Facts
The petitioners, para-badminton athletes, sought inclusion in India’s contingent for the 2026 Asian Para Games.
Source reference: para. 2–4, 9Respondent No. 3 had sought their consent and doubles-partner details, and they also underwent anti-doping tests; however, their names were excluded from the selection list published on 12 October 2026.
Source reference: para. 2–4, 9The respondents stated that the petitioners did not meet the notified selection criteria dated 24 September 2025.
Source reference: para. 5–7Under Clause 4.1(II)(a), nomination required either a sixth-place or better finish at the relevant Senior Asian Championship or a world ranking among the top six athletes of Asian nations by the specified cut-off date.
Source reference: para. 5–7The petitioners’ Asian rankings as of 21 July 2026 were ninth, ninth, tenth and ninth, respectively.
Source reference: para. 5–7They sought, among other reliefs, inclusion in the contingent and an order preventing withdrawal of their names from recommendations.
Source reference: para. 1Issues
1. Whether the petitioners’ exclusion from the Indian contingent was arbitrary or illegal, warranting relief under Article 226 of the Constitution.
Source reference: para. 8, 10, 132. Whether their consent to participate, submission of doubles-partner details and completion of anti-doping tests created a right to selection despite their failure to meet the notified criteria.
Source reference: para. 93. Whether the Court could direct a change to the finalised contingent at that stage.
Source reference: para. 10–12Law Applied
Article 226 permits judicial review of a selection decision where the decision is shown to be arbitrary or illegal; it does not authorise the Court to substitute its view for that of the competent authorities on athlete eligibility absent such a defect.
Source reference: para. 8, 10, 13Clause 4.1(II)(a) of the selection criteria dated 24 September 2025 made an athlete eligible for nomination only if the athlete had achieved a sixth-place or better finish at the specified Senior Asian Championship, or had a world ranking among the top six athletes of Asian nations as of the prescribed date.
Source reference: para. 6The judgment cites no other statute or precedent.
Source reference: no citationReasoning
The petitioners’ Asian rankings were outside the top-six threshold, and the judgment identifies no qualifying championship result or demonstrated departure from the notified criteria.
Source reference: para. 7–9Their prior achievements, participation-related communications and anti-doping tests did not amount to final selection or confer an indefeasible right to inclusion.
Source reference: para. 7–9The Court therefore found no basis to characterise their exclusion as arbitrary or illegal.
Source reference: para. 10–13It also declined to direct alteration of the contingent, which had already been finalised and acted upon and whose amendment would require multiple administrative clearances.
Source reference: para. 10–13Holding
The Court held that the petitioners had not established arbitrariness or illegality in their exclusion and that no mandamus directing their inclusion was warranted.
The petition and any pending applications were dismissed.
Source reference: para. 13–14Acts & Sections Cited
1 provisions across 1 statute referred to in this judgment. Linked provisions open on LawLens.
notified selection criteria for the games dated 24.09.20251
Original Court PDF
Chirag Baretha & Ors.vsUnion Of India & Ors.
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