W.P.(C)/8613/2026 of SHUBHAM KUMAR Vs UNION OF INDIA AND ORS on 22 September 2026

1. Allowed, subject to all just exceptions.

2. Application stands disposed of. CM APPL. 64787/2026 (for early hearing)

3. For the reasons stated in the application, the same is allowed.

4. The date already fixed, that is, 01.10.2026, stands cancelled. W.P.(C) 8613/2026

5. By way of the present writ petition, the petitioner seeks the following reliefs:

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“A. Issue a writ, order or direction in the nature of Mandamus or any other appropriate writ, order or direction, directing Respondent Nos. 1 to 3 to forthwith process, approve and forward the Petitioner's entry for participation in the 20th Asian Games, 2026 in the men's - 94 kg weight category of Jiu-Jitsu, in terms of the Sports Technical Handbook Version 3.2 and the eligibility criteria prescribed under the Circular dated 24.09.2025. B. In the alternative, issue a writ, order or direction in the nature of Mandamus or any other appropriate writ, order or direction, directing Respondent Nos. 1 to 3 to ensure the Petitioner's participation in such eligible weight category, including the men's -85 kg category, as may be permissible under the applicable rules and regulations, without denying him the opportunity to participate in the forthcoming 20th Asian Games, 2026. C. Issue a writ, order or direction in the nature of Mandamus or any other appropriate writ, order or direction, directing Respondent Nos. 1 to 3 to ascertain that the Petitioner cannot be denied participation in the 20th Asian Games, 2026 on the ground of the alleged expiry or non-recognition of Respondent No. 4 (JJAI), particularly when the Petitioner fulfils the eligibility criteria prescribed by Respondent No. 1 and has qualified on merit. D. Issue a writ, order or direction in the nature of Mandamus, or any other appropriate writ, order or direction, directing Respondent Nos. 1 to 3 to consider the Petitioner's candidature strictly on the basis of his sporting merit, eligibility, international performance and medal winning potential, without being influenced by any inter 24 se administrative dispute, governance issue or regulatory uncertainty concerning Respondent No. 4..."

6. The case of the petitioner, in substance, is that though he satisfies the eligibility criteria prescribed and his candidature had been forwarded by the Jiu-Jitsu Association, his candidature has not been processed further for participation in Jiu-Jitsu event of 20th Asian Games, 2026.

7. Learned counsel appearing for the respondents, however, submits that the respondents are not sending any athlete/ Indian

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contingent (in the petitioner’s category) for participation in the Jiu- Jitsu event in the 20th Asian Games, 2026. It has further been submitted that the names of athletes had not been submitted by 14.05.2026 i.e. the cut-off date.

8. The above position has not been disputed and thus, assumes significance, in the facts of the present case. The prayer in the present petition is essentially directed towards securing the petitioner's participation in the 20th Asian Games, 2026.

9. The decision to exclude an athlete from participation in particular category is objectively taken by the authorities and subject experts which cannot be interfered. This Court cannot, in exercise of its jurisdiction under Article 226 of the Constitution of India, direct the respondents to send an athlete for participation in an event when the respondents have categorically stated that no athlete is being sent for the concerned event and it also stands admitted that the names of the athletes had not be sent by the association before the cut off date i.e. 14.05.2026.

10. The Courts also cannot substitute its own decision for that of the competent sporting authorities and compel participation.

11. Similarly, the contention of the petitioner that some candidates, who had not qualified, have been sent in the category of -57 kg, in some other sport/discipline also does not advance the case of the petitioner.

12. Moreover, undisputedly, the Games have already started on 19.09.2026. No effective relief thus can be granted to the petitioner at this juncture. Thus, no ground to exercise jurisdiction under Article

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226 of the Constitution of India is made out.

13. The present petition is, accordingly, dismissed. AMIT MAHAJAN, J SEPTEMBER 22, 2026 “SK” Signed By:SHIKHA SEHGAL