear Plea Against Goa Female Weightlifter's Selection As Coach

The Supreme Court recently set aside the Bombay High Court's order, which disallowed Goa weightlifter Vaishnavi S. Ugadekar from selection to the post of Coach (Grade-IV) in Weightlifting. 

A bench comprising Justice Prashant Kumar Mishra and Justice Shree Chandrashekhar observed that the High Court decision dismissed the plea without impleading or hearing her, despite her being one of only two candidates competing for the post.

This arose during the selection process where Ugadekar had raised a complaint regarding the fairness of the selection, following which the State Government directed that the tests be re-conducted. The other candidate filed a writ petition challenging the decision before the High Court, which passed the impugned order without making Ugadekar a party.

The Court has now set aside this order and restored the writ petition for fresh consideration on merits, directing that Ugadekar be impleaded and both candidates be heard. The Court also directed that its interim order shall continue during the pendency of the writ petition and requested the High Court to decide the matter at the earliest.

It noted: "Considering that the appellant and respondent No. 4 are the only two candidates competing for the post, we deem it appropriate to direct the High Court to decide the matter afresh after affording an opportunity of hearing to both parties. Consequently, the impugned order is set aside, and the Writ Petition preferred by respondent No. 4 is restored to its original number for a decision afresh on merits upon hearing all parties to the Writ Petition, including the present appellant who shall be impleaded as a party before the High Court."

Further, it has directed that the High Court should decide the matter at the earliest. The bench has however, clarified that the High Court shall decide the matter afresh on its own merits, uninfluenced by either its earlier order or the Supreme Court's order.

Appearances: For Petitioner(s) Mr. Salvador Santosh Rebello, AOR Ms. Sneha Bhargava, Adv. Mr. Ankit Rana, Adv. Mr. Devesh Khandelwal, Adv.

For Respondent(s) Ms. Shirin Khajuria, Sr. Adv.m Ms. Swati Tiwari, Adv. Mr. Rajan Narain, AOR Mr. Dcosta Ivo Manuel Simon, AOR Mr. Balkrishna Sardessai, Adv. Mr. Guruprasad Naik, Adv.