Request Details

Clarification On participation of Foreign Passport holders in National events

KU77AWRS
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Government level: Government of India (India)
Addressed to: S K Ratho
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Requesting clarification on the following with respect to participation of foreign passport holders(OCI,PIO) in national events. In the judgement in the Delhi High Court case of Karn Kumar Vs Union Of India & Ors on 3 August, 2010, point 40 leaves the decision on participation of foreign passport holders in national events to the respective NSF's. However this leaves room for policies in contravention of the underlying judgement which unequivocally states that foreign passport holders cannot represent the country or partake in any financial support from the GOI. Since most NSF's and state governments use national events to determine national squad selection and eligibility for various state financial schemes, allowing foreign passport holders to be ranked or given a finishing position above an Indian passport holder robs the Indian citizen of his/her right to access such benefits. The judgement further goes on to say that "There cannot be a presumption that a right that is not taken away by a notification is deemed to have been granted." Consequently, a clarification is sought from the MOYAS, as the arbitrator for sport in the country, about how such a conflict is to be handled and if any policy clarifying this is currently in place.