Rights Of Differently Abled Cannot Be Taken Away | Karnataka High Court Slams Denial Of Cash Awards | Orders State To Honour Commitment Under 2013 Guidelines
Isabella Mariam
The High Court of Karnataka Single Bench of Justice M. Nagaprasanna has directed that athletes who participated in the 7th World Dwarf Games held prior to the issuance of the 2017 guidelines are entitled to cash awards as per the applicable Government Order dated 30-11-2013. The Court quashed the order dated 27-08-2024 issued by the respondent authority that had declined the petitioners' claim for cash awards. A writ of mandamus was issued, directing the State authorities to grant the cash awards strictly in terms of the 2013 Government Order. The Court ordered compliance within eight weeks.
The petitioners, all athletes with dwarfism, had participated in the 7th World Dwarf Games held in Canada between 04-08-2017 and 12-08-2017. They represented India and secured medals in various events. Their selection was regulated by the Dwarf Sports Federation of India in association with the Karnataka Sports Association for Physically Handicapped. After their return, the petitioners sought cash awards in accordance with the Government Orders issued by the State of Karnataka.
According to the petitioners, the State had previously provided cash awards to similarly situated sportspersons who participated in international sporting events prior to 2017. Relying upon Government Orders dated 30-11-2013 and 11-12-2015, they contended that medal winners from the State representing India were eligible for monetary benefits. These orders had stipulated specific amounts for gold, silver, and bronze medal winners. The petitioners made repeated representations, including a submission to the Chief Minister. However, their requests remained unaddressed.
In response to persistent representations, the authorities issued an order dated 13-01-2022 rejecting the claims on the ground that the petitioners participated on their own volition and not as part of a State-sponsored contingent. The rejection prompted further litigation. The petitioners filed Writ Petition No.13975 of 2024 challenging the denial, whereupon the High Court directed the authorities to reconsider the claims in light of a Division Bench judgment in State of Karnataka and Another v. Sri Niranjan Mukundan (W.A. No.1189/2021).
Despite this direction, the respondent authority issued another order dated 27-08-2024 reiterating the rejection of the claim. It held that the petitioners had participated through an international invitation, not as part of a government-sponsored event, and were therefore not eligible for the awards.
The petitioners again approached the High Court contending that their participation in the 2017 Games occurred prior to the introduction of new guidelines on 09-10-2017. Hence, their claim was governed by the 2013 guidelines. They submitted that the Division Bench had held that sportspersons who participated in events prior to the change in policy must be considered under the earlier scheme.
In opposition, the State argued that participation was not under State sponsorship and granting the awards would set an unwarranted precedent. It maintained that recognition and approval from the State were essential preconditions for granting such benefits.
Justice M. Nagaprasanna recorded that the facts of the case were undisputed, particularly that the petitioners had represented India in the World Dwarf Games prior to 09-10-2017. Referring to the Government Order dated 30-11-2013, the Court stated in clear terms:
“The Government order dated 30-11-2013 is what is quoted hereinabove. Therefore, the petitioners become entitled to the benefits in terms of the orders of the learned single Judge and the Division Bench.”
Regarding the State’s stand that participation was not State-sponsored, the Court stated: “The reason rendered in the order is that the petitioners have gone to participate in the games on an invitation by the World Dwarf Games Federation and not through the State and, therefore, cash price cannot be granted.”
However, this reasoning was found inconsistent with the law as declared by the Division Bench. The Court recorded: “The said observation in the impugned order runs counter to what the Division Bench has observed in Writ Appeal No.1189 of 2021.”
The Division Bench, in the case of State of Karnataka v. Niranjan Mukundan, had held that claims related to events held prior to 09-10-2017 were to be governed by the 2013 guidelines. The Court, quoting this, stated:
“Therefore, on this ground, State Government have denied the benefits which have accrued to petitioner under 2013 Guidelines... Therefore, the argument advanced on behalf of the State that petitioner's case shall be considered under second guidelines is untenable.”
Justice M. Nagaprasanna observed that the coordinate Bench had unequivocally stated: “Sportspersons who are eligible for the benefits under the notification cannot be denied their right.”
The Court further stated: “The events in the case at hand have happened between 04-08-2017 to 12-08-2017. The finding of the Division Bench was confirming an order passed by a coordinate Bench.”
It concluded that the rejection order dated 27-08-2024 was unsustainable in view of the binding judgment of the Division Bench.
Justice M. Nagaprasanna allowed the writ petition and proceeded to quash the impugned order dated 27-08-2024 passed by the third respondent.
The Court issued a mandamus directing the respondents to grant cash awards to the petitioners in accordance with the Government Order dated 30-11-2013.
It further ordered that the directions be complied with within a period of eight weeks from the date of receipt of a copy of the order.
Advocates Representing the Parties
For the Petitioners: Sri Arnav A. Bagalwadi, Advocate
For the Respondents: Sri Mohammed Jaffar Shah, Additional Government Advocate
Case Title: C.V. Rajanna and Others v State of Karnataka and Others
Case Number: Writ Petition No.28822 of 2024
Bench: Justice M. Nagaprasanna
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