Delhi High Court Permits Wrestler Vinesh Phogat To Participate In Asian Games Selection Trials, Says WFI's Policy 'Exclusionary'

The Delhi High Court on Friday (May 22) permitted wrestler Vinesh Phogat to participate in the selection trials for the 2026 Asian Games which are scheduled for May 30 and 31.

In doing so the court observed that Wrestling Federation of India's (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 must ensure that motherhood does not become a ground for exclusion or marginalisation of female athletes such as Phogat.

A division bench of Chief Justice DK Upadhyay and Justice Tejas Karia in its order observed that Phogat had applied for sabbatical during 2025 and, therefore, could not participate in any championship or competition held in that year as the Appellant gave birth to her first child in July, 2025.

It said that she had kept informed the ITA and UWW as well as Sport Authority of India about her sabbatical and also received confirmation on 03.07.2025 that the she would be eligible to compete from 01.01.2026 onwards.

Remarking on the deviation in the standard of selection trials by Wrestling Federation of India, the court said,

"The standard for Selection Trials, as adopted in the Policy and the Circular, marks significant deviation from the past practice. The Guidelines for the National Coaching Camps dated 29.04.2025 issued by Respondent No. 1 (WFI) clearly provides that the Respondent has discretion to select iconic players for Asian Games without participating in the coaching to be eligible for the trials.

In view of the above, the Policy and the Circular are clearly exclusionary in nature as it does not give any discretion to Respondent No. 1 to consider iconic players like the Appellant in view of the sabbatical taken on account of her maternity leave. It is well recognised principle of law that due to maternity, a woman cannot be prejudiced in any manner in terms of her employment, career, ranking and promotion during the period of maternity leave. Therefore, the Policy and the Circular are required to be examined by the learned Single Judge on merit in the Writ Petition, which is pending".

The bench in its order also observed that it cannot be denied that the journey of a female athlete through pregnancy and the post-partum period is one that is marked by extraordinary physical challenges, the magnitude of which is often insufficiently acknowledged within institutional sporting frameworks. It further said that across cultures and histories, motherhood has been celebrated and supported in widely different ways; at the same time, becoming mother can never become a disability.

It further said that a legal and regulatory framework that either expressly or impliedly disadvantages a woman on account of pregnancy or post-partum recovery would clearly violate the principles of non-discrimination enshrined in Articles 14 and 21 of the Constitution of India.

The court said:

"The motherhood must be viewed as a natural and deeply significant aspect of life that deserves accommodation and institutional sensitivity. Therefore, the law must ensure that motherhood does not become a ground for exclusion or marginalisation of female athletes such as the Appellant. In the present case, the Appellant's exclusion from the Selection Trials is directly attributable to the sabbatical and temporary retirement from her sporting activities. The duration of her maternity and recovery from the same coincided with the schedule of the Championships, which were required to be participated for meeting the eligibility criteria for the Selection Trials of the Asian Games, 2026 in accordance with the Policy and the Circular".

The bench observed that the observations made by WFI in the Show Cause Notice with regard to the mishap in 2024 Paris Olympic Games, which led to disqualification of the Phogat by calling it “national embarrassment” is "deplorable".

It said that such observations made in the notice despite the Award issued by CAS, which clearly held that there was no wrongdoing on part of the Appellant, appear to be pre-mediated and are ex-facie misconceived and should have been avoided.

"Such observations are retrograde and show the mala fide intent of Respondent No. 1 by being vindictive against the Appellant," the court said.

Phogat had moved the single judge bench against WFI's Asian Games Selection Policy dated 25.02.2026 and the Selection Criteria Circular dated 06.05.2026 to the extent that they operate to exclude the Appellant from participation in the selection trials of Asian Games 2026. She had also challenged a Show Cause Notice dated 09.05.2026 praying that WFI be directed to carry out her trial under the supervision of Indian Olympic Association and Ministry of Youth Affairs and Sports representatives.

The Single judge had issued notice on her plea and interim application directing WFI to carry its show cause notice to its logical conclusion before next date of hearing in July; Phogat moved the division bench seeking permission to participate in the trials.

The division bench further said that while Policy, the Circular and the Show Cause Notice were being examined by the Single Judge in Phogat's Writ Petition, it was imperative that the Writ Petition is not made infructuous by not allowing Phogat to participate in the Selection Trials during the pendency of the plea.

The court said that Phogat had prima facie has made out a good case on merits to challenge the Policy and the Circular being completely arbitrary and discriminatory by restricting the participation of the athletes in the Selection Trials, who are the medal winners of 2025 and 2026, thereby disqualifying her from participation in the Selection Trials.

The bench further said that the grounds taken in the Show Cause Notice appear to be pre-mediated and reopening the closed issues. It said that the Single Judge would examine the same on merit once the Show Cause Notice is brought to the logical conclusion.

But in the meanwhile, the bench remarked that it was necessary that Phogat is permitted to participate in the Selection Trials in the interest of sport and justice. It said that in view of the peculiar facts and circumstances it was clear that except for the Phogat's motherhood and the Show Cause Notice issued by WFI, she would be entitled to participate in the Selection Trials.

It thus directed:

"The Appellant shall be permitted to participate in the Selection Trials for Asian Games, 2026, which are scheduled for 30.05.2026 and 31.05.2026. The Selection Trials shall be video-recorded by Respondent No. 1 (WFI). Respondent No. 2 (Sports Ministry) shall nominate two independent observers from Sports Authority of India and Indian Olympic Association, who shall observe the Selection Trials for Asian Games, 2026 and submit a Report before the learned Single Judge in the pending Writ Petition".

Phogat argued that that owing to the her duly disclosed maternity-related absence, childbirth, postpartum recovery and regulated return-to-competition process, none of the qualification routes prescribed under the Policy and Circular were realistically available to her. She argued that the impugned framework was stated to convert her maternity-related sporting interruption into a disabling factor operating against participation itself, thereby producing manifestly unequal and discriminatory consequences for a woman athlete.

WFI said that Phogat is not entitled to participate in the selection trials, since she had voluntarily retired from the sport of wrestling and, on that account, did not participate in the competitions specified in the Circular. Further, WFI has no power to create exemption to the Policy or the Circular and the Policy and the Circular are uniformly applied to all the athletes and, therefore, there is no discrimination against Phogat.

Meanwhile the Counsel for Union Ministry of Youth and Sports Affairs imposed no bar upon Phogat participation in the Selection Trials, however the ministry cannot step into the shoes of WFI, as such intervention may entail international sporting repercussions. It was submitted that the ministry would arrange independent observers for the Selection Trials from SAI and IOA to maintain transparency and fairness and also get the entire Section Trial video-recorded.

Disposing of the appeal the court however clarified that it had not made any observations on merit and it was open for the parties to raise all pleas before the single judge in the pending writ petition which shall be decided on its merit.

Case title: VINESH PHOGAT v/s WRESTLING FEDERATION OF INDIA & ORS

LPA 399/2026

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