Supreme Court Directs J&K To Approve Govt Teacher's Assignment As National Kayaking Coach For Asian Games 2026

The Supreme Court on Thursday (September 10) directed the Jammu and Kashmir Govt. to immediately issue the relieving order, No Objection Certificate (NOC), and permission in favour of a Physical Education Teacher, who was selected as Chief Coach of the Indian National Kayaking and Canoeing Team, to enable her to participate in the Asian Games, 2026.

A bench of Justice Aravind Kumar and Justice Vipul M. Pancholi set aside the High Court of Jammu & Kashmir and Ladakh Division Bench order which had denied a relieving order, NOC to the sports teacher Ms. Bilquis Mir, who was selected as Coach of the Indian National Kayaking and Canoeing Team, to enable participate in an upcoming Asian Games tournament.

“Respondent Nos.1 and 2 are directed to issue the necessary relieving order/No Objection Certificate/permission in favour of respondent No.3 – Ms. Bilquis Mir, forthwith and, in any event, on or before 15.09.2026 to enable her: a. to join and discharge the remaining assignment as Coach/Chief Coach of the Indian National Kayaking and Canoeing Team; and b. to accompany and assist the Indian National Team in connection with the Asian Games, 2026.”, the Court said.

The Association had selected Mir for the Indian team's Asian Games preparatory programme and sought her services from February 15 to September 30, 2026. She was also selected as an International Technical Official for the Canoe Sprint discipline at the Asian Games in Nagoya and as Chief Finish Line Judge at the 2026 ICF Canoe Sprint World Cup in Hungary.

The Association first requested the J&K authorities to make Mir's services available for the national coaching camp on February 3, 2026. Reminders followed on March 1 and April 2, but no decision was taken. The Association eventually approached the Jammu & Kashmir and Ladakh High Court on April 30.

On May 6, the High Court's Single Judge directed the authorities to provisionally permit Mir to discharge her duties as Chief Coach/Coach of the Indian National Team and travel to Hungary for the World Cup assignment, subject to the final outcome of the case and at her own risk and cost. However, the Hungary event concluded before she could participate.

The J&K Government subsequently issued an order on June 19 rejecting her request for permission/NOC for travel to Hungary and Japan. The order cited, among other things, a pending departmental inquiry, previous foreign travel and issues concerning vigilance clearance.

The High Court had denied relief in favour of the Coach, opining that a government employee lacks an absolute right to deputation or foreign travel. While agreeing with the High Court's stance, the Supreme Court, however, cautioned that this did not mean that the executive would deal with such a request arbitrarily or without regard to the time-sensitive nature of the assignment.

“The absence of an absolute right to obtain a favourable administrative decision cannot be equated with the absence of a right to fair, reasonable, non-arbitrary and timely consideration of a request, which in our considered opinion are two distinct propositions.”, the Court said.

The Court noted that Coach Mir's request to officiate at the Hungary World Cup (May 8-10, 2026) was also delayed, as permission came only on June 19, 2026, after the event. Therefore, instead of sending the case back for fresh consideration, the Court itself directed the J&K authorities to issue the NOC by September 15, 2026, so she could join the Indian team for the upcoming Asian Games.

“The aforesaid permission shall remain operative for the period reasonably necessary for completion of the Asian Games 2026 assignment and connected official travel, subject to respondent No.3 reporting back to her parent Department immediately upon completion of the said assignment. The period during which respondent No.3 remains away from her ordinary place of posting pursuant to the present order shall not be treated as unauthorized absence.”, the Court said.

Sports administration necessarily involves strict timelines

The Court underscored the importance of adhering to the strict timelines in selection processes, training camps, qualifying events and international competitions function.

“In our considered view, sports administration necessarily involves strict timelines. Selection, training camps, qualifying events and international competitions operate upon fixed schedules which cannot be postponed to await completion of ordinary administrative processes. This does not diminish the employer's authority over its employees but it merely requires that such authority be exercised with a degree of promptitude commensurate with the subject matter before it.”, the Court said.

Clarification

“We deem fit to clarify that the present order shall not be construed as:

a) recognising any general or vested right in a Government employee to claim deputation, foreign travel or release for an outside assignment;

b) interfering with the power of the competent authority to institute, continue or conclude any departmental proceeding against respondent No.3 in accordance with law;

c) expressing any opinion upon the merits of any such disciplinary proceeding; or

d) granting respondent No.3 permission for any private foreign travel unconnected with the national sporting assignment covered by the present proceedings.”

The appeal was allowed in the aforesaid terms.

Headnote

Administrative Law & Service Law – Deputation / NOC for National Sports Assignments – Exercise of Administrative Discretion – Article 14 of the Constitution – Duty of Timely Consideration - Although a government employee or a borrowing sports federation does not possess an absolute or vested right to claim deputation, relieving, or foreign travel permission, the absence of an absolute right cannot be equated with the absence of a right to a fair, reasonable, non-arbitrary, and timely consideration of a request - Administrative discretion must be exercised on relevant considerations, excluding extraneous ones, and within a reasonable timeframe - Where an assignment involves representing or coaching the Indian National Team at time-sensitive international events (such as the Asian Games or World Cups), delay itself defeats the object of the power exercised - A belated rejection order passed after an international event has already concluded cannot retrospectively cure prolonged executive inaction. [Paras 21–32]

Administrative Law & Judicial Discipline – Subsistence of Interim Judicial Direction vs. Subsequent Executive Action - An executive authority cannot, during the subsistence of an operative interim direction issued by a constitutional court granting provisional permission, render that direction ineffective or redundant by passing an administrative order inconsistent with it - If the authorities find compliance impracticable or contrary to rules, the appropriate course is to approach the court for modification, clarification, or stay. [Paras 25, 26].

Service Law – Pending Departmental Inquiries – Relevance in National Sports Coaching Requests - The mere existence of a pending departmental inquiry cannot be treated as an automatic, inflexible disqualification to reject an application for relieving a government employee for a national sporting camp or competition - The competent authority must balance the nature of the inquiry against the limited duration and national character of the sporting assignment - A writ court adjudicating a petition for an NOC/relieving order ought not to return conclusive adverse findings on the validity of the employee's initial appointment or service qualifications when such matters are not directly in issue. [Paras 28–30].

Cause Title: INDIAN KAYAKING AND CANOEING ASSOCIATION Versus UNION TERRITORY OF J&K AND ORS.

Citation : 2026 LiveLaw (SC) 922

Appearance:

For Petitioner(s) : Mr. Najmi Waziri, Sr. Adv. Mr. Arvind Gupta, AOR Mr. Ashwini Kumar, Adv. Mr. Arbaaz Khan, Adv. Mr. Sohail Khan, Adv. Mr. Kanav Bhardwaj, Adv. Mr. Priyanshu Kumar, Adv.

For Respondent(s) : Mr. Parth Awasthi, Adv. Mr. Pashupathi Nath Razdan, AOR Mr. Khowaja Siddiqui, Adv. Mr. Sandeep Gupta, AOR Mrs. Kanchan Gupta, Adv.