Chirag Baretha & Ors. vs Union Of India & Ors.

$~107
* IN THE HIGH COURT OF DELHI AT NEW DELHI
th
% Date of Decision: October 15 , 2026
# CNR No. DLHC010500682026
+ W.P.(C) 15381/2026
CHIRAG BARETHA & ORS. .....Petitioners
Through: Mr. Varun Bala and Ms. Komal
Gupta, Advocates.
versus
UNION OF INDIA & ORS. .....Respondents
Through: Mr. Vijay Joshi, CGSC with Ms.
Katyayni Joshi, GP and Mr.
Shubham Chaturvedi, Advocate
for R1 and 4.
CORAM:
HON'BLE MR. JUSTICE AMIT MAHAJAN
AMIT MAHAJAN, J. (Oral)
1. By way of the present petition, the petitioner seeks the following
reliefs:
i. Issue an appropriate Writ/ Order/ Direction to the respondent no.
1 and also the other respondents to include the name of the
petitioners in the contingent participating in the Asian Para Games,
2026 to be held in Aichi-Nagoya, Japan from 18th October, 2026 to
24th October, 2026- reg and make necessary arrangements for the
para badminton discipline.
ii. Issue an appropriate Writ/ Order/ Direction to the respondents
collectively follow the guide lines set-forth by them for selecting the
candidates to ensure that the athletes who have real chance of
winning medal are only considered for participation in multi-
disciplinary sports events i.e Asian Para Games, 2026 to be held in
Aichi-Nagoya, Japan from 16th October, 2026 to 24th October,
2026-reg.
iii. Issue an appropriate Writ/ Order/ Direction to the respondents
collectively not to withdraw the names of the petitioners from the
Signature Not Verified
Signed By:SHIKHA
SEHGAL
Signing Date:16.10.2026
21:07:40

recommendations sent to the Badminton Asia and Asian Paralympic
Committee which is organising the Asian Para Games, 2026-
AichiNagoya, Japan.
iv. Or Issue an appropriate Writ/ Order/ Direction as this Hon'ble
Court deems fit and proper in the facts and circumstances of the
case.
2. It is the case of the petitioners that they are international para-
badminton athletes, who, on the basis of their international rankings and
recent performances, were eligible for selection to represent India at the
5th Asian Para Games, 2026, scheduled to be held in Aichi-Nagoya,
Japan, from 18th to 24th October, 2026.
3. It is contended that Respondent No. 3, between 19th and 25th
August, 2026, sent emails to the petitioners seeking their consent to
participate in the Games within one day and also called upon them to
furnish the names of their respective partners for the men’s doubles,
women’s doubles and mixed doubles events, as applicable.
4. It is contended that the petitioners duly communicated their
consent and furnished the requisite details within the stipulated period.
It is further contended that, following their shortlisting by Respondent
Nos. 2 and 3, they underwent and successfully cleared the anti-doping
tests conducted by the National Anti-Doping Agency at the instance of
the respondents. However, when Respondent No. 1 published the list of
selected athletes on 12th October, 2026, the petitioners' names were
excluded without any apparent justification.
5. Learned counsel for the respondents submits that though the
petitioners were initially allotted slots in the singles events for the Para
Asian Games, however, since they failed to meet the selection criteria
as per the notified selection criteria dated 24.09.2025, they were not
Signature Not Verified
Signed By:SHIKHA
SEHGAL
Signing Date:16.10.2026
21:07:40

recommended for participation. He submits that Clause 4.1 (II(a)) of
the notified selection criteria for the games dated 24.09.2025 provides
that an athlete is eligible for nomination if he or she has secured a sixth-
place or better finish at the last Senior Asian Championship held within
the preceding 12 months, or holds a world ranking among the top six
athletes of Asian nations, as on the prescribed cut-off date.
6. Clause 4.1(II(a) of the selection criteria dated 24.09.2025 is
reproduced hereinbelow:
“The NSF will be eligible to nominate an athlete if either in a weight
category/ event athlete has achieved 6th or better finish in that
category / event at the last Senior Asian Championship held within
last 12 months; or his/her World Ranking is amongst top 6 of Asian
Nations in international ranking as of 10 days before submission
deadline of final list of entry by name.”
7. The respondents have produced the Asian rankings of the
petitioner, derived from their world rankings, as on 21.07.2026, which
is the cut off date, as per the information furnished by Respondent No.
4/Sports Authority of India, before this Court. The same are as follows:
Name Asian Ranking
Chirag Baretha (Petitioner
No.1)
9th
Ammu Mohan (Petitioner No.
9th
2)
Shashank Kumar (Petitioner
10th
No. 3)
Signature Not Verified
Signed By:SHIKHA
SEHGAL
Signing Date:16.10.2026
21:07:40

Manisha Patel (Petitioner
9th
No.4)
8. Accordingly, the petitioners did not fulfil the prescribed ranking
criteria for selection in the respective singles events. Once the
petitioners failed to meet the notified eligibility benchmarks, the
decision of the respondents not to recommend them for participation in
the Para Asian Games cannot, in the absence of any demonstrated
deviation from the prescribed criteria, be characterised as arbitrary or
illegal.
9. The petitioners have relied upon their past achievements, medals
secured at international tournaments and the communications issued by
Respondent No. 3 seeking their consent to participate in the Games and
details of their doubles partners. However, these circumstances, by
themselves, do not confer an indefeasible right to selection. The
invitation to confirm participation and the conduct of anti-doping tests
cannot be construed as a final decision selecting the petitioners for the
Games. Their candidature was required to be assessed in accordance
with the notified selection policy and they failed to meet the same.
10. This Court, while exercising jurisdiction under Article 226 of the
Constitution of India, cannot issue a writ of mandamus directing the
authorities to alter the finalised contingent at this stage or take a
different view regarding the eligibility unless the view taken is
arbitrary.
11. The decision to exclude/include athletes from participation in a
Signature Not Verified
Signed By:SHIKHA
SEHGAL
Signing Date:16.10.2026
21:07:40

particular category is objectively taken, keeping in mind the feasibility
of sending athletes, by the authorities and subject experts which cannot
be interfered with.
12. Even otherwise, the sanctioned contingent has already been
finalised and acted upon. No order can be passed at this stage, given
that this exercise would undisputedly require multiple administrative
clearances.
13. In view of the above, this Court finds that the petitioners have
failed to establish any arbitrariness or illegality in their exclusion from
the Indian contingent so as to warrant the exercise of extraordinary
jurisdiction under Article 226 of the Constitution of India.
14. The Petition is accordingly dismissed, along with pending
application(s), if any.
AMIT MAHAJAN, J
OCTOBER 15, 2026
DU
Signature Not Verified
Signed By:SHIKHA
SEHGAL
Signing Date:16.10.2026
21:07:40