^1 HI^H COURT OF CHHATnS^ARH. BILASPUR (Sjnal®Bench; Hon'bl®Mr. Justic®Dhirendra Mjshra) W.P,(e) N0,6942/2009 (Petjtion Arricw 226 of th@ Constitution of India) Petitjoner Ms Rcspondente Abhijeet Nag, aqed dbout - 21 years, 5/o Shri C. Na9/ R/o New Sarkanda, Near Indira Setu, Biiaspur, District Biiospur (CG') 1. The Chhattisgarh Swi'mming Association throu^h its Secretcry", Shri SQsrGm Jakhad, Qr. No.6/B Street No.21. Sector-1, Bhjid. Distriet burg (C&) 2. Swjmming Federation of Indio, Ahmedabad (©ujcrat), through its Secretcry Shrl Virendra Nanavati, Krishna Viila 128, Paraskunj Society-1, Sateljjte Road, Ahmedabad (©ujarat)380015 3. The Dlstrict Sw-lrn-niing Associotion, BIIospur through it^ President Shri D.K. Nag, C/o Jai Dur9Ci[ Automobj!e3, Mahamcya Chowk, Sarkanda, District Biia^pur. 4, The ©eneraiSecretory, South East Central Rdlway Sports Association, District Bilaspur (C©) 5. South East Centrd Rdiway Sports, RaJIway 5vy-immin9 Cooch Siiospur (C©)Shrj Hemant Singh PGrjhar, Rdlway Swimming, R/o Scrju Bag10^^. Near Teiephone Tower, Near Dr, Rake^h Dadaria, Di^trict Bila^pur (C^) 6. The BiSaspur Corpratior? Swimmsn9 Association, Bilaspur (C6) through its authorized person Shri Rajesh Adiley, Labour Inspector, R/o Ravi Nagor, Sindhi Colony, Distrlct BiSaspur (C&) State of Chhattisgarh, through jts Secretary/ Department of Sports and We!fa'ae, D.K.S. Bhawan, AAQntralGya, Rdpur (C©). 7. Present: Mr\ P.K. Tuisiyan, Advocate Mrs. Naushina Afrin Aii, Adyocate Mr, 5. Thakur, Pane! Lawyer For the petitioner, For respondent Raiiways For respondent-State. ORAL OR&ER (Passsd on 30th Novembsr, 2009) 1. The petitioner has fiied the instant petition under Article 226 of the Constitution of India and prayed for direction to respondents No.l & 4 /, L^^ Page2 not to aSiow other than the State duiy quaiified swimmers to represent the State in th©national swimniing championship and to further direct respondents NoJ & 6 to perform as per norms and guideJines of the Swimming A^socjatson of India and its statutory rules and byelaws. 2. Qnevance of the petitioner, in nutshelJ, is that the petitioner is a s'tudent with good academic record and he has obtained remarkabie achievements in swimming sport in the State of Chhattisgarh and has particjpated in the tournaments organized at Loca! LeveJ, State Level and Nationai LeveJ. Respondent-SECR has appointed certain empioyees aaalnst the sports quota. Railway Sports Promotion Board vide jts resoiution datea 14J2J993 (^nnexure Pau7) has issued certain gujdeiines accoradiri9 to which the rai!way empbyees appointed against sports quota can partlcipate in various toumaments/championshjDS by representing non-railway team only after obtaining due permission from the €;oncemed railway sports association. However, the empJoyees of the ftaiJways appointed against sports qyota have been permitted to represent the Chhattisgarh State Aquatic Tearn in Senior National Charnpjonshlp ^ithout necessary ino objection certjficate' by the respondents. 3. From the document of Annexura P-7 it appear3s that the Raiiway Sports Controi Board has issued some internaJ circuiar for gujdance according to whjch instructjons have been issued to aii raiJways/production units associatjon that the railway ernpJoyees appointed against the sports quota may represent the non-rajlway teams after obtaining necessary permissjon of the concerned railway sports association except jn certajn cases, such as, where the zonaJ railway team or Indian raiiway team is also partscspating- From the documents filed by the petitioner i't aJso appears that certain employees of the railways have partjcipated m the nationa! sports toumament frorn their respactive States wjthin the knowtedge of the respondent No,4 .after they were spared by the railways or the said assocsation and they were granted special casuaJ and relseved from the job< .y^ 1 u> 'Page 3 4. Since the railway empioyees, pbsted within the State of Chhattisaarh, have represented the State of Chhattisgarh in swimraing events without any objection from their empbyer, in my considered opinion the petitioner has no I'ocus standi to object their participation in the ^wjmmina events as representative of the State of Chhattisgarh^ 5. In the result.the instant petition is without any substance, the deserves to be dismissed and it is, accordinaJy, dismisssd. No orcier as to costs. . . 1 1 Sd^ Dhirendra Mishra Judge ,/ i