Delhi HC sets aside recognition of Yogasana Bharat as National Sports Federation, orders fresh selection process
New Delhi, July 9
Holding that the Ministry of Youth Affairs and Sports acted contrary to its own Sports Code, the Delhi High Court has quashed the recognition granted to Yogasana Bharat as the National Sports Federation for Yogasana and directed the Centre to undertake a fresh recognition process by inviting applications from all eligible organisations.
In a detailed judgment delivered on July 9, Justice Purushaindra Kumar Kaurav held that the recognition granted to Yogasana Bharat on November 27, 2020, was legally unsustainable as the organisation did not satisfy the mandatory eligibility requirements under the National Sports Development Code of India, 2011, at the time it was recognised. The Court also quashed the Ministry's subsequent speaking order dated October 19, 2021, and the annual recognition renewals granted thereafter.
The Court observed that Yogasana Bharat had existed for only around three months when it was granted recognition, whereas the Sports Code required an applicant to have at least three years of active existence. It further noted that the federation lacked the prescribed number of State and Union Territory affiliates and had not conducted the mandatory national championships before recognition was granted. The Court held that these were conditions precedent and not mere procedural requirements that could be fulfilled later.
The High Court was also critical of the decision-making process adopted by the Sports Ministry. It held that the Ministry failed to independently evaluate Yogasana Bharat's eligibility and instead relied primarily on the recommendation made by the Ministry of AYUSH. The Court observed that while inter-ministerial consultation was permissible, the Sports Ministry could not abdicate its statutory responsibility by treating another ministry's recommendation as the basis for granting recognition.
Rejecting the respondents' contention that the subsequent introduction of a relaxation clause in the Sports Code validated the recognition, the Court ruled that the clause came into force only on February 1, 2021, and could not retrospectively legalise a decision taken in November 2020. It held that an administrative action that was illegal when taken could not be cured by a later amendment.
The Court further found that the Ministry's speaking order of October 19, 2021, did not comply with its earlier directions. While the order examined the petitioner's eligibility, it failed to meaningfully consider whether Yogasana Bharat's recognition ought to continue despite the alleged violations of the Sports Code. The Court also noted that the Ministry relied on material obtained through an RTI response without disclosing it to the petitioner, thereby violating principles of natural justice.
While setting aside the recognition, the Court recognised that Yogasana Bharat had, over the past several years, organised national competitions, expanded the sport's reach and facilitated international participation. To ensure that athletes did not suffer because of administrative lapses, the Court protected all medals, titles, rankings, selections, certificates and sporting achievements secured during the period Yogasana Bharat functioned as the recognised National Sports Federation.
The High Court directed the Ministry of Youth Affairs and Sports to issue a public notice within 60 days inviting applications from all eligible bodies seeking recognition as the National Sports Federation for Yoga/Yogasana and to complete the recognition exercise in accordance with the Sports Code and the observations made in the judgment. It clarified that the Yoga Federation of India would not automatically become the recognised federation and that every applicant must be considered afresh through a fair, transparent and lawful process.
— ANI
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