Online Registration System For Championships, Important Posts In Sports Bodies Exclusively For Sports Persons: Madras HC Issues Directions To Prevent 'Favouritism' & 'Nepotism'

Madras High Court has issued directions to streamline the functioning of Sports Organisations/ Associations/ National Sports Federations and its State Units/ National Olympic Association etc., including a mandate for an online registration system at all levels and laying down qualification requirements of functionaries at the helm of such Associations/ Federations. A single-judge bench of Justice R. Mahadevan was adjudicating the grievance of a sportswoman who alleged favouritism and nepotism from the Tamil Nadu Athletics Association. The petitioner, S. Nithya, a Discus Throw Champion, accused the State Association of nit-picking the athletes of their choice for Open National Championships in 2017 & 2018, disregarding the petitioner and others who possessed the necessary qualification to participate in the National Level Event. The petitioner also contended that she was not given proper accommodation or allowances during the State Level Meet by the Athletics Association. The petitioner counsel, S. Anil Sandeep, also argued that many athletes were made to sign on blank papers to make it seem like funds were allotted and spent on such sportspersons, in addition to altering the records to project that training camps were conducted.'While issuing the directions, the court also discussed elaborately the issue of persons not eminent in sports adorning the important posts in such sports organisations/ National Sports Federations. "Unless the said President, Vice President and other important functionaries of the Federation are also persons of eminence in the particular field of sports, merit and accountability would be seriously compromised. It would be dangerous to imagine a situation, where a person who is completely unknown to the field of sports, is given the decision to appoint a national coach in respect of that particular sport, who in turn would be the decision-making authority to decide which of the sportspersons would qualify for participation in international events. While it is seen that even Joint Secretaries and Assistant Secretaries of NSFs and the IOA (who acts as liaison officer between the Government and the Federation, and who have been given administrative and financial accounting related powers only) are to necessarily possess the qualification…Such a requirement of possession of knowledge of the sport has to be made mandatory for the post of President of the Federation who has been empowered to decide the fate of the sports persons' entire career and the prospects of India in the international sports arena sports, including at the Olympics", the single judge bench noted in the order. Directions Issued Issuing directions on all the aspects brought to the court's attention by the petitioner, Madras High Court has asked the competent Sports Authorities/ Federations to formulate an online registration system for all district level, state level and national level athletic championships, competitions, meets and events, similar to the model followed in the Federation Cup Athletics Championships immediately. The court has also clarified that the amounts allotted and spent on each athlete for such events, including allowances, must be published online. Another important direction pertains to the composition of such Associations. The single-judge bench has instructed that the posts of President, Vice President and Secretary of every sports Association/Organisation/NSFs and its State Units, as well as important functionaries of such organisations, shall be held only by sportspersons. According to the court, it must also be ensured that a minimum of 75% of the members of any such sports organisation shall be composed of eminent sportspersons who will possess voting rights. The court also mentioned that mere financial contribution does not entitle a businessman/ non-sports person to occupy the above-said offices. For occupying important posts mentioned above, a 'sports person' would mean a person who has participated in sports at least at the State level, with preferable participation at the national level and winning of awards and accolades at the national level, clarified the court. The selection committee with the exclusive decision-making power for the selection of athletes will consist only of sportspersons in the respective association as well as the sports Federation hereon, underlined the court. The court has also observed that there is a dire need to effectively implement National Sports Development Code, 2011 & National Sports Policy, 2001. The court requires the State of Tamil Nadu should consider initiating steps for a legal framework that imposes statutory regulation on the functioning of every such sports organisation, including the state unit of the National Sports Federation in respect of every field of sports, till the passing of such a statute by the state legislature. The High Court has also...

Online Registration System For Championships, Important Posts In Sports Bodies Exclusively For Sports Persons: Madras HC Issues Directions To Prevent 'Favouritism' & 'Nepotism'

Sebin James

In the absence of eminent sportspersons' involvement in decision making, arbitrariness and extraneous consideration in selection will continue to cause injustice to be meted out to the deserving candidates, the court noted in the order.

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