Court Rules Against Indian Kayaking and Canoeing Association’s Request for Employee Deputation to International Events
In a significant ruling, the Jammu & Kashmir and Ladakh High Court dismissed the plea filed by the Indian Kayaking and Canoeing Association seeking permission for Ms. Bilquis Mir, a government employee, to undertake international sports assignments. The court held that being nominated by a National Sports Federation does not grant a government employee an enforceable right to such assignments without the employer's consent.
The case centered around Ms. Bilquis Mir, appointed as Chief Coach of the Indian National Kayaking and Canoeing Team for the Asian Games 2026 and nominated as Chief Finish Line Judge at the 2026 ICF Canoe Sprint World Cup in Hungary. The Association contended that the inaction of the UT of Jammu & Kashmir authorities in granting her permission was arbitrary and detrimental to Indian sports.
However, the court emphasized that Ms. Mir, as a government employee, is subject to the Jammu and Kashmir Government Employees (Conduct) Rules, 1971, and various administrative regulations. The court noted that her appointment by the Association does not override her obligations as a government employee, and the permission for such assignments lies within the administrative discretion of her employer, considering statutory rules and pending disciplinary inquiries.
The court found no merit in the Association's claim of discrimination compared to another coach relieved for a similar event, citing differences in circumstances, including pending inquiries against Ms. Mir. The court reiterated that mandamus is only issued to enforce a legal or statutory duty, which was not present in this case.
The judgment also addressed the need for a statutory framework by the Ministry of Youth Services and Sports to streamline procedures for deputing government employees to sports federations for national and international events, highlighting the administrative challenges faced by sporting bodies.
Bottom Line :
A government employee nominated by a National Sports Federation for a coaching or technical assignment related to international sports events cannot claim an enforceable legal right to demand permission to undertake such assignments without the consent of her employer. Such matters fall within the administrative discretion of the government employer and are subject to statutory rules, executive instructions, vigilance clearances, and administrative exigencies.
Statutory provision(s):
Jammu and Kashmir Government Employees (Conduct) Rules, 1971, Article 14 of the Constitution of India
