MOHAMMED MOINUDDIN AHMED vs BHOLA NATH SINGH SECRETARY GENERAL, HOCKEY INDIA

$~93
* IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of Decision: 09.05.2024
+ CONT.CAS(C) 353/2024 & CM APPL. 27583/2024
MOHAMMED MOINUDDIN AHMED ….. Petitioner
Through: Mr. Akshay Mann, Advocate and Mr. Sravan Kumar, Advocate
Mob: 9894156249
Email: adv.akshaymann@gmail.com

versus

BHOLA NATH SINGH SECRETARY GENERAL, HOCKEY INDIA ….. Respondent
Through: Ms. Shyel Trehan, Mr. Rohan Poddar and Ms. Shivalika, Advocates
Mob: 7044065747
CORAM:
HON’BLE MS. JUSTICE MINI PUSHKARNA
MINI PUSHKARNA, J (ORAL)

CONT.CAS(C) 353/2024 & CM APPL. 27583/2024

1. The present application has been filed on behalf of the petitioner seeking directions to the respondent-Hockey India.
2. It is submitted by learned counsel appearing for the petitioner that the respondent-Hockey India, in its counter affidavit, has already stated that it has resolved to send an independent observer during conduct of the State Selection Trial, for senior members.
3. Thus, he submits that four National Level tournaments are going to take place in respective States, in which the Andhra Pradesh Hockey Team shall also participate. Thus, he submits that in the said upcoming tournaments, the respondent-Hockey India should send an observer.
4. It is further submitted that the guidelines which have now been notified by respondent-Hockey India, should be followed for selecting the Hockey Andhra Pradesh State Team.
5. There is further prayer for direction to the respondent that proper website must be maintained by Hockey Andhra Pradesh, wherein, the details of the selection trials should be posted, including date, time and venue etc. There is further prayer for press release indicating the information regarding various selection trials to be held, in terms of the stipulation in the guidelines.
6. During the course of hearing of the present application, with the consent of the parties, the petition has been taken up for hearing.
7. Learned counsel appearing for the respondent-Hockey India, draws the attention of this Court to the affidavit filed on behalf of respondent-Hockey India, wherein, the various grievances raised by the petitioner have been redressed.
8. She submits that as a one-time measure, the respondent-Hockey India is now going to send an independent observer during the conduct of State Selection Trials. She submits that the said independent observer would be sent as an exceptional measure on a one-time basis only for the senior men player trials, for the purpose of selection for the State Hockey Team of Andhra Pradesh, for playing at the National Levels.
9. She further submits that as far as sub-trials for junior team is concerned, respondent-Hockey India cannot send independent observers, as there is a pyramid system already, as per which, the State Units have the power and authority, wherein, they conduct the trials to ensure that the same are conducted in an independent manner.
10. She further submits that guidelines have already been issued by the respondent-Hockey India to ensure that the information with respect to the trials, which are about to be conducted, is available on the website. She further submits that a mechanism has also been developed by the respondent-Hockey India, wherein, the respective players, who have any grievance with respect to any trials not having been conducted fairly, can directly file their complaint on the online portal of the respondent-Hockey India.
11. I have heard learned counsel for the parties and have perused the record.
12. At the outset, this Court notes the affidavit that has been filed on behalf of respondent-Hockey India, relevant portions of which, read as under:
“xxx xxx xxx
1. That Hockey India is filing the present affidavit, as an “Action Taken Report” to place on record the action taken by it pursuant to Order passed by this Hon’ble High Court in its Order dated 01.03.2024.

SL.
NO
DIRECTIONS OF THIS
HON’BLE COURT
ACTION TAKEN BY HOCKEY INDIA
1.
Placing the Minutes of Meeting of the Members Grievance Redressal Committee dated 05.07.2023 before the Executive Board.
Hockey India has placed the said Minutes of the Grievance Redressal Committee before the Executive Board in its 104th Meeting held on 30 March 2024.

The resolution is extracted as follows:

“Andhra Pradesh – Ratification of Grievance Committee Report i.o.r. Case (c) 353/ 2024 in W.P. (c) 2237/2023.

The Secretary General apprised the members about the W.P. (C) 2237/2023 filed in the Hon’ble High Court of Delhi by petitioner Mohammed Moinuddin Ahmed. The matter pertains to complaint by players from Andhra Pradesh regarding their non- inclusion in the State team. He informed the members that all state units must publish and advertise their schedule of selection trials well in advance for the information of the players. He proposed that a policy / mechanism may be created by Hockey India through which players would be able to lodge their grievances if such action is not taken by their respective member units. The same policy / mechanism may be uploaded on Hockey India website which should be easily accessible by all players.

The members discussed the matter in detail and unanimously approved that a mechanism for filing of grievances may developed and uploaded on Hockey India website. The report submitted by Members Grievances Redressal Committee Meeting held on 01 March 2023 at Hockey India Office was also ratified by the Executive Board members. ”

A copy of the extract of the said unsigned minutes of the 104th Executive Board Meeting is annexed herewith and marked as Annexure – A.

Since the President is contesting the upcoming Lok Sabha elections, he is
engaged in election activities and was unable to sign the said minutes. The same will be signed as soon as he is available.
2.
Development of a mechanism to deal with complaints at an All-India level and also examine whether a system can be put into place so as to consider and deal with the complaints of individual players, who are talented and who may have been left out in State Level selections. Developing a process so as to ensure that selections at the State Level, not only in the State of Andhra Pradesh, but all over the country, are done in a transparent manner, so that no talented players are left out.
Hockey India is fully committed to the development of the sport of hockey in the country and in order to ensure transparency, Hockey India has drafted a new policy called the Hockey India Athlete Grievance Policy to deal with individual player grievances in a swift, efficient and transparent manner.

A copy of the draft Athlete Grievance Policy is annexed herewith and marked as Annexure-B.

The Signed policy will be uploaded on the website of Hockey India as soon as the President is able to sign the Executive Board Minutes.

3.
To look into claims of the petitioner as to whether the players, which have been identified by the petitioner, are actually talented players and deserve a place m the State Team.
At the outset, it is pertinent to state that Hockey India does not interfere in state team selections and the same is completely within the remit of the state federation. However, considering the directions passed by the Hon’ble Court, Hockey India states as follows:

Hockey India has gone through the list of players filed by the Petitioner. Out of the said Out of 23 players listed in the Petitioner’s affidavit,

a) 8 players are currently registered with Hockey India.

b) 6 players have applied for registration and their applications are currently in process.

c) 2 players’ applications have been referred back due to discrepancies.

d) 2 players have not yet submitted their applications and they are still in the draft stage.

e) Names of the remaining 5 players could not be found.

A detailed list is annexed herewith and marked as Annexure – 3.

It is submitted that the Petitioner has not stated in its affidavit the details of participation of the players in previous hockey tournaments, details of their participation in trials and selection and how the said players have been prejudiced.

In order to ensure transparency and fairness in selection process, Hockey India resolves to take the following actions:

a) Hockey India will request the state federation (Hockey Andhra Pradesh) to allow the players listed in the Petitioner’s affidavit to take part in the next selection trials of the state.

b) As a one time and exceptional measure, Hockey India will send an independent Observer during the conduct of state
selection trials so as to ensure greater degree of fairness and probity.

xxx xxx xxx”
(Emphasis Supplied)

13. Perusal of the aforesaid affidavit filed on behalf of the respondent-Hockey India, clearly shows that pursuant to the directions of this Court, the respondent has developed a mechanism, wherein, it has been categorically stated that all the State Units must publish and advertise their schedule of Selection Trials well in advance for the information of the trials.
14. The aforesaid mechanism, as prescribed by the respondent, will safeguard and protect the interests of the sportspersons in having fairness and transparency, in the conduct of the State Trials. Thus, this Court expresses its satisfaction on the policy developed by the respondent-Hockey India.
15. This Court also takes note of the fact that the respondent-Hockey India has developed an Athlete Grievance Policy, as per which, the Athletes who believe that they have been unfairly treated in the Selection Process or other matters related to their participation, have the liberty to submit their grievance in writing, to the Hockey India Grievance Redressal Officer, within seven days of the alleged incident. Thus, the Hockey India Grievance Redressal Officer, will carry out a review of all the grievances after receipt of such grievance. Further, if need be, an investigation shall also be carried out by the Hockey India Grievance Redressal Committee.
16. As per the policy of the respondent-Hockey India, after completion of the investigation, the Hockey India Grievance Redressal Committee will provide a written decision to the concerned Athlete. The guidelines of the respondent-Hockey India, in this regard, are reproduced hereunder:

“HOCKEY INDIA ATHLETE GRIEVANCE POLICY
Athlete Grievance Policy Framework
1. Introduction
As the apex body for the sport of Hockey in India, we are committed to upholding the rights and welfare of our athletes. This Athlete Grievance Policy aims to provide a transparent and fair process for athletes to address grievances related to the selection process and other relevant matters.

2. Policy Statement
We recognize that athletes invest significant time, effort, and passion into honing their sporting skills. Therefore, it is imperative to establish a mechanism for addressing their grievances in a timely and respectful manner. Hockey India is dedicated to maintaining integrity and fairness in all aspects of athlete selection and participation.

3. Grievance Procedure
3.1 Submission of Grievance: Athletes who believe they have been unfairly treated in the selection process or other matters related to their participation may submit a grievance in writing to the Hockey India Grievance Redressal Officer. All grievances must be submitted within 07 days of the alleged incident. The grievance should include specific details of the incident, relevant dates, and any supporting evidence or witnesses.

3.2 Grievance Review: The Hockey India Grievance Redressal Officer will carry out a review all grievances impartially and confidentially. Upon scrutiny of the grievance(s), if the Grievance Redressal Officer reasonably believes the said grievance(s) to be true and correct, he/she shall place the same before the Hockey India Grievance Redressal Committee who will then conduct an investigation, including gathering information from relevant parties and conducting interviews, if necessary. The Committee will strive to reach a resolution within 45 days of receiving the grievance.

3.3 Resolution: Upon completion of the investigation, the Hockey India Grievance Redressal Committee will provide a written decision to the athlete. If the grievance is upheld, the Committee will outline corrective actions to be taken, which may include revisiting the selection process, providing additional training opportunities, or implementing policy changes. If the grievance is not upheld, the Committee will provide a reason for its decision.

4. Confidentiality and Non-Retaliation
All information related to the grievance process will be treated confidentially to protect the privacy of the parties involved. Retaliation against athletes who file grievances or participate in the grievance process is strictly prohibited and will result in disciplinary action.

5. Conclusion
Hockey India is committed to fostering a positive and inclusive environment for all athletes. Through the implementation of this Hockey India Athlete Grievance Policy, we aim to ensure that athletes have a voice in matters affecting their participation and to uphold the principles of fairness and transparency within our organization.

xxx xxx xxx”

17. Thus, perusal of the aforesaid clearly shows that the respondent-Hockey India has taken effective steps to ensure that the grievances of the respective players are addressed by the respondent, and in case need be, a detailed investigation shall be carried out.
18. This Court further notes that the respondent-Hockey India has also issued guidelines for Hockey India Member Units Selection Trials, which reads as under:
“GUIDELINES FOR HOCKEY INDIA MEMBER
SELECTION TRIALS

The Selection of any Hockey India Members team should be undertaken to select the best deserving players to represent their Member Unit in any Hockey India sanction tournament or district level tournaments.

1. Composition of Selection Committee

Prior to the selection trials, a Selection Committee is to be formed / constituted with the main aim to enable selection of the best possible representatives for each particular position. The Selection Committee should consist of minimum three members and all should have hockey
experience and ideally be former senior players / coaches who have expertise in the field of modern day hockey.

Details of the Member Unit Selection Committee should be posted on the website on the Member Unit.

2. Selection Procedure

The following should be ensured for selection trials:

* Dates of trials should be informed at-least two weeks in advance to all Districts / Zones / Clubs and respective organizations which are affiliated to the Hockey India Member Unit.

* The details of the selection trials should be posted on the website of the Member Unit including date, time and venue etc along with any pre-requisite details required.

* The details of the selection trials should be issued by press release and shared on email with all districts, zones, clubs and academies in the state.

* Where possible the Selection Trials should be held more than once to ascertain the capabilities of all available players.

* Where possible a core group should be selected and trained prior to selecting the final team for the tournament. This would also enable a set of younger players to gain expertise from their seniors during their training schedule.

* Should a deserving player due to injury, be unable to attend the selection trail, the player may be considered at the discretion of the Selection Committee at a later stage.

* The final minutes of the Selection Committee Meeting during the trials should be signed by all the members of the Selection Committee (minimum three members) and a copy of the minutes must be available on record with the General Secretary of the Member Unit and be available to Hockey India if requested.

3. Composition of Selection Committee

The State Selection Committee should ideally comprise of:

– 2-3 ex international hockey players (with at least 1 of either
gender)

– Chief Coaches of the State – Men / Women

– 1 doctor

– 1 Strength and Conditioning Coach

4. Selecting Players from Another Hockey India Member Unit

If members are selecting a player that is registered for another Hockey India Member Unit then they will need to obtain an NOC from that Member Unit prior to the player being permitted to play.

Members are advised to consult the Hockey India Player Transfer Policy for further details.”

19. Reading of the aforesaid clearly shows that respondent has developed a mechanism, wherein, it has issued directives that the dates of trials should be informed at least two weeks in advance to all Districts/ Zones/ Clubs and respective organizations, which are affiliated to the Hockey India Member Unit.
20. Further, the details of the Selection Trials should be posted on the website, including press release in terms of the stipulation in the guidelines of the Member Unit, including date, time and venue along with any pre-requisite details required.
21. At this stage, learned counsel appearing for the petitioner submits that with respect to the Andhra Pradesh Hockey Trials, the players are not able to get the exact dates of trials, due to which, it becomes difficult for them to participate.
22. This Court is of the opinion that the said grievance of the petitioner stands satisfied in view of the guidelines that have been issued by the Hockey India. However, in order to address the concern of the petitioner, it is directed that Hockey India shall send a communication to Hockey Andhra Pradesh clearly intimating the guidelines that have been issued by respondent-Hockey India, particularly, in respect to the dates of trials, which are to be informed, two weeks in advance to the concerned players.
23. It is further directed that the respondent-Hockey India shall also specifically intimate to Hockey Andhra Pradesh that the dates of trials of any tournaments, shall be duly uploaded by Hockey Andhra Pradesh, on their website, so that the said information is known to all the persons in general, especially, the sportspersons who intend to participate in such sports activities.
24. With the aforesaid directions, the present petition is disposed of along with the pending application.
25. The date of 11th September, 2024 stands cancelled.

MINI PUSHKARNA, J
MAY 9, 2024/ak

CONT.CAS(C) 353/2024 Page 13 of 13