The Delhi High Court has dismissed a petition filed by a para-athlete, challenging both a decision and a notification issued by the Badminton Association of India outlining the criteria for participation in the selection trials for the Asian Para Games 2023.
The games are scheduled to take place in China in October.
The high court stated that the objective of establishing these criteria is solely to ensure the selection of players with a high likelihood of securing medals at the Asian Para Games. Consequently, it asserted that such a decision does not warrant any intervention.
Furthermore, the court noted the matters governed by its jurisdiction under Article 226 of the Constitution, it refrains from interfering with decisions made by experts, instead focusing on evaluating whether these decisions are just, fair, and reasonable.
Justice Subramonium Prasad remarked, “Previous judgments indicate that courts should abstain from intervening in matters concerning the selection of the best candidate to represent the country in international events. Such matters should adhere to criteria devised by experts in the respective field.”
The court’s decision was rendered in response to a petition lodged by badminton player Alphia James. She contested the decision made during a meeting on June 23 and a subsequent July 4 notification released by BAI. These actions established the criteria for participation in the selection trials for the Asian Para Games, slated to be held in Hangzhou, China, from October 20th-28th.
The petitioner argued that, despite being a prominent player and having secured gold medals in the national para badminton championship in 2021, the newly introduced criteria by BAI and the Paralympic Committee of India hindered several players, particularly those in the category of single wheelchair players, from being selected for the trials.
The PCI, in an affidavit submitted to the high court, clarified that, in the domain of badminton, responsibilities are managed by members of the National Sports Federation.
The PCI’s role primarily involves serving as a coordinating entity for multifaceted sports events like the Asian Para Games.
Moreover, the court emphasized the decision reached jointly by the BAI and PCI to limit the selection trials should not be criticized. It highlighted that the minutes of the meeting demonstrated that the criteria were established with the sole intent of selecting players with a high probability of winning medals at the Asian Para Games 2023.
The court concluded that this decision is not contrary to national interests and thus does not necessitate any intervention.
