The Delhi High Court has asked the Ministry of Youth Affairs and Sports to notify the National Sports Federations that they run the risk of being derecognised or not recognised if they do not comply with the provisions of the National Sports Development Code of India 2011.
The Court held the Ministry’s decision to extend the deadline for National Sports Federations by six months (and in some cases one year) from the date of renewal of recognition to be in total compliance as not justified. It pointed out the Court had passed directions on compliance with the Code in May 2014 and again in February 2020.
While the Delhi High Court did not revoke the renewal of recognition of 53 NSFS granted by the Ministry in the past few months, it has decided to closely monitor the progress that NSFs make to comply with the Code. The Court said it would test the Ministry’s intentions and bona fides and ensure that this extension does not turn out to an exercise in futility as earlier.
“It shall be for the respondents (Ministry) to follow up with all the concerned NSFs on a regular basis and call for compliance reports with regard to all aspects of the Sports Code. The NSFs which do not fall in line and comply with the Code do not deserve and would not be entitled to receive any grants from the Central Government,” the Court ordered.
The Court has asked the Ministry to tabulate compliance of each NSFs with every specification of the Code in the format suggested and used by petitioner Rahul Mehra in his affidavit. It directed the Ministry to compile the information each fortnight and present it to the Court at each hearing to ascertain progress by the respective NSFs.
The Court has also said it saw no reason why the Ministry should discontinue the practice of updating the Compendium of Instructions on Scheme of Assistance to National Sports Federations. Senior Advocate Sachin Datta told the Court that he would report to the Court after taking instructions from the Ministry.
The order was passed by Justice Vipin Sanghi and Justice Najmi Waziri on January 21 in a writ petition filed in November 2020 after the Ministry decided to renew the recognitions of a number of NSFs.
Interestingly, in the Indian Olympic Association challenged the May 2014 order through a Special Leave Petition before the Supreme Court. However, the Court did not stay the Delhi High Court judgement and has not taken up the case for hearing since October 15, 2019. Thus, the Delhi High Court directions are in force and have to be complied with by all concerned.
