HC dismisses petition challenging notification to supply coaches, mentors

Excelsior Sports Correspondent
SRINAGAR, Apr 1: The High Court has held the advertisement notification to supply the positions of Coach and mentors under the Khelo India programme for J&K by the Government of India valid and dismissed the petition challenging the notification.
The advertisement notification issued, whereby online applications have been invited for engagement of past champion athletes as coach and mentors in different sports disciplines at the SAI approved Khelo India District Level Centres, was challenged by two petitioners, who claim to be a qualified coach from Netaji Institute of Sports, Patiala and Southern Centre, Bengaluru respectively.
The petitioners were also seeking a direction to first identify new Khelo India Centres in the Union Territory of J&K in liaison with District Collectors in conformity with the scheme. The petitioners stated that in the year 2016 vide advertisement notification No.DIP-K-NB-1270 dated 24.08.2016 advertised 47 posts of junior coaches in various disciplines but only 17 qualified/eligible coaches responded.
The notification is challenged on the ground that the same is not in conformity with the Khelo India Scheme, in that, neither the Khelo India Centres at the District Level have been identified by the State Sports Department in liaison with the District Collectors nor has the Department of Sports, Government of UT been involved in the process.
While opposing the submissions of the petitioner, the authorities submitted that Government of India through Sports Authority of India (SAI) has approved opening of 40 Centres in 20 districts of Jammu & Kashmir in selected disciplines as Khelo India Centres (KICs) and under this scheme, as part of Government of India’s vision to strengthen the sports ecosystem in the country, low cost effective sports training mechanism has been developed wherein past champion athletes would become Coaches and Mentors, so that their expertise and experience is properly utilized for nurturing the athletes at grass root level.
Court has been informed that the Sports Authority of India vide its communication dated 13.01.2021 conveyed the approval of the competent authority for opening of 40 centres in 20 districts across J&K UT.
After having heard the counsels for the parties and perusal of the record, the court viewed that the petitioners have filed this petition primarily on their misapprehension that engagement of past champion athletes as coach and mentors in 40 identified Khelo India Centres would impinge upon their right of consideration accrued to them under the advertisement notification of 2016.
Court said the stand of the concerned authorities is clear and unequivocal and is clarified that the post of Junior Coaches advertised in the year 2016 are totally different and the centrally sponsored scheme of KICs has no bearing nor does it in any manner affects the recruitment notification of 2016.
“I am in agreement with the counsel for the respondents that the petitioners have no locus standi to file this petition for the reason that they are neither past champion nor have they responded to the impugned advertisement notification for being engaged as coach/mentors under the Khelo India Scheme”, Justice Kumar recorded.
Khelo India Scheme, court said, only provides a sum of Rs.3.00 lakh per annum to such past champion athletes to run Khelo India Centres in a particular discipline whereas the petitioners have applied for the post of regular coach in the J&K Sports Council and if appointed will get regular salary much more than what is provided in the Khelo India Scheme for the coach/mentors.
“Otherwise also, once the State Sports Council is nominated in the scheme as implementing authority, it does not lie in the mouth of the petitioners to say that J&K Sports Council is not the authority competent to identify the Khelo India Centres and initiate process for engagement of past champion athletes as coach/mentors in different disciplines”, reads the judgment.
The guidelines, court said, issued by the Government of India for implementation of the Khelo India scheme are in the shape of executive instructions and are not statutory in character and being the position, any irregularity in complying with the guidelines will not vitiate the process initiated and proceeded further with the approval of the competent authority.