Kashish Malik vs Union Of India And Ors

$~43
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of Decision: 01.07.2026
+ W.P.(C) 8545/2026 & CM APPL. 39689/2026
KASHISH MALIK .....Petitioner
Through: Mr. Saurabh Jain and Mr.
Prayag Jain, Advocates

versus

UNION OF INDIA AND ORS. .....Respondents
Through: Mr. Shashank Dixit, Mr. Kunal
Dixit, Ms. Laavanya Kaushik
and Ms. Khyaati Bansal,
Advocates for R-1 and R-3
Ms. Aashita Khanna, Ms.
Ritwik Prakash and Ms.
Vidushpat Singhania,
Advocates for R-2
Mr. Parth Goswami, Advocate
for R-4

CORAM:
HON’BLE DR. JUSTICE SWARANA KANTA SHARMA
JUDGMENT
DR. SWARANA KANTA SHARMA, J. ( Oral )
CM APPL. 39690/2026 (exemption)
1. Allowed, subject to all just exceptions.
2. Application stands disposed of.
W.P.(C) 8545/2026 & CM APPL. 39689/2026

3. By way of the present writ petition, the petitioner seeks
following reliefs:
Signature Not Verified
Digitally Signed
By:ZEENAT PRAVEEN
Signing Date:01.07.2026
18:13:31
W.P.(C) 8545/2026 Page 1 of 14

“a) Issue a Writ of Certiorari or any other appropriate writ, order or
direction, quashing the Impugned Order dated 23.06.2026
passed by the Respondent No. 1; and/or
b) Issue writ/order/direction in the nature of Mandamus or any
other appropriate writ thereby directing Respondents No. 1
(Union of India/Ministry of Youth Affairs & Sports) to
forthwith forward the name of the Petitioner to Respondent No.
2 (IOA) and to the Asian Taekwondo Union for participation in
the Women's Under-57 Kg event at the 20th Asian Games,
Aichi-Nagoya, 2026; and/or
c) Issue a Writ of Mandamus or any other appropriate writ, order
or direction, directing Respondent No. 2 (IOA) to include the
name of the Petitioner in India's final athlete list to be
submitted for the 20th Asian Games, 2026...”

4. Issue notice. The learned counsels accept notice on behalf of
respondents.

5. It is the case of the petitioner that she has devoted the prime
years of her athletic career to representing India in international
Taekwondo competitions and that, by securing a Bronze Medal at the
27th Asian Taekwondo Championships held at Ulaanbaatar,
Mongolia, in May, 2026, in the Women's Under-53 Kg category, she
had secured for India a qualification slot in the Women's Under-57
Kg event at the 20th Asian Games, Aichi–Nagoya, 2026, in
accordance with the qualification framework prescribed by the Asian
Taekwondo Union. Aggrieved by the impugned order whereby she
has been declared ineligible to participate in the said Asian Games,
the petitioner has approached this Court seeking appropriate relief.
6. As set out in the petition, the petitioner has represented India in
several national and international Taekwondo competitions over the
years and has secured commendable performances at various
Signature Not Verified
Digitally Signed
By:ZEENAT PRAVEEN
Signing Date:01.07.2026
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W.P.(C) 8545/2026 Page 2 of 14

prestigious events. Her achievements include participation in two
World Championships, two Asian Championships, the 2018 Asian
Games, where she reached the quarterfinals in the Women's Under-
57 Kg category, the 13th South Asian Games, 2019, where she
secured a Gold Medal in the Women‟s Under-57 Kg category, the
Malaysia Cup and the Asian Invitation Cup, where she also won
Gold Medals in the same category, besides securing a Bronze Medal
at the Vietnam Cup, 2025.

7. The learned counsel appearing for the petitioner submits that
despite the petitioner having qualified under the qualification
framework prescribed by the Asian Taekwondo Union [hereafter
„ ATU ‟] and despite respondent no. 4 [India Taekwondo] having
recommended her candidature, respondent no. 1 [Ministry of Youth
Affair and Sports] has passed the impugned order dated 23.06.2026
whereby the petitioner has been declared ineligible to participate in
the 20th Asian Games, 2026. It is contended that the impugned order
proceeds on an erroneous premise that the petitioner‟s Bronze Medal
in the Women‟s Under-53 Kg category is irrelevant on the ground
that the said category now does not exist as a standalone event at the
Asian Games. The learned counsel argues that the respondent
authorities have failed to appreciate that the petitioner had earned
qualification for the Women‟s Under-57 Kg Taekwondo event at the
20th Asian Games, Aichi–Nagoya, 2026 by securing a Bronze Medal
at the 27th Asian Taekwondo Championships held at Ulaanbaatar,
Mongolia, in May, 2026, which had been expressly designated by the
Signature Not Verified
Digitally Signed
By:ZEENAT PRAVEEN
Signing Date:01.07.2026
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W.P.(C) 8545/2026 Page 3 of 14

ATU as the official qualification competition for the said Asian
Games.
8. The learned counsel further submits that respondent no. 4,
India Taekwondo, is the Member National Association (MNA)
affiliated to the ATU and is the competent body responsible for
recommending athletes and liaising with the ATU. It is submitted that
respondent no. 4 itself had formally recommended the petitioner‟s
name for participation in the Women‟s Under-57 Kg event at the 20th
Asian Games vide communication dated 23.06.2026, thereby
acknowledging and endorsing that the petitioner had secured
qualification in terms of the qualification framework prescribed by
the ATU.
9. It is further submitted that the ATU had, on 12.02.2026, issued
the Official Event Document („Outline‟) for the 27th Asian
Taekwondo Championships scheduled to be held at Ulaanbaatar,
Mongolia from 21st to 24th May, 2026. The learned counsel points
out that the said document specifically stipulated that the
Championship would serve as the qualification competition for the
20th Asian Games, Aichi–Nagoya, 2026 and further clarified that two
Championship weight categories would be combined into one
corresponding Asian Games weight category for the purposes of
qualification.
10. It is contended by the learned counsel for the petitioner that in
terms of the Official Event Document issued by the ATU, the medal
winners in each Championship weight category were to qualify for
Signature Not Verified
Digitally Signed
By:ZEENAT PRAVEEN
Signing Date:01.07.2026
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W.P.(C) 8545/2026 Page 4 of 14

the corresponding weight category at the 20th Asian Games, 2026.
Since the Women's Under-53 Kg and Women's -57 kg Championship
categories had been merged into a single Women's -57 kg event for
the Asian Games, it is submitted that the petitioner's Bronze Medal in
the Women's -53 kg category automatically secured for her a
qualification slot in the Women's -57 kg event at the 20th Asian
Games. It is, therefore, argued that in view of the qualification
framework prescribed by the ATU, the petitioner alone is entitled to
represent India in the Women's -57 kg category, having secured
qualification through a medal-winning performance at the designated
qualification event.
11. Reliance is also placed on Clause 4(ii)(a) of the Ministry's
Circular dated 24.09.2025 to contend that where the Senior Asian
Championship has been held within twelve months preceding the
Asian Games, an athlete securing a sixth or better position in the
relevant event at the Senior Asian Championships becomes eligible
for nomination by the National Sports Federation. It is submitted that
the petitioner, having secured the Bronze Medal, i.e., a third-place
finish at the 27th Asian Taekwondo Championships held in May,
2026, squarely satisfies the eligibility criteria prescribed under the
said Circular and, therefore, the impugned decision declaring her
ineligible is contrary to both the ATU Qualification Framework as
well as the Ministry's Selection Guidelines.
12. It is stated that the competent authority, in the impugned
Order, does not dispute the petitioner's Bronze Medal achievement.
Signature Not Verified
Digitally Signed
By:ZEENAT PRAVEEN
Signing Date:01.07.2026
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W.P.(C) 8545/2026 Page 5 of 14

Its only basis for holding the petitioner ineligible is that the -53 kg
category does not exist at the Asian Games. As demonstrated above,
the learned counsel states this reasoning fundamentally misconstrues
the operation of the competent authority‟s own Circular read in
conjunction with the ATU‟s qualification mechanism. It is stated that
the criteria must be applied to the Championship category in which
the athlete competed (-53 kg) which, through the ATU‟s merger rule,
corresponds to the Asian Games category (-57 kg).

13. The impugned order dated 23.06.2026, bearing No. 72-
05/2026, issued by the Ministry of Youth Affairs & Sports
(respondent no. 1), whereby the petitioner has been declared
ineligible for participation in the 20th Asian Games, 2026, is
reproduced hereunder:
“ Sub:- Compliance of Order dated 17.06.2026 passed in
CWP No. 19264 of 2026 titled as "Aranaya Thakur V/s
Union of India & Ors." filed before the Hon'ble High
Court of Punjab & Haryana at Chandigarh- reg.
Whereas the Hon'ble High Court of Punjab & Haryana
at Chandigarh, vide its Order dated 17.06.2026 passed in
CWP No. 19264 of 2026 titled as "Aranaya Thakur V/s Union
of India & Ors.", while disposing off the writ petition directed
this Ministry to consider the undated representation
( Annexure P-7 ) annexed with the Petition within the
parameters mentioned in Ministry's circular dated 24.09.2025
( Annexure P-6 ) annexed with the petition on or before
23.06.2026.
Whereas admittedly , no sports federation/association is
currently recognized as a National Sports Federation for the
sport discipline of Taekwondo by this Ministry in the country.
Whereas Clause (5) of the circular dated 24.09.2025
concerning selection criteria for individuals and teams for
participation in Asian Games, 2026, Para-Asian Games, 2026
etc., provides for a relaxation clause which reads as under:-
Signature Not Verified
Digitally Signed
By:ZEENAT PRAVEEN
Signing Date:01.07.2026
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W.P.(C) 8545/2026 Page 6 of 14

If in the opinion of the experts of specific sports
disciplines, and SAI, participation of individuals
and teams in relaxation of the above criteria is
recommended with justifiable reasons, the same will
be considered in the Ministry for appropriate
decision.
Whereas pursuant to the Hon'ble High Court direction
vide Order dated 17.06.2026, this Ministry sought
comments/opinion of Sports Authority of India on the
undated representation of the Petitioner vis-à-vis invocation
of relaxation clause in terms of the Ministry's circular dated
24.09.2025. In sequel, comments were duly received from
Sports Authority of India in the matter on 20.06.2026.
Whereas SAI has apprised this Ministry that no
communication regarding the selection of athletes for 27th
Asian Taekwondo Championship held at Mongolia or the
subsequent selection trials for the 20th Asian Games, 2026
has been received. Further, it has been apprised that, in the
present case, Ms. Kashish Malik secured a Bronze Medal in
the -53 kg individual category and Ms. Aranya Thakur
secured the 9th position in - 57 kg individual category at the
Asian Taekwondo Championship 2026. As per Sports
Technical Handbook issued by the Organizing Committee for
the Asian Games, 2026, competitions for women will be in
four weight categories, viz., -49kg, -57kg, -67kg, +67kg. It is
seen that-53kg category, in which Ms. Kashish Malik
(Respondent No. 5) secured Bronze medal in Asian
Taekwondo Championship 2026, is not an event/category in
the 20th Asian Games 2026.
Whereas clause 4(ii) (a) of the circular dated
24.09.2025 provides that where Senior Asian Championship
was held within 12 months preceding the upcoming Asian
Games or world Rankings are promulgated regularly: The
NSF will be eligible to nominate an athlete if either in a
weight category/event athlete has achieved a 6th or better
finish in that category/event at the last Senior Asian
Championships held within the last 12 months; or his/her
World ranking is amongst top 6 of Asian nations in
international rankings as of 10 days before submission
deadline of the final list by name.
Whereas in terms of Rule 8.3 (Entry Policies) of the
Sport Technical Handbook, National Olympic Committee
(NOC) of the country i.e., IOA in the present case may enter a
Signature Not Verified
Digitally Signed
By:ZEENAT PRAVEEN
Signing Date:01.07.2026
18:13:31
W.P.(C) 8545/2026 Page 7 of 14

maximum of one athlete per division of Kyorugi and
Poomsae events.
Whereas taking into consideration the
comments/opinion provided by SAI in the matter, it is
observed that neither the Petitioner viz., Ms. Aranya Thakur
nor the Respondent No.5 viz., Ms. Kashish Malik meets the
eligibility criteria as enshrined in the circular dated
24.09.2025. It is needless to state herein that the selection
criteria laid down by this Ministry vide afore-stated letter is to
ensure that the athletes who have real chance of winning
medal are only considered for participation in
multidisciplinary sports events.
Whereas, in light of the foregoing paras and reasons
mentioned herein-above, the undated representation of the
Petitioner is bereft and devoid of any merit and therefore,
does not warrant any further consideration for invocation of
relaxation clause by this Ministry within the parameters
mentioned in its circular dated 24.09.2025.
Now, therefore, in compliance of the directions of the
Hon'ble High Court of Punjab & Haryana at Chandigarh
dated 17.06.2026, and after due consideration of the undated
representation of the Petitioner, the said representation
seeking invocation of relaxation clause by this Ministry as per
Ministry‟s circular dated 24.09.2025 is hereby disposed of
accordingly within the afore-stated observations.
This issues with the approval of the competent
authority.”

14. The learned counsel appearing for respondent no. 1/Ministry of
Youth Affair and Sports submits that the petitioner herein is not
eligible to participate in the Asian Games 2026 and therefore,
according to the policy formulated by the Ministry, the impugned
order dated 23.06.2026 has been passed. In this regard, he draws this
Court‟s attention to the contents of the impugned order, wherein it is
specifically observed as under:
“ Whereas SAI has apprised this Ministry that no
communication regarding the selection of athletes for 27th
Signature Not Verified
Digitally Signed
By:ZEENAT PRAVEEN
Signing Date:01.07.2026
18:13:31
W.P.(C) 8545/2026 Page 8 of 14

Asian Taekwondo Championship held at Mongolia or the
subsequent selection trials for the 20th Asian Games, 2026 has
been received. Further, it has been apprised that, in the present
case, Ms. Kashish Malik secured a Bronze Medal in the -53 kg
individual category and Ms. Aranya Thakur secured the 9th
position in -57 kg individual category at the Asian Taekwondo
Championship 2026. As per Sports Technical Handbook issued
by the Organizing Committee for the Asian Games, 2026,
competitions for women will be in four weight categories, viz.,
-49kg, -57kg, -67kg, +67kg. It is seen that -53kg category, in
which Ms. Kashish Malik (RespondentNo. 5) secured Bronze
medal in Asian Taekwondo Championship 2026, is not an
event/category in the 20Asian Games 2026.
Whereas clause 4(ii) (a) of the circular dated 24.09.2025
provides that where Senior Asian Championship was held
within 12 months preceding the upcoming Asian Games or
world Rankings are promulgated regularly: The NSF will be
eligible to nominate an athlete if either in a weight
category/event athlete has achieved a 6th or better finish in that
category/event at the last Senior Asian Championships held
within the last 12 months; or his/her World ranking is amongst
top 6 of Asian nations in international rankings as of 10 days
before submission deadline of the final list by name.
Whereas in terms of Rule 8.3 (Entry Policies) of the Sport
Technical Handbook, National Olympic Committee (NOC) of
the country i.e., IOA in the present case may enter a maximum
of one athlete per division of Kyorugi and Poomsae events.
Whereas taking into consideration the comments/opinion
provided by SAI in the matter, it is observed that neither the
Petitioner viz., Ms. Aranya Thakur nor the Respondent No.5
viz., Ms. Kashish Malik meets the eligibility criteria as
enshrined in the circular dated 24.09.2025. It is needless to
state herein that the selection criteria laid down by this
Ministry vide afore-stated letter is to ensure that the athletes
who have real chance of winning medal are only considered
for participation in multidisciplinary sports events…”

15. In this Court‟s opinion, the principal contention of the learned
counsel for respondent no. 1 is that the petitioner is not eligible to
participate in the Asian Games, 2026, merely because she won a
bronze medal in the -53 kg category at the Asian Taekwondo
Signature Not Verified
Digitally Signed
By:ZEENAT PRAVEEN
Signing Date:01.07.2026
18:13:31
W.P.(C) 8545/2026 Page 9 of 14

Championship, 2026. It has been argued that the -53 kg and -57 kg
categories have now been merged into a single category, i.e., -57 kg,
and since the petitioner won a bronze medal only in the -53 kg
category, which is no longer a standalone category, she cannot be
considered automatically eligible under the Ministry's policy
contained in the circular dated 24.09.2025.
16. In essence, the learned counsel for respondent no. 1 does not
dispute that the petitioner won a bronze medal in the -53 kg category
at the Asian Taekwondo Championship, 2026, but primarily contends
that winning a bronze medal in the -53 kg category has now lost its
significance since she did not win a medal in the -57 kg category, in
light of the fact that the -53 kg category is no longer a standalone
category. This Court finds that it is strange and meritless submission,
since as per rules, a person who is eligible to participate in -53 kg and
has already won a medal, is now expected to have participated in -57
kg category also, though a person is eligible to participate only in one
category. To simplify, a person cannot participate in the -53 kg as
well as in the -57 kg category, which were two different categories
when Asian Taekwondo Championship 2026 were held in May 2026.
17. Moreover, the learned counsel for respondent no. 4, i.e. India
Taekwondo, also drew this Court‟s attention to the fact that the
submission of the learned counsel appearing for respondent no. 1 is
incorrect, for the reason that the petitioner herein has to fulfill
th
eligibility criteria to the extent of having secured 6 position or better
in the Asian Championship held in last 12 months, and she has
Signature Not Verified
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By:ZEENAT PRAVEEN
Signing Date:01.07.2026
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W.P.(C) 8545/2026 Page 10 of 14

finished third and won bronze medal in Asian Taekwondo
Championship 2026, and therefore, she is eligible to participate in the
Asian Games, 2026. He also drew this Court‟s attention to the
eligibility criteria as per competent authority‟s circular dated
24.09.2025, which provides as under:
“ 4. Benchmarks for individual sports and events and team
sports and events
x x x
(II) Non-Measurable Individual Sports and Events
a. Where Senior Asian Championship was held within 12
months preceding the upcoming Asian Games or world
Rankings are promulgated regularly:
The NSF will be eligible to nominate an athlete if either in
a weight category/event athlete has achieved a 6th or better
finish in that category/event at the last Senior Asian
Championships held within the last 12 months; or his/her
World ranking is amongst top 6 of Asian nations in
international rankings as of 10 days before submission
deadline of the final list by name.”

18. The Ministry/respondent no. 1 does not dispute that the
petitioner fulfils the aforesaid criteria and had secured a sixth or
better finish (i.e. third position) in the last Senior Asian
Championships held within the preceding twelve months (i.e. the
Asian Taekwondo Championship, 2026, held in May, 2026). The
only objection raised is that the said medal was secured in the -53 kg
category and not in the -57 kg category, and that the two categories
have now been merged, with the -57 kg category succeeding the -49
kg category.
19. Since it is undisputed that a player is not permitted to
participate in two distinct categories, as discussed above, the
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W.P.(C) 8545/2026 Page 11 of 14

contention of the learned counsel for respondent no. 1 is self-
defeating. A player can participate only in one category and not in
two. Therefore, once the rules themselves do not permit a player to
participate in both the -53 kg and -57 kg categories, the competent
authority cannot reasonably expect such a player to have participated
in both categories and thereafter hold her responsible for not having
won a medal in the -57 kg category.
20. Further, since the -53 kg and -57 kg categories have now been
merged and, after the -49 kg category, there exists only the -57 kg
category, the only logical conclusion is that a player who had
participated in either the -53 kg or the -57 kg category at the Asian
Taekwondo Championship, 2026, would be eligible to be considered
as having won a medal in the merged -57 kg category. Any other
interpretation would lead to an absurd situation where, despite the
rules prohibiting participation in two categories, the competent
authority penalises a player for not having qualified or won a medal
in both categories.
21. This Court also does not agree with the contention of the
learned counsel for respondent no. 1 that the petitioner cannot be
treated as participating in the -57 kg category. At the cost of
repetition, it may be observed that the newly merged category has
been designated as the "-57 kg" category. Therefore, a player who
has already won a medal in any category falling between 53 kg and
57 kg would be eligible to be considered and recommended for
participation in the Asian Games, 2026, as having won a medal in the
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merged category, in terms of Rule 4(ii)(a) of the circular dated
24.09.2025.
22. The learned counsel for respondent no. 1 also did not dispute
that the petitioner is the only person who has qualified the -53 kg
category and has won a medal for India. It is also not disputed that
there is no other person who has won a medal in Asian
Championship 2026 for the country in any other category i.e. either -
53 kg or -57 kg and therefore, in case her name is not forwarded
though having won a medal in -53 kg category, which makes her
eligible to be considered in newly merged -57 kg category, she will
lose a chance to participate, though eligible.
23. The impugned order has therefore been passed without
appreciating that categories of -53 kg and -57 kg have been merged
into -57 kg only, and there is no other person from -53 kg or -57 kg
who has won a medal for India in Asian Championship 2026, except
the petitioner which makes her eligible for consideration for
forwarding her name for participation in the Asian Games.
24. Considering the same, this Court sets aside the impugned order
passed qua the present petitioner and directs that her name be
considered by the concerned Competent Authority, in light of the
observations made in this order.
25. The learned counsel for IOA has also submitted that they have
forwarded the name of the present petitioner and has filed on record
the screenshot of the portal of the Asian Games Organising
Committee which finds the name of the present petitioner at serial no.
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6, making it clear that her name has already been forwarded as the
candidate participating in this category by IOA. The learned counsel
respondent no. 1 states that they have not received the list officially,
however, a copy of the same has been given to them in the Court.
26. However, considering the peculiar circumstances of the case
that it is about 3:30 PM and the name of the petitioner has to be sent
by 8:00 PM today, the hearing in this case took place for about two
hours and was concluded at about 4:00 PM itself, the competent
authority will ensure that the name of the petitioner is considered for
forwarding to the Asian Games Organising Committee. The learned
counsel for respondent no.1 will apprise the competent authority of
this order orally, till it is uploaded or a dasti copy is given to him.
27. It is also crucial to note that the policy in question (i.e. circular
dated 24.09.2025) was made when the -53 kg and -57 kg category for
Taekwondo had not been merged and therefore, the present situation
could not have been contemplated.
28. The petition alongwith pending application is disposed of, in
above terms.
29. A copy of this order be given dasti to the learned counsel for
the petitioner under the signature of Court Master.
30. The judgment be uploaded on the website forthwith.

DR. SWARANA KANTA SHARMA, J
JULY 01, 2026/ns
T.D./T.S.
Signature Not Verified
Digitally Signed
By:ZEENAT PRAVEEN
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