WP(C) No. 1047/2025 Page 1 of 6 HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR … WP(C) No. 1047/2025 Reserved on:04.07.2025 Pronounced on:24.07.2025 Bilquis Mir ……...Petitioner(s) Through: Mr. R. A. Jan, Sr. Advocate with Mr. Yasir Nabi, Advocate. Versus Union Territory of Jammu and Kashmir and Others ……Respondent(s) Through: Mr. Mohsin Qadiri, Sr. AAG with Ms. Maha Majeed, Assisting Counsel CORAM: HON’BLE MR. JUSTICE RAJNESH OSWAL, JUDGE J U D G M E N T 1. The petitioner has filed the instant writ petition for grant of following reliefs: i. “Writ in the nature of Mandamus or any other appropriate writ declaring the action of the respondents 1 to 4 in withholding the Permission/No Objections Certificate requested by Indian Kayaking and Canoeing Association, to facilitate the participation of the Petitioner as jury member (Chief Finish Judge) in upcoming Asian Canoe Sprint Championship, scheduled to be held in China from 06.05.2025 to 11.05.2025, totally arbitrary and capricious, illegal and unconstitutional and liable to be interdicted, be issued in favour of the Petitioner and against the respondents. ii. Writ in the nature of Mandamus or any other appropriate writ commanding the respondents in particular Respondents 1 to 4 to WP(C) No. 1047/2025 Page 2 of 6 take all the requisite and necessary measures, required to be taken/done to ensure timely participation of the Petitioner as Jury member (Chief Finishing Line Judge) upcoming Asian Canoe Sprint Championship scheduled to begin in China from 06/08.05.2025 to 11.05.2025, e also issued in favour of the Petitioner and against the respondents.” 2. Prior to this petition, the petitioner had filed a writ petition bearing WP(C) No. 775/2024 for commanding the respondents therein to ensure the timely participation of the petitioner on the invitation of the International Canoe Federation to serve as jury member in pre- Olympics scheduled to be held in Japan from 14.04.2024 to 21.04.2024, Course Umpire in Canoe Sprint World Championship scheduled to be held in Sumarkand, Uzbekistan from 23.08.2024 to 25.08.2024 and Judge in Paraolympic Games paris Olympic Games held in France from 28.08.2024 to 08.09.2024. 3. In the writ petition bearing WP(C) No. 775/2024, a Coordinate Bench of this Court vide interim order dated 15.04.2024, directed the respondents therein to grant NOC /permission to the petitioner to travel abroad for the event scheduled in Japan in the first instance. However, the said writ petition was disposed of by the Coordinate Bench vide order dated 14.08.2024, with a direction to the respondents therein to consider the case of petitioner with regard to the grant of permission/No Objection in her favour, so as to allow her to travel abroad for taking part as Judge/Member Jury in the Olympic games and world championship to be held in Paris and Uzbekistan from 20.08.2024 to 11.09.2024 within a week’s time WP(C) No. 1047/2025 Page 3 of 6 from the date a copy of the Judgment was to be made available to the respondents therein. 4. The petitioner has filed this petition on the ground that she has been selected as Jury Member for the prestigious Asian Canoe Sprint Championship scheduled to be held in China from 08-11 May 2025 and in order to substantiate this assertion, the petitioner has placed on record communications issued by the Indian Kayaking and Canoeing Association to the Directorate of Youth Services and Sports Jammu & Kashmir. 5. The respondents have filed their response stating therein that pursuant to the directions issued by the Coordinate Bench of this Court in WP(C) No. 775/2024, the claim of the petitioner for allowing her to travel abroad to participate in the various events was rejected vide order dated 20.08.2024, therefore, this petition is not maintainable. It is further stated that the FIR No. 23/2023 under the provisions of the Prevention of Corruption Act is also pending against the petitioner, and the circular mandates that the grant of permission may be denied in the interest of security, individual facing investigation/enquiry on serious charges etc. 6. Vide order dated 16.05.2025, this Court directed the petitioner to file affidavit whether she participated in the event held in China from 06.05.2025 to 11.05.2025 and in compliance thereof, the petitioner filed an affidavit stating therein in unambiguous terms that in the national interest, the petitioner participated in the event held in China. WP(C) No. 1047/2025 Page 4 of 6 7. Mr. R. A. Jan, learned Sr. Counsel appearing for the petitioner, has vehemently argued that action of the respondents in not granting the permission to the petitioner to travel abroad to participate in sport events is contrary to law as the petitioner was not embarking upon a journey abroad on account of some private matter but to represent the country in prestigious International Sports events and further the order dated 20.08.2024 passed by the respondents pursuant to the decision of the Coordinate Bench in WP(C) No. 775/2024 was never communicated to the petitioner. 8. Per contra Mr. Mohsin Qadiri, learned Sr. AAG, has argued that this petition has been rendered infructuous as the reliefs sought by the petitioner cannot be granted at this stage. He has laid much stress that the petitioner has never chosen to assail the order dated 20.08.2024 passed by the respondents whereby the claim of the petitioner to travel abroad to participate in various international events was rejected. 9. Heard learned counsel for the parties and perused the record. 10. The record depicts that vide communication dated 11.04.2025, the President, Indian Kayaking and Canoeing Association, requested the respondent No. 4 to grant permission and necessary No Objection Certificate to facilitate the petitioner to participate in the prestigious Asian Canoe Sprint Championship to be held in China from 08.05.2025 as Jury Member. Same request was made to respondent No. 3 in the form of third reminder dated 26.04.2025. The petitioner has also placed on record the application submitted by the petitioner WP(C) No. 1047/2025 Page 5 of 6 dated 18.04.2025 to District Youth Services and Sports, Srinagar for issuance of NOC in her favour for participation in Asian Championship at China. 11. This petition was filed by the petitioner on 05.05.2025, i.e. just three days before the event, and in an application for grant of interim relief, a prayer was made for directing the respondent No. 1 to 3 to take all requisite measures to ensure timely participation of the petitioner as Jury Member in the Asian Canoe Sprint Championship in China. The petitioner cannot expect the disposal of the petition within three days of its filing, particularly when the similar claim made by the petitioner was being seriously contested by the respondents. The petitioner on her own participated in the Championship despite the fact that the petition filed by the petitioner was still pending. There is substance in the submission made by the learned Sr. AAG that the petition has been rendered in- fructuous, as the petitioner on her own had participated in the Championship without obtaining any No Objection Certificate, from the respondents, as such, this Court does not find any reason to adjudicate upon an infructuous matter. 12. So far as the contention of the petitioner, that the order dated 20.08.2025 whereby the claim of the petitioner was rejected was not intimated to the petitioner, and as such, the petitioner had no occasion to assail the same, the order dated 20.08.2024 is now available with the petitioner and the petitioner can avail the appropriate remedy as available under law and the contention raised by the petitioner in the present petition are not required to be WP(C) No. 1047/2025 Page 6 of 6 considered as the relief sought by the petitioner cannot be granted at this stage. 13. Accordingly, the present petition is disposed of as having been rendered in-fructuous, with liberty to the petitioner to avail appropriate remedy as available under law, if so advised. (RAJNESH OSWAL) JUDGE Srinagar 24.07.2025 “Shaista-PS” Whether the Judgment is reportable: Yes/No.