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2026 DAILYLAW 40033 (KAR)

DR RAJALAKSHMI SHANKAR JANARDHANA MURTHY v. THE SECRETARY REPBY UNION OF INDIA,

WP/26896/2026 · 2026-09-16

C M Poonacha

body2026

Judgment text

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- 1 - HC-KAR CNR: KAHC010590882026 NC: 2026:KHC:50489 WP No. 26896 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE C.M. POONACHA WRIT PETITION NO. 26896 OF 2026 (GM-RES) BETWEEN: DR RAJALAKSHMI SHANKAR JANARDHANA MURTHY D/O LATE DR. S. JANARDHANA MURTHY, AGED ABOUT 40 YEARS NO. 5, 17TH MAIN, SRI NAGAR, MUNESHWAR BLOCK BANGALORE - 560026 MOBILE 9844137499 …PETITIONER (BY SRI. BIPIN B S.,ADVOCATE) AND: 1. THE SECRETARY REP BY UNION OF INDIA, THE MINISTRY OF YOUTH AFFAIRS AND SPORTS GPOA3 NETAJI NAGAR, UNION OF INDIA, 7TH FLOOR, AFRICA VENUE NEW DELHI 110023 2. THE HON'BLE DIRECTOR GENERAL THE SPORTS AUTHORITY OF INDIA JAWAHARLAL NEHRU STADIUM COMPLEX (EAST GATE) LODHI ROAD, NEW DELHI - 110003 3. THE HON'GRAND PRESIDENT / - 2 - HC-KAR CNR: KAHC010590882026 NC: 2026:KHC:50489 WP No. 26896 of 2026 HON'BLE PRESIDENT INDIAN OLYMPIC ASSOCIATION OLYMPIC BHAVAN, B-29, QUTUB INSTITUTIONAL AREA NEW DELHI - 110016 4. THE HON'BLE PRESIDENT PARALYMPIC COMMITTEE OF INDIA JAISALMER HOUSE, NO. 26, MANSINGH ROAD NEW DELHI-110011, INDIA PHONE:011-23075126 5. THE HON'BLE SECRETARY GENERAL PARALYMPIC COMMITTEE OF INDIA JAISALMER HOUSE, NO. 26, MANSINGH ROAD NEW DELHI-110011, INDIA PHONE : 011-23075126 6. THE HON'BLE CHAIRPERSON PARALYMPIC COMMITTEE OF INDIA KANTEERAVA STADIUM, BENGALURU, KARNATAKA-110023 …RESPONDENTS (BY SRI. MAHESH ARKALGUD SRIKANTH.,ADVOCATE FOR R1 SRI. D BASAVARAJ, ADVOCATE FOR R2 SRI. SNEHIL BALANI, ADVOCATE FOR R3 SRI. PRAVEEN RAIKOTE, ADVOCATE FOR R3 TO R6) THIS WP IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECTING THE PETITIONERS APPEAL BEFORE THE RESPONDENT NO 4 FOR CONSIDERATION OF PETITIONERS NAME IN UPCOMING AICHI- NAGOYA 2026 ASIAN PARA GAMES 18-24 PRODUCED OCTOBER 2026 ANNEXURE-G. - 3 - HC-KAR CNR: KAHC010590882026 NC: 2026:KHC:50489 WP No. 26896 of 2026 THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE C.M. POONACHA ORAL ORDER The present writ petition is filed seeking for the following reliefs: "1) Issue a Writ of Mandamus or any other appropriate Writ, Order, or Directing the Petitioners Appeal before the Respondent No.4 for consideration of Petitioners name in upcoming AICHI-NAGOYA 2026 ASIAN PARA GAMES 18- 24 OCTOBER 2026 DATED 18.08.2026 produced as ANNEXURE-G. 2) Grant such other or further reliefs as this Hon'ble court may deem fit in the facts and circumstances of the case, in the interest of justice and equity." 2. It is the case of the petitioner she is a Consultant Orthodontist who is working as an Associate Professor in the Department of Orthodontics at Government Dental College and Research Institute, Bangalore. The petitioner is physically disabled with 80% permanent disability and is wheelchair- bound for life. The petitioner is a Para Table Tennis player. She is stated to be affiliated with Table Tennis Federation of India Digitally Signed by CHEPPUDIRA MONNAPPA POONACHA - 4 - HC-KAR CNR: KAHC010590882026 NC: 2026:KHC:50489 WP No. 26896 of 2026 [TTFI] and listed in the International Table Tennis Federation [ITTF]. The petitioner features in the world ranking list for Para Table Tennis. 3. It is the case of the petitioner that she is entitled for selection in the Para Asian Games (AICHI-NAGOYA 2026 Asian Para Games, Japan)1. The first respondent - Ministry of Youth Affairs and Sports, Government of India, vide communication dated 24.09.2025 (Annexure-A to the writ petition) has formulated selection criteria for individuals and teams for participation in the PAG, 2026 and other multi-sports events, whereunder the benchmark for selection in the individual as well as team sports and events have been set out. The relevant portion of the classification criteria in terms of the communication dated 24.09.2025 (Annexure-A to the writ petition) for individual sports and events is as under: "II) Non-Measurable Individual Sports and Events a. Where Senior Asian Championship was held within 12 months preceding the upcoming Asian Games or world Rankings are promulgated regularly: The NSF will be eligible to nominate an athlete if either in a weight category/event athlete has achieved a 6th or better finish in that category/event at the last Senior Asian Championships held within the last 12 months; or 1 Hereinafter referred to as 'PAG, 2026' Digitally Signed by CHEPPUDIRA MONNAPPA POONACHA - 5 - HC-KAR CNR: KAHC010590882026 NC: 2026:KHC:50489 WP No. 26896 of 2026 his/her World ranking is amongst top 6 of Asian nations in international rankings as of 10 days before submission deadline of the final list by name. b. Where no Senior Asian Championships conducted in last 12 months preceding Games and no international rankings are promulgated regularly: the upcoming Asian Games, that is, last date of entry by name for the Asian The athlete must have a top 6 finish amongst Asian nations in equivalent international competitions." (emphasis supplied) 4. The classification criteria in terms of the communication dated 24.09.2025 (Annexure-A to the writ petition) with regard to the team sports and events is as under: "(III) Team Sports (such as Football, Hockey etc) and Team Events (such as Relay, Doubles, Mixed doubles etc). a. Where International Rankings are promulgated regularly or Senior Asian Championships held within 12 months preceding the upcoming Asian Games: The NSF will be eligible to nominate a team if either the team achieved a top 8 finish in the last Senior Asian Championships held within 12 months, or the team is ranked within the top 8 among Asian countries in international rankings as of 10 days before submission deadline of the final list by name. b. Where neither international Rankings are promulgated regularly nor Senior Asian Championships conducted within 12 months preceding the upcoming Asian Games, but an Equivalent International Competition was held: The team must have secured a top 8 finish among Asian countries in the equivalent international competition. Digitally Signed by CHEPPUDIRA MONNAPPA POONACHA - 6 - HC-KAR CNR: KAHC010590882026 NC: 2026:KHC:50489 WP No. 26896 of 2026 4.2 If it comes to notice of the Ministry and the Sports Authority of India (SAI) that the aim is just for participation and not aiming for excellence (medal winning), names of such sportspersons and teams will not be approved after giving proper justification. 4.3 Further, if experts from specific sports disciplines and the SAI find that the Asian Championships for a sport are being held at irregular intervals to circumvent rules and help athletes meet eligibility criteria, such cases will not be recommended particularly if the competition standard is low or if top nations expected to participate in the forthcoming Asian Games were absent from the said competition." (emphasis supplied) 5. It is the contention of the petitioner that she has participated in the ITTF Para Asian Championship, Beijing - 2025 and won the Bronze Medal in Doubles, Class 5 as well as various other medals. The certificate issued by the Paralympic Committee of India - respondent Nos.4 and 52, has been produced as Annexure-C to the writ petition. The relevant portion of the same is as under: " Dated: 24.12.2025 WHOMSOEVER IT MAY CONCERN This is to certify and confirm that Dr. Rajalakshmi Shankar Janardhanamurthy of Karnataka State has represented India in various international Para Table Tennis competitions. 2 Hereinafter referred to as 'PCI' Digitally Signed by CHEPPUDIRA MONNAPPA POONACHA - 7 - HC-KAR CNR: KAHC010590882026 NC: 2026:KHC:50489 WP No. 26896 of 2026 The details of the competitions and achievements include, but are not limited to, the following: 1. ITTF Para Asian Championships, Beijing - 2025 - Bronze Medal in Doubles, Class 5 2. ITTF Kazakhstan Para Open - 2024 - Bronze Medal in Singles, Class 1-2 3. ITTF Egypt Para Open - 2024 - Bronze Medal in Singles, Class 1-2 The above-mentioned competitions are officially recognized International Para Table Tennis events conducted under the International Table Tennis Federation (ITTF) Para Table Tennis Calendar. The tournament results published on the official ITTF website serve as valid proof of participation and achievement." (emphasis supplied) 6. It is the contention of the petitioner that she is entitled for selection for the PAG, 2026 which has not been done. 7. A Counter affidavit dated 10.09.2026 (filed on 15.09.2026) is filed by the Under Secretary, Ministry of Youth Affairs and Sports, Government of India, on behalf of respondent No.1, whereunder the averments made in the petition have been specifically averred to. With regard to the Digitally Signed by CHEPPUDIRA MONNAPPA POONACHA - 8 - HC-KAR CNR: KAHC010590882026 NC: 2026:KHC:50489 WP No. 26896 of 2026 classification of the petitioner in single events, para 12 of the said affidavit reads as under: "12. It is submitted in so far as issue regarding the Petitioner meeting the eligibility criteria in terms of the Respondent No.1/UoI policy is concerned that, the Petitioner was ranked 8 in Asia in Women's Singles Class 2 as on 24.05.2026 and Asian Rank-11 as on 21.07.2026, i.e. the cut-off date prescribed vide clause 4.1(II) (a) of the Ministry's policy dated 24.09.2025. Since, the Petitioner was placed at Rank-11 as on the cut-off date i.e., 21.07.2026 in individual category therefore, she does not meet the eligibility criteria of top 6 position/rank in terms of Clause 4.1 (II) (a) of the afore-stated policy dated 24.09.2025." (emphasis supplied) 8. With regard to the classification criteria of the petitioner for the Doubles events, it is noticed that in the ITTF Para Asian Champions, Beijing - 2025 there were only four participants and hence, the ranking is to be determined with regard to the said event as a low participation event as contemplated in para 6 of the communication dated 24.09.2025. The said aspect of the matter has also been adverted to, in the affidavit filed on behalf of the first respondent. The relevant portion, which is averred at paras 13 and 14 of the said affidavit reads as under: Digitally Signed by CHEPPUDIRA MONNAPPA POONACHA - 9 - HC-KAR CNR: KAHC010590882026 NC: 2026:KHC:50489 WP No. 26896 of 2026 "13. It is submitted without discrediting any of the Petitioners achievements in her class that, as far contention of Petitioner of having won a Bronze Medal at the Asian Para Table Tennis Championships 2025 in the Women's Doubles (WD5) event with her partner Ms. Sonalben Patel is concerned, only four countries participated in the event in which the Petitioner along with her partner participated and won bronze medal. Moreover, as per Clause 6 of the Respondent No.1/Uol Policy dated 24.09.2025, where the number of participating countries is less than 6 (six), only the top 2 (two) positions are to be considered for participation in Para Asian Games whereas, in the present case the Petitioner secured 3rd position by virtue of winning bronze medal at the Asian Para Table Tennis Championships 2025. 14. It is submitted that Clause 6 of the afore-stated policy dated 24.09.2025 provides stricter benchmarks where there is low participation and is reproduced as under:- Determination of ranking cut off in cases where there is low participation in Asian Championships Number of participating countries at Asian Championships · If number of competing countries are less than 12 in an event, then the following shall be considered:- No. of participating countries in a particular event at Asian Championships Position required to secure Asian Games eligibility 6-12 Top 4 Less than 6 Top 2 The Rationale for prescribing stricter criteria, where participating countries in a particular event at Asian Digitally Signed by CHEPPUDIRA MONNAPPA POONACHA - 10 - HC-KAR CNR: KAHC010590882026 NC: 2026:KHC:50489 WP No. 26896 of 2026 Championship is quite low, is only to ensure that only athletes who have medal prospects represent the country in Asian Games which is in consonance with the Clause 2 of the afore-stated policy." 9. Further in the said affidavit of the first respondent, with regard to the selection of the petitioner in the Doubles events, the relevant portions are stated in paras 15 to 17, which reads as under: "15. It is submitted that admittedly, the Petitioner in partnership with Ms. Sonalben Patel by virtue of currently having 6th rank in her category and falling within Top 8 among Asian countries in international ranking as of 10 days before submission of deadline of the final list by name meets the eligibility criteria enumerated in Clause 4.1 (III) (a) of the Respondent No.1/UoI's policy dated 24.09.2025. 16. It is submitted that, in the present case since, PCI/TTFI filled the entire entries slot in female category from singles rankings of athletes as per the TTFI policy for Para Asian Games as mentioned in Para No.8 herein- above, thus, in effect the Petitioner got excluded from the list of "Entry By Name" submitted by PCI to the Organizing Committee of the Para Asian Games, 2026. It is submitted that, therefore, considering the peculiar facts and cropped up in the instant matter, the afore- said procedure adopted by PCI/TTFI requires detailed consideration for future participation. 17. It is submitted that, it is a matter of fact that the Respondent No.1/UoI selection policy dated 24.09.2025 doesn't discriminate between entries submitted in singles and doubles events. As stated herein-above, the selection of the final team rests with the respective NSF which, in exercise of its technical expertise and within the applicable eligibility and slot-allocation framework, Digitally Signed by CHEPPUDIRA MONNAPPA POONACHA - 11 - HC-KAR CNR: KAHC010590882026 NC: 2026:KHC:50489 WP No. 26896 of 2026 may take an appropriate decision regarding the composition of the team." (emphasis supplied) 10. The counter affidavit dated 16.09.2026 is sought to be filed on behalf of respondent Nos.4 to 6 - PCI (a copy of which has been placed on record this day). The said counter affidavit is affirmed by the Joint Secretary of the PCI. With regard to the recommendation for the Doubles events, the manner of selection of Female Athletes in the events have also been stated. The relevant portion of the same is as under: "The six (6) female athlete slots were accordingly filled on the basis of Singles rankings, in accordance with the applicable MYAS Guidelines. The selected female athletes may thereafter choose their respective partners from among the six selected athletes for participation in the Women's Doubles events, subject to the applicable class- combination requirements. For instance, in the WD5 event, the combination of classes must not exceed the prescribed maximum of 5, such as Class 4 with Class 1, or Class 2 with Class 3. Similarly, in the WD10 event, the combination must not exceed the prescribed maximum of 10, such as Class 4 with Class 6, or Class 7 with Class 3." (emphasis supplied) 11. The communication issued by the Asian Paralympic Committee has been annexed as Annexure R1 to the said counter affidavit dated 10.09.2026. A bare perusal of the same Digitally Signed by CHEPPUDIRA MONNAPPA POONACHA - 12 - HC-KAR CNR: KAHC010590882026 NC: 2026:KHC:50489 WP No. 26896 of 2026 indicates that there are various classes of events, for which the men's and women's athletes are permitted to participate. The said categories include, "Women's Wheelchair with the players", "Mixed Wheelchair with the players", "Women's standing with players", "Mixed Doubles of class 11 athletes", etc. 12. The counter affidavit filed on behalf of PCI is completely silent with regard to the nomination of athletes for various women's doubles events, as has been notified by the Asian Paralympic Committee. A bare perusal of the counter affidavit filed on behalf of respondent Nos.4 to 6, which is extracted at para 9 hereinabove would clearly indicate that respondent Nos.4 to 6 - PCI has not selected any female table tennis players for the women's doubles events. The PCI has placed on record that the selected female athletes would thereafter choose their respective partners from amongst the six selected athletes for participation in the women's doubles events. 13. It is clear from the aforementioned that PCI has only selected 6 women's table tennis players for participation in Digitally Signed by CHEPPUDIRA MONNAPPA POONACHA - 13 - HC-KAR CNR: KAHC010590882026 NC: 2026:KHC:50489 WP No. 26896 of 2026 the games for the single events. Further, the PCI has placed on record that the said 6 selected athletes would then choose their respective partners for participation in the women's doubles events. The said manner of selection for doubles events is ex- facie contrary to well known norms of selection for double events, inasmuch as participation in a doubles event is, under normal circumstances, a pair of players who are accustomed to playing together having regard to various factors, which aspects have not been taken into consideration by the PCI. 14. At this juncture, it is pertinent to notice paras 15 and 16 of the affidavit filed on behalf of the first respondent (the relevant portion of which has been extracted at para 9 hereinabove). It is specifically affirmed that the petitioner and her doubles partner meets the edibility criteria in terms of clause 4.1(III) of the policy of the first respondent. It has been noticed that the selection procedure adopted by the PCI requires detailed consideration. The entries for singles and doubles events were required to be given by the respective National Sports Federations3 and the discretion was left to the 3 Hereinafter referred to as 'NSF' Digitally Signed by CHEPPUDIRA MONNAPPA POONACHA - 14 - HC-KAR CNR: KAHC010590882026 NC: 2026:KHC:50489 WP No. 26896 of 2026 said NSF, since the said exercise was required to be conducted with reference to technical expertise and with the applicable eligibility criteria in mind. The manner in which the selection criteria has been made by the PCI would ex facie demonstrate that the selection criteria for doubles events for women's table tennis for the Para Asian Teams 2026 has not been done in a proper manner. 15. It is the specific contention put forth on behalf of the petitioner that athletes have been selected for the men's doubles events for the table tennis events. However such a selection has not been made for the women's doubles table tennis events. 16. The Learned counsel for the third respondent would submit that it is not involved in selection criteria and requisite decisions are required to be taken by respondent Nos.1 and 2 and respondent Nos.4 to 6. 17. It is the submission of learned counsel for respondent Nos.1 and 2 that respondent Nos.4 to 6 have to undertake the selection process. Digitally Signed by CHEPPUDIRA MONNAPPA POONACHA - 15 - HC-KAR CNR: KAHC010590882026 NC: 2026:KHC:50489 WP No. 26896 of 2026 18. This Court, in the present writ petition, has not adjudicated the aspect as to the process and finalization of selection that is to be carried out amongst the respondents inter se. 19. In view of the aforementioned, the present writ petition is disposed of by directing the concerned respondents to re-consider the team selection for the doubles events for the women's table tennis events the upcoming PAG, 2026 scheduled to be held from 18th to 24th October, 2026. 20. Needful to be done by the concerned respondents, by also taking into consideration as to whether the petitioners would be entitled for selection for the women's doubles table tennis events, as expeditiously as possible, in any event not later than one week from the date of receipt of a copy of this order. Having regard to the last date for participation of the events, an endeavour would be made to recommend the names of athletes for participation in the PAG, 2026 for the women's doubles table tennis events. Digitally Signed by CHEPPUDIRA MONNAPPA POONACHA - 16 - HC-KAR CNR: KAHC010590882026 NC: 2026:KHC:50489 WP No. 26896 of 2026 21. Further, the respondent Nos.1 and 2 shall take corrective measures to ensure that adequate care is taken so that a proper selection process is undertaken by the concerned authorities in accordance with established norms keeping in mind the fact that the selected athletes are representing the country in international competitions. (C.M. POONACHA) JUDGE ND List No.: 1 Sl No.: 94 Digitally Signed by CHEPPUDIRA MONNAPPA POONACHA