BEFORE THE HIGH COURT OF PUNJAB AND HARYANA
CHANDIGARH
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CWP NO. 19875 OF 2006
DATE OF DECISION: 22.09.2008
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Wonderland Skate Club vs Union of India and others.
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CORAM: Hon’ble Mr. Justice T.S.Thakur, CJ and
Hon’ble Mr. Justice Surya Kant.
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Present: Shri Jatin Salwan, Advocate, for the petitioner.
Shri Onkar Singh Batalvi, Advocate, for UOI.
Shri Ashok Bhasin, Sr.Advocate, with
Shri Lovkesh Sawhney, Advocate, and
Shri Vikram Chaudhary, Advocate, for respondents
No. 1 and 2.
Shri A.Roy, Advocate.
Shri Arun Walia, Advocate, for respondent No.4.
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T.S.Thakur, CJ (Oral)
This petition has been filed in public interest. It prays for a
mandamus directing Union of India and the Indian Olympic Association
through its Secretary to include Roller Skating as one of the medal
disciplines in the National Games that were then scheduled to be held from
9th February to 18th February, 2007 at Gauhati (Assam).
In response to a notice of motion issued by this Court to the
respondents, no one entered appearance on behalf of respondent No.2-
Indian Olympic Association, to justify the non-inclusion of Roller Skating
in the games referred to above. This Court, therefore, passed an order on
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January 31, 2007 directing the Indian Olympic Association and the Assam
Olympic Association (Organizer of the National Games-2007) to include
Roller Skating as one of the medal disciplines in the National Games
referred to above. Since the Indian Olympic Association failed to comply
with the said direction, contempt petition No. 524 of 2007 was filed in this
Court in which the petitioner alleged a deliberate defiance of the order
passed by this Court on the part of the Indian Olympic Association as well
as Assam Olympic Association.
The Indian Olympic Association has in its counter affidavit and
the reply to the contempt petition mentioned earlier not only questioned the
locus standi of the petitioner, to maintain this writ petition but additionally
pointed out that Roller Skating is not a recognized Olympic event for
Olympic Games. It is, according to the Indian Olympic Association only a
demonstration game which is more popular in some part of the country than
others. It is submitted that National Games are organized by the Indian
Olympic Association every two years, in which apart from Olympic events
the Association includes only two such games as are popular in a given
region. Since the number of such regionally popular games is large,
selection of two games played as demonstration events depends also on the
venue of the said games. The process of selection of such demonstration
games in the National Games also takes place much in advance of the
holding of the games to enable the participating States to select and send
their teams to compete in such games. The respondents in the above
backdrop contend that the directions issued by this Court for inclusion of
Roller Skating as a medal discipline in Gauhati, could not be implemented
as the period available for such inclusion was too short to enable the
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participating States to send their participating teams and the Olympic
Association to arrange necessary technical assistance in the form of
Referees, technical hands etc. Besides the necessary infrastructure for
hosting the said event could not be created by the Organizing Committee of
the National Games.
The respondent Indian Olympic Association has further stated
that although there is a federation at the National level for holding Roller
Skating as a game but no request was received from the said Federation for
inclusion of Roller Skating as a medal event in the National Games till
recently. The Indian Olympic Association is, according to M/S Ashok
Bhasin and Lovkesh Sawhney now ready to examine the said request and
take an appropriate decision in the matter, under intimation to the Roller
Skating Federation of India and also to the petitioner. It is contended by the
learned counsel that the selection for the next games scheduled to be held in
Ranchi in the State of Jharkhand has already taken place and that any
decision regarding inclusion of Roller Skating at this stage maybe difficult
yet feasible.
On behalf of the petitioner-club, it was argued by Mr. Jatin
Salwan that Roller Skating is recognized by the Indian Olympic
Association and was earlier included in the National Games. He further
contended that Roller Skating has also been included in 2010 Asians
Games as a medal discipline. There is therefore no justification for treating
roller skating as a regional game nor can it be compared with any other
demonstration event. He argued that in the competition held in December
2007 in Kolkata Indian Women had won the championship while the boys
won bronze medal.
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We have given our careful consideration to the submissions
made by the learned counsel. The Indian Olympic Association it is common
ground holds the National Games every two years in which all such events
as are recognized by the International Olympic Committee are included. It
is not in dispute that Roller Skating is not one of such events recognized by
the said committee. Even so, Roller Skating has been included in some of
the National games held in the past and may be even in the Asian Games as
pointed out by the counsel for the petitioner. Whether or not Roller Skating
deserves to be included on a regular basis as a medal discipline, is however
a matter upon which this court cannot authoritatively pronounce any
judgment. That is because the inclusion of a particular game would depend
upon a variety of factors to be considered by the Olympic Association.
Having said so, we see no reason why the request made by the Roller
Skating Federation of India to the Indian Olympic Association for inclusion
of Roller Skating Game in the forth coming Games should not be
considered on its merits by the said Association. To that extent even M/S
Bhasin and Sawhney, appearing for the Indian Olympic Association have no
objection. They submitted that for the inclusion of the event in the forth-
coming Games, the Indian Olympic Association would consider the request
made by the Federation and take an appropriate decision un-influenced of
the fact that the petitioner-club has dragged them to this Court and even
accused them of having committed contempt.
In the totality of the above circumstances, therefore, this writ
petition can in our opinion be disposed of with a suitable direction to the
Indian Olympic Association to consider the request made by the Roller
Skating Federation of India for inclusion of the Roller Skating as a medal
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discipline in the forthcoming games. The needful shall be done by the
Indian Olympic Association expeditiously but not later than four weeks
from today, under an intimation to the Roller Skating Federation of India
and also to the petitioner herein. The writ petition is, accordingly, disposed
of with the above direction, leaving the parties to bear their own costs. All
the previous orders passed by this court on the subject shall to that extent
stand modified.
A copy of the order be given dasti.
(T.S.THAKUR)
CHIEF JUSTICE
(SURYA KANT)
JUDGE
September 22, 2008
Malik