CHENNAI: While hearing a petition filed by wrestler Vinesh Phogat wherein she requested her inclusion in eligibility pool and permit her to take part in the women's selection trials for the upcoming World Championships, the Delhi High Court on Thursday said it is not inclined to grant the interim relief sought by the petitioner at this stage.
"...at this stage, this Court is not inclined to grant an interim exemption from the eligibility criteria, to allow the petitioner to participate in the selection trials on 14.09.2026. To reiterate, the criteria prescribed under the Circular dated 07.09.2026 applies uniformly to all athletes. An athlete who has not participated in the prescribed competitions, for whatever reason, would not fall within the eligibility categories specified by respondent no. 1," Justice Swarana Kanta Sharma said in a landmark judgement that could have a bearing on all future selection matter involving disgruntled and disputed athletes.
The court through the order also said permitting Vinesh to compete would not only be unfair to other athletes but also have the effect of opening a Pandora's box. "In the present circumstances, directing respondent no. 1 to permit the petitioner to participate provisionally would, in substance, amount to carving out an exception, only in her favour, from the eligibility criteria applicable to all other athletes. It is pertinent to note that the eligibility criteria prescribed under the Circular dated 07.09.2026 is common to all athletes and are not directed specifically against the petitioner. Permitting the petitioner to participate by granting her a special dispensation, therefore, would not only be unfair to other athletes across the country who may have a similar grievance against the policy but are not before this Court, but would also have the effect of opening a Pandora's box, with other athletes seeking similar exceptions from the prescribed eligibility criteria. Such a direction, at this stage, cannot be issued without first examining and adjudicating upon the validity of the policy itself."
Earlier, Phogat had filed a petition seeking a fair and structured framework for women athletes returning to competitive sports after pregnancy and maternity leave. The respondent No 1, Wrestling Federation of India (WFI), then issued dates of selection trials for the World Championship and eligibility criteria for wrestlers to compete in it on September 7. Phogat then contended that the new selection framework effectively excludes her because she could not participate in competitions identified by the WFI as qualifying events during her maternity-related absence. She had also sought a stay on the WFI's September 7 circular prescribing eligibility criteria for the trials, to be held at the Indira Gandhi Stadium on September 14.
"This Court is also mindful that selection to represent the country at an international championship carries with it considerations extending beyond the individual claim of any particular athlete. The interest of the country in ensuring that its representatives are selected through a fair, uniform and performance-based process is of paramount importance. At this interim stage, therefore, this Court is of the view that the eligibility criteria applicable to all athletes ought not to be relaxed in favour of the petitioner alone, particularly when such relaxation may have consequences for other similarly situated athletes who are not before this Court," the court stated.
The court said a special class cannot be carved out in favour of the petitioner unless the validity and applicability of the selection policy itself is adjudicated upon. "This Court is also conscious that the larger question as to how motherhood and maternity are to be balanced against the demands of a sporting career, and whether an athlete ought to require to choose between motherhood and pursuing her career, merits careful consideration. However, that issue is yet to be finally examined and adjudicated upon in the present proceedings. Till the validity and applicability of the selection policy itself is adjudicated upon, the eligibility criteria prescribed thereunder cannot simply be set aside or wished away in the case of one athlete, and a special class cannot be carved out in favour of the petitioner, particularly when other athletes similarly placed may also face a comparable dilemma and may be required to make similar choices in the course of their sporting careers. Granting such interim relief to the petitioner alone, without first adjudicating upon the policy itself, may consequently result in unequal treatment of similarly situated athletes who are not before this Court."
The next date of hearing is fixed on September 29, practically ending Vinesh's hopes of competing in the selection trials. Meanwhile, the WFI has fixed September 18 as the next date of hearing of Phogat in front of its disciplinary committee. In the hearing, Phogat will present her reply to show-cause notices issued to her by the WFI.