Muristek
Don't dispense with services of athletes sans notice: Punjab and Haryana HC
Saurabh Malik
Chandigarh, May 20
Acting on 36 petitions filed by sportspersons aggrieved by the cancellation of their sports gradation certificates issued for tournaments organised by the Haryana Athletic Association, the Punjab and Haryana High Court has ruled that their services on the basis of the certificate would not be dispensed with without issuing show cause notice with at least four weeks to respond and/or seek legal remedy in accordance with law.
Services protected
I see no reason as to why the apple cart be turned turtle at this stage by not giving benefit of the interim order passed by the single judge, in as much as, in the interregnum the petitioners fear that based on cancellation of their sports gradation certificate, their services may be dispensed with. - Justice Arun Monga, Punjab and Haryana HC
Justice Arun Monga also made it clear that the direction was subject to the outcome of the decision regarding the association's "recognition/de-recognition".
The State's stand before Justice Monga's Bench was the sports associations were private bodies engaged in conducting sports tournaments. As per the existing structure/system, the state associations were affiliated to the national federation of the sports concerned.
The Haryana Athletic Association and Athletic Haryana were autonomous bodies.
"Neither the state government nor its Department of Sports and Youth Affairs has ever recognised or derecognised any private sports association," the Bench was told.
Justice Monga added that a writ by the Haryana Athletic Association was disposed of with a direction to state Director of Sports to accord an opportunity of hearing to it and all other stakeholders and after inviting objections for taking necessary decision on its recognition/de-recognition.
Justice Monga observed an earlier administrative order dated January 7, vide which the Director Sports issued instructions to the district sports officers to cancel all gradation certificates to various players/athletes, accorded the benefit of recommendations by the Haryana Athletic Association and was also directed to be put on hold by the Single Bench.
Justice Monga added: "I see no reason as to why the apple cart be turned turtle at this stage, by not giving benefit of the interim order passed by the Single Judge, in as much as, in the interregnum the petitioners fear that based on cancellation of their sports gradation certificate, their services may be dispensed with".
Before parting with the case, Justice Monga added that gradation certificates were not issued in view of the administrative order in some cases. Their cases would also be considered depending upon the decision taken by the director regarding the Haryana Athletic Association's recognition.
In case of a favourable order regarding the recognition, the petitioners would not be put to unnecessary harassment and their case would be processed in accordance with their achievements during the period they participated in the athletic tournaments/achievements either sponsored or organised by the Haryana Athletic Association. In case of any adverse order, affected sportsmen/athletes would be given 30 days' notice.