BREAKING| Supreme Court Allows Wrestler Vinesh Phogat To Participate In Asian Games Selection Trials

Justice Narasimha, while acknowledging the talent and the achievements of Phogat at the global level, observed that the global norms have to be followed. 

"What is concerning when the ITA test is missed, it has a logical consequence, because Indian sports is integrally connected to the world sports. If some kind of disqualification appears at the global level, it reflects on India. You did not give the whereabouts for the doping test and missed the first doping test."

Justice Narasimha said that he was surprised to note the High Court terming the WFI policy "exclusionary" when the terms are applicable across the board.  Justice Narasimha expressed reservations about the High Court approaching the matter as a hardship due to motherhood, when the issue was really about compliance with the ITA norms. 

 Senior Advocate Madhavi Divan, for Phogat, submitted that the matter was linked to her motherhood and pleaded that she be given an opportunity to participate in the trials.  Divan requested that Phogat be allowed to participate in the trials, subject to the outcome of the litigation. "If I am not allowed to participate, that will be a national embarrassment," Divan submitted, highlighting that Phogat was a woman who gave birth ten months ago.

"You are an excellent wrestler, you have made the country proud, but it's the country first. The High Court can't disrupt the entire schedule," Justice Narasimha said.

The Judge added : "You have not claimed that this has not happened because of pregnancy... but the High Court puts it as if ..... two serious lapses- not the whereabouts, and missing the doping test. The question before the HC was the legality and validity of the conditions of Asian Games- you had not participated in four games..." Divan however maintained that the issue was linked to her motherhood. She also alleged that there was malice on the part of WFI in changing the policy to consider past-performances. "This was tailor-made to exclude her," Divan claimed, attributing malice on the part of the authorities.

Justice Narasimha, despite reiterating reservations about the High Court's order, said that the bench was not inclined to interfere with the relief granted.

"We don't want to get into an argument as if her pregnancy is the cause of this kind of situation. That approach is unacceptable. Today, there is a direction she must be permitted to participate. To that extent, it may not be correct for us to withdraw that," Justice Narasimha said, adding that the single bench was not justified in adjourning the matter to July (after which the division bench interfered on Phogat's appeal).

The counsel appearing for the WFI urged the bench to stay the High Court's order. The counsel submitted that the WFI was following the international norms, and there was no targeted exclusion of Phogat.

"There are other mothers too," the WFI's counsel said, adding that the circulars were in existence in 2024.

Justice Narasimha however said that at times an equitable approach has to be taken, though not strictly legal. "To tell her to go back would not be proper. Everything is not legal based," Justice Narasimha said.

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On May 22, a division bench of the Delhi High Court directed that Phogat be allowed to take part in the selection trials scheduled for May 30 and 31. In doing so, the High Court observed that the WFI selection policy was "clearly exclusionary in nature" as it does not give any discretion to WFI to consider iconic players like Phogat in view of the sabbatical taken on account of her maternity leave, as a woman cannot be prejudiced for taking maternity leave.

It further observed that Phogat's exclusion from the Selection Trials is directly attributable to the sabbatical and temporary retirement from her sporting activities on account of her maternity leave, and the law must ensure that motherhood does not become a ground for exclusion or marginalisation of female athletes such as Phogat.

The High Court also ordered that the trials be video recorded and conducted under the supervision of independent observers appointed by the Sports Authority of India (SAI) and the Indian Olympic Association (IOA) to ensure transparency in the selection process.

The directions were issued by a Division Bench comprising Chief Justice Devendra Kumar Upadhyaya and Justice Tejas Karia while hearing an appeal filed by Phogat against an interim order passed by a single judge Bench.

The single judge had refused to grant interim relief in Phogat's pending writ petition challenging the WFI's selection policy as well as a show-cause notice issued against her.

Phogat had approached the High Court contending that she should be permitted to participate in the selection process for the upcoming international event. The Division Bench, while granting interim relief, put in place safeguards including video recording and independent oversight of the trials.

Case: Wrestling Federation of India v. Vinesh Phogat | SLP (c) 19503/2026