JEETU KANWAR vs UNION OF INDIA & ORS.
$~48 * IN THE HIGH COURT OF DELHI AT NEW DELHI + LPA 309/2024 & C.M.Nos.22235-22237/2024 JEETU KANWAR ….. Appellant Through: Ms.Arundhati Katju with Mr.Govind Manoharan, Ms.Samiksha Godiyal, Mr.Nishchiy Sharma, Ms.Snigdha Ganguly, Ms.Shristi Borthakur, Ms.Ritika Meena and Ms.Parkhi Rai, Advocates. versus UNION OF INDIA & ORS. ….. Respondents Through: Mr.Vedansh Anand, Advocate for UOI. % Date of Decision: 16th April, 2024 CORAM: HON’BLE THE ACTING CHIEF JUSTICE HON’BLE MS. JUSTICE MANMEET PRITAM SINGH ARORA JUDGMENT MANMOHAN, ACJ : (ORAL)
1. Present appeal has been filed challenging the order dated 05th April, 2024 passed by the learned Single Judge in W.P. (C) 5022/2024, whereby the learned Single Judge disposed of the writ petition with a direction to the respondents to treat the writ petition as a representation for grant of International Paralympic Committee (IPC”) License card to the appellant and to take a decision on the grant of license within four weeks from the date of the order.
2. Learned counsel for the appellant states that the appellant is a stellar para athlete and an exceptional scholar. She states that the appellant was diagnosed with Spastic Quadriplegic Cerebral Palsy from birth which has affected her limbs, face and torso. She states that the appellant has represented India in IWAS World Games 2022 at Portugal in the 100 meter event T-35 category, where she got the sixth rank in 2022 in the Asian rankings maintained by IPC.
3. She states that the appellant has been a licensed IPC athlete holding a valid license card since Season 2018 until Season 2023. She states that the renewal of the IPC license is a ministerial act to be carried out by respondent no.2 under the IPC and no decision is to be taken or discretion is required to be exercised by respondent no.2 in this regard. She states that as soon as requisite fees has been paid, all that is required to do be done is to update the portal to which the NPC has sole access to, and download a PDF copy of the IPC license card and thereafter, the same has to be shared with the athlete.
4. She states that since 14th February, 2024, the respondent no.2 has been sitting on the same and not issuing the PDF copy to the appellant. She states that renewal of the IPC license is complete and the same is ready with respondent no.2 and its officials, however, they are deliberately withholding the same without any reason for the sole purpose of harassing the appellant.
5. She lastly states that the appellant had already missed out on having her rankings and results considered in one qualifier event held in Bengaluru in March 2024, owing to the delay in issuance of the renewed license. She states that due to the non-issuance of the IPC license card, the appellant is not able to participate in upcoming qualifier and classification review competitions. She states that the last entry date for Paris 2024 Grand Prix is
1st May, 2024. She states that in the event the impugned decision is allowed to stand and even if the respondent no.2 issues the IPC license after four weeks as directed, the appellant will be ousted from participating in the Paris Paralympics 2024 by virtue of her missing the qualifier competitions.
6. Keeping in view the aforesaid as well as the urgency in this matter, this Court disposes of the present appeal by modifying the direction issued by learned Single Judge in the impugned order that means by directing the respondents to treat the underlying writ petition as a representation for grant of IPC License Card to the appellant/petitioner and to take a decision thereon on or before 23rd April, 2024.
7. With the aforesaid directions, present appeal along with the applications stands disposed of. This Court clarifies that the rights and contentions of all the parties are left open. List the matter for compliance on 26th April, 2024.
ACTING CHIEF JUSTICE MANMEET PRITAM SINGH ARORA, J APRIL 16, 2024 KA