CWG 2022: Delhi High Court Asks Indian Olympic Association If It Will Increase AFI Quota For Including High Jumper Tejaswin Shankar & Other Athletes

The Delhi High Court on Friday said that it is hopeful that the Indian Olympic Association (IOA) would increase the Athletics Federation of India (AFI) quota for participation in the 2022 Birmingham Commonwealth Games so that all five additionally selected athletes, including High Jumper Tejaswin Shankar, are included in the Commonwealth contingent.

The development came after the Athletics Federation of India (AFI) apprised the Court that Shankar can be included in the Commonwealth Games if the AFI quota is increased by Indian Olympic Association.

Shankar had moved the High Court challenging the decision of the Athletics Federation of India to exclude him from participating in the 2022 Birmingham Commonwealth Games despite being the national high jump record holder (2.29m) and being the only Indian to have met the qualification standard of 2.27m with a jump of 2.27m, while winning a gold medal at the NCAA Track and Field Outdoor Championship 2022 in the USA.

The Court had earlier this week directed the selection committee of Athletics Federation of India to consider the case of Shankar on merits of him jumps for the Commonwealth Games.

Accordingly, taking on record the minutes of the meeting of selection committee of Athletics Federation of India on June 22nd, Justice Jasmeet Singh today ordered thus:

"Suffice to say at this moment that this Court is hopeful that the IOA would increase the AFI quota for participation in the Commonwealth Games so that all five additionally selected athletes (including Shankar) are included in the Commonwealth contingent."

The Court also allowed the application seeking impleadment of Indian Olympic Association as a Respondent party, thereby seeking its response to the petition.

The matter is now posted for hearing on July 4.

Senior Advocate Gopal Sankarnarayanan along with Advocate Malak Bhatt appeared for Shankar. AFI was represented by Advocate Parth Goswami.

Shankar, in his petition argues that he has not been considered by the AFI for failing to take permission to be exempted from attending the 2022 Interstate Senior Athletics Championships.

The plea argues that Shankar had made a representation to the National Chief Coach as early as in February 2022 seeking an exemption from participation in the Interstate championships as they clashed with the NCAA Championship via WhatsApp. However, it has been claimed that no response was provided by the AFI his request for an exemption.

"The 'AFI Qualification Guidelines For Selection Of Indian Team' provides the AFI the discretion to exempt 'elite' athletes from participating in the Interstate Championships. The guidelines themselves do not speak of the need for a representation for exemption to be made and it becomes clear that the AFI could exempt an elite athlete if deemed appropriate," the plea adds.

Furthermore, stating that AFI had granted exemptions to others like Neeraj Chopra, Seema Punia and Avinash Sable from the said event, the plea argues that Punia was included in the squad despite not having met the qualification standard in any competition.

"It is humbly submitted that the Petitioner is at present, indisputably, the best Indian high jumper in the world, and on the basis of current form is undoubtedly a medal contender at the CWG 2022. In fact, only two high jumpers (both non-Indian) who will prospectively be competing at the CWG 2022 have a better jump than him this year. It is in the interest of the nation that the Petitioner be allowed to participate in the CWG 2022, on the basis of his merit, as established from his jumping record, both recent and otherwise," the plea states.

Accordingly, it has been prayed that Shankar is not disqualified from participating at the CWG 2022 based on non-attendance at the Interstate championships, and be allowed to participate on the basis of having met the qualifying standard at the NCAA championships.

Case Title: TEJASWIN SHANKAR v. ATHLETICS FEDERATION OF INDIA & ORS.