Srinagar, July 17 (JKNS): The Department of Youth Services & Sports, Government of Jammu and Kashmir, on Friday issued a detailed clarification rejecting allegations made by Wushu athlete Surya Bhanu Pratap Singh regarding his non-selection under S.O.-12 of 2022, asserting that the recruitment process was conducted strictly in accordance with statutory provisions.
In an official handout, as per news agency JKNS, J&K Govt 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, which governs 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 issues the following clarification:
The Department acknowledges 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 achievements of every athlete who has represented the nation are respected. However, appointments under S.O.-12 of 2022 are governed strictly by the statutory provisions contained therein, and eligibility is determined exclusively in accordance with those Rules rather than on sporting achievements alone.
Mr. Singh had submitted an application seeking appointment under S.O.-12 of 2022. As part of the recruitment process, all applications underwent detailed scrutiny and verification through the concerned National and International Sports Federations and other competent authorities to establish the authenticity of sporting achievements and the eligibility of applicants under the notified Rules.
During this verification, it was established that Mr. Surya Bhanu Pratap Singh had been held guilty of 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 its decision dated 04 June 2019.
The disciplinary decision categorically recorded the presence of the prohibited substances Mephentermine and Phentermine in the athlete’s sample. Consequently, under Article 10.2 of the IWUF Anti-Doping Rules, Mr. Singh was declared ineligible, subjected to a period of ban, and all competitive results obtained at the concerned event stood disqualified, including forfeiture of medals, awards, prizes, ranking points and all other consequential sporting benefits. He was also prohibited from participating in any competition or sport-related activity during the prescribed period.
The Department further states that every applicant under S.O.-12 of 2022 was required to furnish a declaration affirming that they had not been found guilty of any Anti-Doping Rule Violation. Despite the existence of the above international disciplinary decision, Mr. Singh submitted a declaration stating that he had not been found 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. Government recruitment processes are founded upon transparency, candour and truthful disclosure, and any incorrect declaration carries legal consequences under the applicable Rules.
Most importantly, Rule 4(ii) of S.O.-12 of 2022 expressly provides that any applicant found guilty of an Anti-Doping Rule Violation shall stand disqualified from the selection process. The Rule is mandatory in nature and leaves no discretion with the Selection Committee.
The Department clarifies that the Selection Committee constituted under Rule 3(2) of S.O.-12 of 2022 is empowered only to scrutinize applications in accordance with the notified Rules. It possesses no statutory authority to relax, dilute, ignore or reinterpret the disqualification prescribed under Rule 4(ii). Any decision contrary to the express provisions of the Rules would itself have been illegal, arbitrary and inconsistent with the principles governing public employment.
It is also a matter of record that Mr. Singh availed the remedy before the Court of Arbitration for Sport (CAS), the internationally recognized appellate forum for sports disputes, challenging the disciplinary action arising out of the Anti-Doping proceedings. The challenge did not result in the Anti-Doping findings being set aside. Consequently, the findings recorded by the competent Anti-Doping authority continued to remain valid, operative and binding.
The Department further clarifies that the decision regarding Mr. Singh’s disqualification was neither mechanical nor unilateral. In strict adherence to the principles of natural justice, he was afforded a reasonable opportunity of being heard and was permitted to submit his representation along with all supporting documents. His representation 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, official records and the governing provisions of S.O.-12 of 2022, the competent authority concluded that the statutory disqualification prescribed under Rule 4(ii) squarely applied in the present case. Accordingly, Mr. Singh’s representation was disposed of through a reasoned order, and the grounds for his disqualification were duly communicated to him. Therefore, any allegation that the Department acted arbitrarily or without affording due process is factually incorrect, unfounded and contrary to the official record.
The Department reiterates 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 implement the Rules exactly as notified and cannot extend any benefit expressly prohibited under law.
The Department further 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 applicant has been assessed uniformly on the basis of the prescribed statutory eligibility conditions without exception.
The Department also 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 strengthened through adherence to the rule of law and the complete presentation of facts.
The Government of Jammu & Kashmir remains fully committed to promoting clean sport and recognizing deserving athletes who uphold the highest standards of integrity, fairness and sportsmanship. At the same time, it has both a legal and moral obligation to enforce Anti-Doping regulations and recruitment Rules uniformly, without fear or favour. (JKNS)
