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2026 DAILYLAW 14911 (GAU)

TUSYA ARANYAK DUTTA v. THE STATE OF ASSAM AND ORS

I.A.(Civil)/3376/2026 · 2026-09-21

Manish Choudhury

body2026

Judgment text

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Page No.# 1/12 GAHC010207002026 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/3376/2026 TUSYA ARANYAK DUTTA REPRESENTED BY HIS FATHER KUNAL DUTTA MILAN DUTTA AS NEXT FRIEND AND NATURAL GUARDIAN RESIDENT OF AMOLAPATTY ROAD WARD NO 9 NORTH LAKHIMPUR PO AND PS NORTH LAKHIMPUR DISTRICT NORTH LAKHIMPUR ASSAM PIN 787001 VERSUS THE STATE OF ASSAM AND ORS REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM SPORTS AND YOUTH WELFARE DEPARTMENT DISPUR GUWAHATI ASSAM 2:THE TABLE TENNIS FEDERATION OF INDIA A SOCIETY DULY REGISTERED UNDER THE SOCIETIES REGISTRATION ACT OF 1860 HAVING ITS REGISTERED OFFICE AT I-12 3RD FLOOR DSIIDC INDUSTRIAL COMPLEX ROHTAK ROAD (NEAR UDYOG NAGAR METRO STATION) NEW DELHI- 110041 INDIA REPRESENTED BY ITS PRESIDENT/ SECRETARY GENERAL.. 3:THE ASSAM TABLE TENNIS ASSOCIATION HAVING ITS OFFICE AT ATTA INDOOR STADIUM GUWAHATI- 781007 UNDER P.O. ULUBARI P.S. LATASIL DISTRICT- KAMRUP M ASSAM REPRESENTED BY THE PRESIDENT/ SECRETARY. Page No.# 2/12 4:THE NOWGONG SPORTS ASSOCIATION HAVING ITS OFFICE AT NURUL AMIN STADIUM ASSAM TRUNK ROAD NAGAON ASSAM PIN- 782001 REPRESENTED BY THE PRESIDENT/ GENERAL SECRETARY. 5:GITARTHA DAS PRESENTLY FUNCTIONING AS THE JOINT SECRETARY ASSAM TABLE TENNIS ASSOCIATION ABTTA INDOOR STADIUM GUWAHATI-781007 UNDER P.O. ULUBARI P.S. LATASIL DIST. KAMRUP METRO ASSAM 6:BIMAN BHAGAWATI AN ALLEGEDLY ENLIGHTENED NIS COACH ATTACHED WITH THE DISTRICT SPORTS OFFICER SIVASAGAR UNDER P.O. AND P.S. SIVASAGAR DIST. SIVASAGAR ASSAM 7:BHASKAR SARMAH AN ALLEGED NIS COACH ATTACHED TO THE DISTRICT SPORTS OFFICE KAMRUP METRO SARUSAJAI SPORTS COMPLEX GUWAHATI-34 UNDER THE DIRECTORATE OF SPORTS AND YOUTH WELFARE UNDER P.O. LALMATI P.S. BASISTHA DIST. KAMRUP METRO ASSAM 8:GOBINDA UPADHYAI A RETIRED FORMER NIS COACH AND PRESENTLY AN OFFICIAL UNDER ASSAM TABLE TENNIS ASSOCIATION (ATTA) INDOOR STADIUM GUWAHATI-781007 UNDER P.O. ULUBARI P.S. LATASIL DIST. KAMRUP METRO Page No.# 3/12 ASSA Advocate for the Petitioner : MR. G CHAUDHURY, MS M N KONYAK Advocate for the Respondent : GA, ASSAM, Linked Case : I.A.(Civil)/2954/2026 SRI TUSYA ARANYAK DUTTA REPRESENTED BY HIS FATHER SRI KUNAL DUTTA @ MILAN DUTTA NEXT FRIEND AND NATURAL GUARDIAN RESIDENT OF AMOLAPATTY ROAD WARD NO. 9 NORTH LAKHIMPUR ASSAM PIN 787001. VERSUS THE STATE OF ASSAM AND ORS REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM SPORTS AND YOUTH WELFARE DEPARTMENT DISPUR GUWAHATI 6 2:THE TABLE TENNIS FEDERATION OF INDIA A SOCIETY DULY REGISTERED UNDER THE SOCIETIES REGISTRATION ACT OF 1860 HAVING ITS REGISTERED OFFICE AT I-12 3RD FLOOR DSIIDC INDUSTRIAL COMPLEX ROHTAK ROAD (NEAR UDYOG NAGAR METRO STATION) NEW DELHI- 110041 INDIA REPRESENTED BY ITS PRESIDENT/ SECRETARY GENERAL. 3:THE ASSAM TABLE TENNIS ASSOCIATION HAVING ITS OFFICE AT ATTA INDOOR STADIUM GUWAHATI- 781007 UNDER P.O. ULUBARI Page No.# 4/12 P.S. LATASIL DISTRICT- KAMRUP M ASSAM REPRESENTED BY THE PRESIDENT/ SECRETARY. 4:THE NOWGONG SPORTS ASSOCIATION HAVING ITS OFFICE AT NURUL AMIN STADIUM ASSAM TRUNK ROAD NAGAON ASSAM PIN- 782001 REPRESENTED BY THE PRESIDENT/ GENERAL SECRETARY. 5:GITARTHA DAS PRESENTLY FUNCTIONING AS THE JOINT SECRETARY ASSAM TABLE TENNIS ASSOCIATION ABTTA INDOOR STADIUM GUWAHATI-781007 UNDER P.O. ULUBARI P.S. LATASIL DIST. KAMRUP METRO ASSAM 6:BIMAN BHAGAWATI AN ALLEGEDLY ENLIGHTENED NIS COACH ATTACHED WITH THE DISTRICT SPORTS OFFICER SIVASAGAR UNDER P.O. AND P.S. SIVASAGAR DIST. SIVASAGAR ASSAM 7:BHASKAR SHARMA AN ALLEGED NIS COACH ATTACHED TO THE DISTRICT SPORTS OFFICE KAMRUP METRO SARUSAJAI SPORTS COMPLEX GUWAHATI-34 UNDER THE DIRECTORATE OF SPORTS AND YOUTH WELFARE UNDER P.O. LALMATI P.S. BASISTHA DIST. KAMRUP METRO ASSAM 8:GOVINDA UPADHYAYA A RETIRED FORMER NIS COACH AND PRESENTLY AN OFFICIAL UNDER ASSAM TABLE TENNIS ASSOCIATION (ATTA) INDOOR STADIUM Page No.# 5/12 GUWAHATI-781007 UNDER P.O. ULUBARI P.S. LATASIL DIST. KAMRUP METRO ASSAM ------------ Advocate for : MR G CHOUDHURY Advocate for : GA ASSAM appearing for THE STATE OF ASSAM AND ORS Linked Case : WP(C)/4326/2026 TUSYA ARANYAK DUTTA MINOR BEING REPRESENTED BY SRI KUNAL DUTTA ALIAS MILAN DUTTA AS FATHER NEXT FRIEND AND NATURAL GUARDIAN RESIDENT OF AMOLAPATTY ROAD WARD NO. 9 NORTH LAKHIMPUR UNDER P.O. AND P.S. NORTH LAKHIMPUR DISTRICT- NORTH LAKHIMPUR ASSAM. VERSUS THE STATE OF ASSAM AND 7 ORS REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM SPORTS AND YOUTH WELFARE DEPARTMENT DISPUR GUWAHATI- 6. 2:THE TABLE TENNIS FEDERATION OF INDIA A SOCIETY DULY REGISTERED UNDER THE SOCIETIES REGISTRATION ACT OF 1860 HAVING ITS REGISTERED OFFICE AT I-12 3RD FLOOR DSIIDC INDUSTRIAL COMPLEX ROHTAK ROAD (NEAR UDYOG NAGAR METRO STATION) NEW DELHI- 110041 INDIA REPRESENTED BY ITS PRESIDENT/ SECRETARY GENERAL.. 3:THE ASSAM TABLE TENNIS ASSOCIATION HAVING ITS OFFICE AT ATTA INDOOR STADIUM Page No.# 6/12 GUWAHATI- 781007 UNDER P.O. ULUBARI P.S. LATASIL DISTRICT- KAMRUP M ASSAM REPRESENTED BY THE PRESIDENT/ SECRETARY. 4:THE NOWGONG SPORTS ASSOCIATION HAVING ITS OFFICE AT NURUL AMIN STADIUM ASSAM TRUNK ROAD NAGAON ASSAM PIN- 782001 REPRESENTED BY THE PRESIDENT/ GENERAL SECRETARY. 5:GITARTHA DAS PRESENTLY FUNCTIONING AS THE JOINT SECRETARY ASSAM TABLE TENNIS ASSOCIATION ABTTA INDOOR STADIUM GUWAHATI-781007 UNDER P.O. ULUBARI P.S. LATASIL DIST. KAMRUP METRO ASSAM 6:BIMAN BHAGAWATI AN ALLEGEDLY ENLIGHTENED NIS COACH ATTACHED WITH THE DISTRICT SPORTS OFFICER SIVASAGAR UNDER P.O. AND P.S. SIVASAGAR DIST. SIVASAGAR ASSAM 7:BHASKAR SARMAH AN ALLEGED NIS COACH ATTACHED TO THE DISTRICT SPORTS OFFICE KAMRUP METRO SARUSAJAI SPORTS COMPLEX GUWAHATI-34 UNDER THE DIRECTORATE OF SPORTS AND YOUTH WELFARE UNDER P.O. LALMATI P.S. BASISTHA DIST. KAMRUP METRO ASSAM 8:GOBINDA UPADHYAI A RETIRED FORMER NIS COACH AND PRESENTLY AN OFFICIAL UNDER ASSAM TABLE TENNIS Page No.# 7/12 ASSOCIATION (ATTA) INDOOR STADIUM GUWAHATI-781007 UNDER P.O. ULUBARI P.S. LATASIL DIST. KAMRUP METRO ASSAM ------------ Advocate for : MR G CHOUDHURY Advocate for : GA ASSAM appearing for THE STATE OF ASSAM AND 7 ORS BEFORE HONOURABLE MR. JUSTICE MANISH CHOUDHURY ORDER Date : 22.09.2026 Heard Mr. G. Chaudhury, learned counsel appearing for the applicant – writ petitioner and Mr. P. Nayak, learned counsel appearing for the opposite party – respondent nos. 3 & 5. 2. The applicant as the writ petitioner has preferred the accompanying writ petition, W.P. [C.] no. 4326/2026 to assail an Order of Suspension issued against the applicant – writ petitioner by the opposite party - respondent no. 3. This Court on 14.08.2026 while issuing notice to the respondents therein, also passed an interim order. The applicant – writ petitioner also preferred an interlocutory application, I.A.[C.] no. 2954/2026 subsequently, seeking relief in the form of a direction to send his application for participation in another championship. The applicant - writ petitioner has again preferred the instant interlocutory application seeking relief in the form of a direction to send his participation in another Table Tennis Championships at Panchkula, Haryana. 3. The facts leading to filing of the writ petition have already been narrated, briefly, in the Order dated 14.08.2026 passed in the writ petition, W.P.[C.] no. 4326/2026 and also, in the Order dated 26.08.2026 passed in I.A.[C.] no. 2954/2026. Thus, those facts are not reiterated in this order for brevity. But for all intents and purposes, the obtaining fact situation recorded in the Order dated 14.08.2026 [supra] and the Order dated 26.08.2026 [supra] are to be treated as part and parcel of the present order. Page No.# 8/12 4. The interim Order passed on 14.08.2026 was to the following effect : 17. In view of the discussions above and for the reason assigned therein, this Court is of the view that the petitioner has been able to make out a prima facie case for an interim order. In such view of the matter, as the decision conveyed by the WhatsApp message, referred above, regarding suspension of the petitioner from participating in all Tournaments conducted under the aegis of the ATTA with immediate effect and until further notice is found prima facie contrary to Clause 11[a] and Clause 11[b] of the MoA of the TTFI, it is observed that such decision shall be held to be inoperative in the interim. Consequently, it is directed, in the interim, that the respondent no. 2, TTFI, the respondent no. 3, ATTA and all other respondent authorities connected with the matter shall facilitate and allow submission of the application of the petitioner for participation in the UTT Championships – 2026 before 11-00 Hours on 15.08.2026. On receipt of such application, the Secretary General, TTFI shall use his discretion to accept the entry of the petitioner in view of the special circumstances after closure of the deadline, if the petitioner by virtue of his present All India Ranking is found eligible to participate in U-11 category and U-13 category Boys’ events. 5. At the time of preferring the writ petition, it was the UTT National Ranking Table Tennis Championships - 2026, which were to be conducted by the Uttar Pradesh Table Tennis Association under the auspices of the Table Tennis Federation of the India [TTFI] at Kanpur from 16.08.2026 to 23.08.2026, in respect of which the applicant – writ petitioner sought his inclusion after the entries for participation from State Associations were closed on 05.08.2026. For reasons not discussed in this order for brevity, the participation of the applicant – writ petitioner in the UTT Championships – 2026 at Kanpur was not materialized. 6. When another tournament, UTT Assam Ranking Table Tennis Championship – 2026 at Guwahati was scheduled to commence from 29.08.2026, the applicant-petitioner preferred the interlocutory application, I.A.[C.] no. 2954/2026. Page No.# 9/12 7. In I.A.[C.] no. 2954/2026, this Court on 26.08.2026 passed the following interim Order :- 15. From a reading of the above-quoted paragraph, it is evidently clear that the interim reliefs extended to the applicant-writ petitioner are in two parts, firstly, the suspension of the applicant-writ petitioner from participating in all tournaments conducted under the aegis of the ATTA with immediate effect and until further notice having been found prima facie contrary to Clause 11[a] and Clause 11[b] of the Memorandum of Association [MoA] of the TTFI, is to be held as inoperative in the interim; and secondly, the opposite parties- respondent authorities shall facilitate and allow submission of the application of the applicant-writ petitioner for participation in the UTT Championships – 2026 on 15.08.2026, which was to be held at Kanpur. 16. From the contents of the decision which has been conveyed by the WhatsApp message [Annexure-3], it is evidently clear that the opposite party- respondent no. 3 has misread the interim order passed by this Court on 14.08.2026. The aspect whether it is a deliberate or otherwise, can be examined only after appearance of the opposite parties-respondent nos. 3 – 8. Therefore, it is reiterated that by the interim order dated 14.08.2026, the decision of the opposite party-respondent no. 3 to suspend the applicant-writ petitioner from participating in any tournament conducted under the aegis of the opposite party-respondent no. 3, which naturally includes all the District Associations under it, is held to be inoperative till the interim order dated 14.08.2026 is in force. Meaning thereby, the applicant-writ petitioner is to be allowed participation in all the tournaments held under the aegis of the opposite party-respondent no. 3 and its District Associations, if his participation in U-11 Category and U-13 Category Boys events is permitted by virtue of his All India Ranking, which is stated, presently, as Rank 68. It is observed that the opposite party-respondent no. 3 and its affiliated District Page No.# 10/12 Association shall facilitate participation of the applicant-writ petitioner in the UTT Assam Ranking Table Tennis Championships – 2026 and all other tournaments, as noted above, till the interim order dated 14.08.2026 is in currency, subject to the condition of his eligibility on the basis of his All India Ranking. 17. To facilitate such participation, the opposite party-respondent no. 3, ATTA and all other respondent authorities connected with the matter shall facilitate and allow submission of the application of the applicant-writ petitioner for participation in the UTT Assam Ranking Table Tennis Championships – 2026 by 27.08.2026. 8. It transpires from the Minutes of an Emergent Meeting convened by the opposite party - respondent no. 3 on 26.08.2026 for the consideration of the participation of the applicant – writ petitioner in the UTT Assam Ranking Table Tennis Tournament – 2026, a copy of which is annexed to this application as Annexure – A-5, the opposite party – respondents in the ATTA resolved that participation of the applicant – writ petitioner could not practically be accommodated in the said Tournament at Guwahati at that stage. The reasons recorded in the Minutes of the Meeting of the opposite party - respondent no. 3 are not discussed in this Order, as the application is pending, as on date. 9. The occasion for the applicant – writ petitioner to prefer the instant interlocutory application has arisen due to another forthcoming tournament, National Ranking Table Tennis Championships – 2026, to be conducted by Haryana Table Tennis Association under the auspices of the TTFI at Panchkula, Haryana from 06.10.2026 to 13.10.2026. As per the Prospectus of the National Ranking Table Tennis Championships – 2026 [‘the Haryana Championships – 2026’ for short], the closing date for entries from State Associations is 23.09.2026. The Championships have, among others, events for Youth Boys Singles [U-13] and Youth Boys Singles [U-11]. 10. As per the Rules and Regulations of the Haryana Championships – 2026, only registered players of the TTFI for the year 2026 can participate in the Championships. The Page No.# 11/12 Youth Boys [U-13] category event is open only to those players who are born on or after 01.01.2014 and the Youth Boys [U-11] events are open only to those players who are born on or after 01.01.2016. For evidence of age, the players would be required to carry their Original Date of Birth Certificate issued by the Municipal Corporation / School so that it can be verified, if and when required. 11. It is the case of the applicant – writ petitioner that he is a registered player under the TTFI with ID 209587 and in the document issued in that respect by the TTFI, the applicant – writ petitioner’s Date of Birth is recorded as 06.03.2017, which Date of Birth is also recorded in the applicant – writ petitioner’s Passport also. It is, thus, contended that the applicant – writ petitioner is eligible to participate in the Youth Boys [U-13] and Youth Boys [U-11] category events in the Haryana Championships – 2026 scheduled to be from 06.10.2026 to 13.10.2026. 12. With an apprehension that the opposite parties – respondents, more particularly, the opposite party – respondent no. 3 would not send the entry of the applicant – writ petitioner for participation in the Haryana Championships – 2026, scheduled from 06.10.2026 before 23.09.2026, the applicant – writ petitioner has approached this Court by the instant interlocutory application. 13. By the Orders, dated 14.08.2026 [supra] and dated 26.08.2026 [supra], this Court has already observed that the matter of suspension shall be held to be operative in the interim. It has been clarified that the applicant – writ petitioner is to be allowed participation in all tournaments held under the aegis of the opposite party – respondent no. 2, TTFI, the opposite party – respondent no. 3, ATTA and its District Associations, if his participation in U- 11 category and U-13 category Boys events is permissible by virtue of his All India Ranking, which is stated, presently, as Rank – 68. It has been further observed that the opposite party – respondent no. 3 and its affiliated District Associations shall facilitate participation of the applicant – writ petitioner in such tournaments till the interim Order dated 14.08.2026 is in currency, subject to the condition of his eligibility on the basis of his All India Ranking. 14. As the last date for submission of entries from State Associations for the Haryana Page No.# 12/12 Championships – 2026, to be conducted by the Haryana Table Tennis Association under the auspices of the TTFI at Haryana, is 23.09.2026, the opposite party – respondent no. 2, TTFI, the opposite party – respondent no. 3, ATTA and all other respondent authorities connected in the matter shall facilitate and allow submission of the application of the applicant – writ petitioner for participation in the Haryana Championships – 2026 by 23.09.2026, subject to the condition of his eligibility on the basis of his All India Ranking. 15. In the event any issue regarding age of the applicant – writ petitioner qua the condition of eligibility of participation in the Haryana Championships – 2026 at Panchkula, Haryana arises for consideration, then for evidence of age, the Birth Certificate issued by the Municipal Corporation / School is to be considered for the date of birth. The opposite parties – respondent authorities shall also verify the age of the applicant – writ petitioner in the Birth Certificate which is issued as per the provisions of the Registration of Births and Deaths Act, 1969. This observation is made in view of the fact that as per sub-section [2] of Section 17 of the Registration of Births and Deaths Act, 1969, the date of birth recorded thereunder is admissible in evidence for the purpose of proving the birth. 16. In view of the urgency involved, the applicant – writ petitioner is permitted to submit a downloaded copy of this order before the authorities mentioned hereinabove, to facilitate consideration of his application/entry for participation in the National Ranking Table Tennis Championships – 2026 and the authorities will make verification of it from the website of the High Court. 17. With the above observations and directions given above, this interlocutory application is disposed of. JUDGE Comparing Assistant