JAMMU, July 17: The Department of Youth Services & Sports, Government of Jammu & Kashmir, has taken note of certain statements made by Mr. Surya Bhanu Pratap Singh, a Wushu athlete, on various media platforms alleging injustice in relation to his non-selection under S.O.-12 of 2022 governing the appointment of Outstanding Sports Persons.
In the interest of transparency and to place the correct factual and legal position before the public, the Department deems it necessary to clarify the following:
It is an admitted position that Mr. Surya Bhanu Pratap Singh has represented India and the Union Territory of Jammu & Kashmir in Wushu and has secured medals during his sporting career. The Department acknowledges the achievements of every athlete who has represented the nation. However, eligibility for appointment under S.O.-12 of 2022 is governed exclusively by the statutory provisions contained therein and not by individual claims or past sporting achievements alone.
Mr. Surya Bhanu Pratap Singh had submitted his application seeking appointment under S.O.-12 of 2022. During the scrutiny process, all applications were subjected to detailed verification from the concerned National and International Sports Federations and other competent authorities to ascertain the authenticity of the achievements and the eligibility of the applicants under the governing Rules.
During such verification, it was established that Mr. Surya Bhanu Pratap Singh had been held guilty of committing an Anti-Doping Rule Violation by the International Wushu Federation (IWUF) Anti-Doping Disciplinary Committee in Doping Case No. 2018-IC-01 (Surya Bhanu Pratap Singh) vide Decision dated 04 June 2019.
The said decision categorically records the presence of prohibited substances, namely Mephentermine and Phentermine, in the athlete's sample. Consequently, under Article 10.2 of the IWUF Anti-Doping Rules, the athlete was declared ineligible, a period of ban was imposed, and all competitive results obtained at the concerned event were disqualified, including forfeiture of medals, awards, prizes, ranking points and all other consequential sporting benefits. The athlete was further prohibited from participating in any competition or sport-related activity during the period prescribed under the Anti-Doping Rules.
It is further a matter of record that while submitting his application under S.O.-12 of 2022, every applicant was required to furnish a declaration affirming that he had not been found guilty of any Anti-Doping Rule Violation. Despite the existence of the above-mentioned international disciplinary decision, Mr. Surya Bhanu Pratap Singh submitted a declaration stating that he was not guilty of any Anti-Doping Rule Violation.
The furnishing of a declaration contrary to the official record raises serious concerns regarding the correctness and bona fides of the information supplied by the applicant. Government recruitment processes are founded upon utmost candour, transparency and truthful disclosure by every applicant. Any incorrect declaration has legal consequences under the applicable rules.
More importantly, Rule 4(ii) of S.O.-12 of 2022 expressly provides that an applicant found guilty of Anti-Doping Rule Violations shall be disqualified from the selection process. The language employed in the Rule is mandatory and leaves no discretion with the Selection Committee.
The Selection Committee constituted under Rule 3(2) of S.O.-12 of 2022 is only entrusted with scrutinizing applications in accordance with the Rules. The Committee possesses no statutory authority to relax, dilute, ignore or reinterpret the disqualification prescribed under Rule 4(ii). Any decision contrary to the express mandate of the Rules would itself have been illegal, arbitrary and contrary to the principles governing public employment.
It is equally pertinent to mention that Mr. Surya Bhanu Pratap Singh had availed the remedy before the Court of Arbitration for Sport (CAS), the internationally recognized appellate forum in sports disputes, challenging the disciplinary action arising out of the Anti-Doping proceedings. The challenge did not result in the setting aside of the Anti-Doping findings. Consequently, the findings recorded by the competent Anti-Doping authority continued to remain operative and binding.
The Department further clarifies that the decision regarding the disqualification of Mr. Surya Bhanu Pratap Singh was not taken in a mechanical or unilateral manner. In strict adherence to the principles of natural justice, the athlete was afforded a reasonable and adequate opportunity of being heard. He was permitted to submit his representation and all documents which he intended to rely upon in support of his claim.
The representation so submitted was duly examined on its merits by the competent authority in light of the applicable statutory provisions governing the recruitment process.
Upon a comprehensive examination of the facts, records and the governing provisions of S.O.-12 of 2022, the competent authority found that the statutory disqualification prescribed under Rule 4(ii) was squarely attracted in the case of the applicant. Consequently, the representation submitted by Mr. Surya Bhanu Pratap Singh was disposed of by a reasoned decision, and the grounds for his disqualification were duly communicated to him. Therefore, the allegation that the Department acted arbitrarily or without affording due process is wholly incorrect, unfounded and contrary to the official record.
It is settled that where a statutory rule expressly prescribes a disqualification, neither the Selection Committee nor any administrative authority has the power to override, dilute or ignore such mandate on equitable or sympathetic considerations. The Department is duty-bound to enforce the Rules as notified and cannot extend a benefit that is expressly prohibited by law.
The Department reiterates that recruitment under S.O.-12 of 2022 has been conducted strictly in accordance with the notified Rules, after multi-level scrutiny and verification by the competent authorities. Every candidate has been assessed uniformly on the basis of the statutory eligibility conditions without exception. The Department strongly advises all stakeholders to refrain from circulating misleading or incomplete narratives that overlook the binding statutory framework governing the recruitment process. Public confidence in institutions is preserved by adherence to law, not by selective presentation of facts.
The Government remains committed to encouraging clean sport and extending recognition to deserving athletes who uphold the highest standards of integrity, fairness and sportsmanship. Equally, the Government has a legal and moral obligation to enforce the Anti-Doping framework and the recruitment rules uniformly, without fear or favour.
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