Delhi HC holds EFI biased against Gaurav Pundir, orders retention as Asian Games probable

Delhi High Court has directed Equestrian Federation of India (EFI) to facilitate two-time National Champion Gaurav Pundir’s entry to two events in Europe so that he could secure a Minimum Eligibility Requirement (MER) on his new horse and remain in contention for a spot in the Indian Dressage team for the Asian Games later this year.

In a judgement pronounced on Saturday, Ms. Justice Tara Vitasta Ganju held EFI was biased against Gaurav Pundir and imposed onerous and harsh conditions by unfairly creating hurdles for him. 

The Judge ordered EFI to take all necessary steps at the earliest to include his name among the entries for participation in an event in Hagen, Germany, or elsewhere at least two weeks before his next event. The Court directed EFI to extend all cooperation to the rider to compete in the two events.

Frustrated by EFI’s constant shifting of goalposts and laying of hurdles, Gaurav Pundir moved court after the Federation did not forward his entry to a competition in Achleiten in Austria that it had itself identified as one of the three events for him to secure an MER on a new horse and be eligible for a two events that would comprise the final selection trials.

He pointed out that EFI has placed hurdles in every step of his way. To begin with, it did not inform him that the trails held in India would be rendered pointless because he would not be able to take his horse, Escobar, for the Asian Games competition directly to China. Then, it reneged after indicating to him that it would initiate the visa proceedings for his travel to Europe.

Then, aware that he had not yet secured a visa to be in Europe, it identified a competition for him in Redefin, Germany, on May 4. Inevitably, he could not to take part in the event as he reached Europe on May 3 and had not leased a horse. Now, EFI did not forward his entry for the Achleiten event on June 17 as it claimed he was not a probable any more after ‘missing’ the Redefin event. 

Left to his own devices, Gaurav Pundir tried securing a Schengen visa on his own. Since he was still securing a visa to be able to travel to Europe, he could not compete in an event scheduled for the first week of May. And now that he has based himself in Lithuania and found a horse to partner with, EFI did not forward his entry to an event in Austria that it had identified itself.

On April 17, even as Gaurav Pundir was running from pillar to post to secure a visa, EFI identified an event in Redefin, Germany, from May 4 to 7 as the trial for the Dressage rider/s. Since he had obtained his MERs in India on Escobar, EFI insisted that he secure the MER in that event to be permitted to compete in the other events identified by EFI.

On May 20, the Judge had ordered EFI to include Gaurav Pundir in the Long List of names sent to the Indian Olympic Association to be forwarded to the Hangzhou Asian Games Organising Committee despite the EFI claim that he was no longer a probable because he had missed a competition in Germany earlier that month. 

For some illogical reason, EFI now wants him to compete along with other Indian Dressage riders in Hagen in Germany on June 12 and 13.  Instead of hearing from EFI about the change of events from Austria to Germany, Gaurav Pundir discovered it during a Court hearing on May 29, three days after the last date of entries for the event in Germany had lapsed.

Justice Tara Vitasta Ganju ordered EFI to bear the fee for Gaurav Pundir’s second event – the revised third event – and directed that it should be at a venue and date as is set forth by the coach of the Indian team. 

In the judgement, the Court noted that a National coach for Dressage is yet to be appointed. The Judge also observed that the EFI decision to have two events in France in August and Belgium in September for final qualification prima facie does not appear to have a sound legal basis. 

Aware of the EFI penchant to prefer an appeal (as it had done in the cases of Eventing riders Chirag Khandal and Shashank Singh Kataria and Show Jumping rider Yash Nensee), Ms. Justice Tara Vitasta Ganju said while she anticipated a similar move in this case as well, she expected the Federation to follow her directions when the order is in force. 

It is apparent EFI did not expect him to secure a visa, travel to Europe, find a horse and strike an understanding with it and secure an MER in the first competition. The Europe-based riders and their mounts had got four opportunities to get one MER, but Gaurav Pundir was considered worthy of being given just one chance to confirm his place as an Asian Games probable.

Justice Tara Vitasta Ganju’s judgement of Saturday is the third successive verdict of the Delhi High Court against EFI, functioning without a legitimate Executive Committee.

On March 3, ruling in favour of 20-year-old Eventing rider Chirag Khandal, Justice Gaurang Kanth ordered EFI to include all riders who took part in the selection process in 2021-22 and 2022-23 as Asian Games probables (more so since riders based in India would have to lease horses in Europe after EFI discovered that their horses could travel to China).

On April 11, Justice Tushar Rao Gedela ordered EFI to hold its elections as per the National Sports Code. He granted voting rights only to State and Union Territory Associations and barred individuals and institutions from voting. He also evolved a formula to allow a proportionate share of votes for clubs/units in States which did not have recognised State Associations.

In both these cases, unhappy with the directives, EFI appealed against the judgements before a Double Bench of the High Court. Aware of the EFI penchant to prefer an appeal, Ms. Justice Tara Vitasta Ganju said while she anticipated a similar move in this case as well, she expected the Federation to follow her directions when the order is in force. 

Photo: Courtesy Gaurav Pundir Instagram

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