Pay Cash Awards To Physically Challenged Athletes Who Participated, Won Medals At 2017 World Dwarf Games: Karnataka HC Directs State

The Karnataka High Court has directed the State Government to grant cash awards to physically challenged athletes who participated and won medals at the 7th World Dwarf Games conducted in August 2017. 

Justice M Nagaprasanna allowed the petition filed by C V Rajanna and others and directed, “Respondents to grant cash awards to the petitioners as claimed by them in terms of Government Order dated 30-11-2013. This order shall be complied within a period of eight weeks.”

The petitioners are physically challenged persons suffering from stunting of growth of the entire body, which in medical parlance is known as Dwarfism. They are stated to be athletes and are said to have represented the Nation in numerous sporting events, more particularly in World Dwarf Games that are held once in four years.

World Dwarf Game is an international multi-sport event for athletes with short stature similar to Paralympics.

The Dwarf Sports Federation of India in association with the Karnataka Sports Association for physically handicapped was entrusted with the task of selecting eligible athletes for competing in the 7th World Dwarf games of the year 2017 held in Canada. A total of 26 candidates were selected and the petitioners form a part of those selections to represent the nation in the said world games from the State of Karnataka.

The State has issued from time to time certain orders/guidelines for cash awards to athletes who win gold, silver and bronze in world championship to all those sportsmen who are participating representing the State. These petitioners have participated in the World Dwarf Games and 12-08-2017 and won medals but no steps were taken to compensate them.

Initially they filed a petition before the High Court which in 2021 disposed of the petition directing the government to consider their representation. Following which on 13-01-2022 the government passed an order rejecting representation.

The petitioner again moved the court which disposed of their petition in 2024, directed the case of the petitioners to be considered afresh in terms of judgment of Division Bench in the case of State of Karnataka v. Sri Niranjan Mukundan and connected case, decided on 21-06-2022. Following which the impugned order dated 28-07-2024 came to be passed.

The petitioners contended that earlier they were granted cash price and all other benefits based on the previous government order. Moreover, the State should encourage by grant of cash prizes to these persons who are physically disabled and participated in the games and won medals.

The government opposed the plea submitting that participation of the petitioners in the subject game is not at the behest of the State. Since the Government has not sponsored the candidates to any world event and they have participated on their own volition cannot demand cash price.

Findings:

The bench noted that the Government order dated 11-12-2015, which was the one prevalent at the relevant point in time when the petitioners participated, is in reiteration of the earlier Government order dated 30-11-2013. The 2013 order provided that a participant in the world dwarf game and winning medals would be entitled to a cash prize of ₹10 lakhs for gold, ₹7 lakhs for silver and ₹5 lakhs for bronze.

It referred to the order passed by the Division Bench in the case of State of Karnataka v. Sri Niranjan Mukundan and connected case decided on 21-06-2022, wherein the court has said that the claim of the petitioners should be considered in terms of the guidelines that were prevalent at the relevant point in time to all sporting events held prior to 09-10-2017.

It said, “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 prize cannot be granted. The said observation in the impugned order runs counter to what the Division Bench has observed in Writ Appeal No.1189 of 2021.”

Noting that competitions that have emerged earlier to 30-11-2013 and 09-10-2017 should be considered in terms of the guidelines dated 30-11-2013, the court held, “The petitioners become entitled to the benefits in terms of the orders of the learned single Judge and the Division Bench. The impugned order that is passed runs counter to the finding therein and the justification by way of statement of objections against taking away the right of these petitioners that was crystalized long before issuance of the Government order dated 26 09-10-2017, is unsustainable.”

Appearance: Advocate Arnav A. Bagalwadi for Petitioners

AGA Mohammed Jaffar Shah for Respondents

Citation No: 2025 LiveLaw (Kar) 167

Case Title: CV Rajanna & Others AND State of Karnataka & Others

Case No: WRIT PETITION No.28822 OF 2024

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