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The Madras High Court has issued directions to the All India Sports Council of the Deaf (AISCD) to permit athlete Sameeha Barwin to participate in the World Deaf Athletics Championship to be held at Lublin, Poland from August 23-28.

A Single Bench of Justice R. Mahadevan held,

“Achievement of the petitioner cannot be simply brushed aside. Admittedly, out of the five selectees, none of the female athlete was selected. In the female category, it was the petitioner who stood first and therefore, in all fairness, the petitioner ought to have been selected by the respondents so that she could bring laurels to the Country by participating in the 4th World Deaf Athletics Championship.”

The petition was filed by the athlete, having 90 % hearing impairment, and total loss of speech disability. It was alleged by her that during selctions gender discrimination was done therefore she sought direction to the Chairman of All India Sports Council of the Deaf to include her name in the final selection list and send her to participate in the Fourth World Deaf Athletics Championship.

Petitioner’s averments

The petitioner submitted that she has participated in the National selection test conducted at New Delhi on 22nd July 2021 by the third respondent. Among the 12 participants, she excelled herself in jumping a distance of 5.5 meters in the long jump, thus, she had surpassed the eligible parameter of 4.25 meters as a condition precedent for getting selected.

The petitioner further averred  that as she has participated in the long jump and high jump in National and State levels having so far won 13 medals viz., 11 gold, 1 silver and 1 bronze, However, to her dismay, she was not selected to participate in the World Deaf Athletics Championship.”

 

She also added that when she sought the reason for her non-selection, it was disclosed that the selection authorities are not inclined to send a lone female member to the event and therefore, they have preferred the male members for the event.

Court’s observations

Stressing that potentiality of the athlete has to be tapped, the Court observed that,

“Even going by the past records of the petitioner, she had won 11 gold medals, 1 silver and 1 bronze in the various State and National events. This achievement of the petitioner cannot be simply brushed aside.”

Further noting that the athlete had surpassed the required parameters laid down for selection in jumping, the Court directed that when the athlete reports before the Chairman of AISCD, on her appearance, he shall declare the petitioner as selected and permit her to participate in the Fourth World Deaf Athletics Championship.

(Case Title: M. Sameeha Barvin vs. The Joint Secretary Ministry of Youth and Sports and Ors.)