IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF MARCH, 2019 BEFORE THE HON’BLE Mr. JUSTICE ALOK ARADHE WRIT PETITION Nos. 12881-84/2012 (GM-RES) BETWEEN :
1. Victory Girls Cricket Association (Regd.) A society registered under the Provisions of the Societies Registration Act Having its office at No. 23/A 19th Main (Bus Route), 1st Block Rajajinagar, Bangalore – 560 010 And Rep. by its Secretary Mr. R. Lakshminarayan Age 44 years.
2. J.P. Nagar Sports Club (Regd.) A Society registered under the Provisions of the Societies Registration Act Having its office at No. 16 and 17 4th Cross, 1st Main, Navodhaya Nagar J.P. Nagar 7th Phase, Bangalore And rep. by its Secretary Mr. Sunder Raju K Age 45 years.
3. The Gokule Cricket Club 526/C, Nirupama Nilaya 8th Cross, K.N. Extn., Yashwanthpur Bangalore – 560 022 And rep. by its Proprietor Mr. Ashok Age 49 years.
4. Efficient Girls Cricket Club 21/A, 2nd Main, 5th Cross Shiva Nagar, Rajajinagar Bangalore – 560 010 and Rep. by its Secretary Mr. Putta Raju Age 40 years. … PETITIONERS (By Sri. B.N. Prakash, Adv.) AND :
The Karnataka State Cricket Association (Affiliated to the Board of Control for Cricket in India) M. Chinnaswamy Stadium Mahatma Gandhi Road Bangalore – 560 001 By its Secretary. … RESPONDENT (By Sri. Thammaiah H.N., Adv., for Sri. B.K. Sampath Kumar, Adv.) ---
These Writ Petitions are filed under Articles 226 and 227 of the Constitution of India, with a prayer to quash the circular passed by the respondent dated 05.01.2012 vide Annexure J and etc.
These Writ Petitions coming on for Preliminary Hearing in ‘B’ Group this day, the Court passed the following;
O R D E R Sri. B.N. Prakash, learned counsel for the petitioners. Sri. Thammaiah H.N., Advocate for Sri. B.K. Sampath Kumar, learned counsel for respondent.
2. The petitions are admitted for hearing. With the consent of learned Counsel for the parties, the matter is heard finally.
3. In these petitions the petitioners inter alia are seeking a writ of certiorari to quash the circular dated 05.01.2012 issued by the Karnataka State Cricket Association.
4. Facts giving rise to the filing of writ petitions briefly stated are that the petitioners are cricket clubs striving to find out best talents in hidden in the society and giving them an opportunity to play at the State level. Petitioners are regularly participating in the tournaments conducted by the respondent. The respondent has issued a circular dated 05.01.2012 by which it is decided to accept entries for All Women League and other tournaments only from the Registered Institutional Members and Institutional Associations in future. It has further been stated that the entries for Karnataka State Cricket Association conducted league, other tournaments and selection trials shall only be from registered Institutional Members and Institutional Associations, colleges and schools. In the aforesaid factual background the petitioners have approached this Court.
5. Learned counsel for the petitioners submitted that the impugned circular will cause hindrance in finding cricket talents and the circular is discriminatory in nature inasmuch as without any justifiable reason the same distinguishes between registered institutional members, institutional association and women cricket associations, clubs which are unregistered. It is further submitted that the petitioner clubs are praying to provide talented women cricketers an opportunity and opening.
6. On the other hand learned counsel for the respondent submits that the aforesaid decision has been taken in view of the stand taken by the Board of Control for Cricket in India as it has started treating the women’s cricket on par with men’s cricket.
7. I have heard the submissions made by the learned counsel for the parties and perused the records.
8. From a perusal of the impugned circular dated 05.01.2012 the sole basis for issuance of said circular is disclosed as the Board of Control for Cricket in India has started to treat the women’s cricket on par with men’s cricket. Therefore, the respondent has taken a decision to accept entries from registered institutional members and institutional associations only for participation in the tournaments. The decision taken by the Board of Control for Cricket in India for treating the women’s cricket on par with men’s cricket cannot furnish a ground to the respondent to accept the entries from registered associations only. The aforesaid circular is discriminatory in nature as the object of registered and unregistered associations is to provide an opportunity to the talented women crickets. Merely on the basis of non-registration, the petitioner clubs cannot be barred from participating in the tournaments conducted by the respondent. The aforesaid circular, therefore, cannot be sustained in the eye of law. It is accordingly quashed. In the result, petitions are allowed.
LRS.
Sd/- JUDGE.