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The Delhi high Court today dismissed as withdrawn plea filed by Arjuna Awardee Raj Kumar against his non selection in the Tokyo Paralympics 2020.

The single judge bench of Justice Rekha Palli after hearing the matter at length directed  Adv Sunny Singla appearing for Kumar to seek instructions whether he wished to withdraw the plea.

On instructions Singla sought permission to withdraw the plea which was allowed by the Court.

Singla argued that if the Badminton  Association would have waited till July 16, kumar's name would have been selected.

Justice Palli however remarked "Why should they wait? They have been asked to send the names. You are an Arjuna Awardee and the nation acknowledges that but they sent your name what can they do now? You cannot claim Bipartite, its their discretion".

Adv Narin Kohli appearing for the Badminton Association submitted that Kumar's name had been sent to the Badminton Federation as per the deadline of the Bipartite selection but they had been asked to select names form the merit list according to which the petitioners name did not fall in that list.

Kohli further pointed out that "only if there is no selection on merit basis, the bipartite selection comes into picture. He is falling on the bipartite selection because he failed in the merit selection. Bipartite selections are not subject to appeal even if he wants the Badminton Association cannot send appeal on his behalf."

Raj Kumar in his plea had  alleged discrimination on the part of the Selection Committee of Paralympic Committee of India (PCI) and Badminton Association of India (BAI), in not selecting his pair with Parul Dalsukhbhai Parmar, for mixed doubles SL 3- SU 5 event.

The Association had informed the Court yesterday that Badminton Association's role role was only receiving invitations and confirming the same. The Bipartite system is a discretionary system that falls into play if by merit somebody is not available.

It was further informed that the the players were selected after achieving a certain rank in the Race to Tokyo Paralympic event. As per the Ranking List published on May 20, 2021, Raj Kumar and his pair Parul Dalsukhbhai Parmar stand at rank no 6 with total 2360 points. However he was supposed to rank 4 in the said event.

Case Title:Raj Kumar v. Paralympic Committee of India