Srinagar: The High Court of J&K and Ladakh on Tuesday dismissed a plea seeking permission for internationally acclaimed kayaker Bilquis Mir to serve as Chief Coach of the Indian national kayaking and canoeing team, holding that her appointment by a National Sports Federation could not override the service conditions applicable to her as a government employee.
A Division Bench comprising acting Chief Justice Sanjeev Kumar and Justice Mohammad Yousuf Wani said a government employee could not claim foreign travel or deputation as a matter of right merely because she had been selected for a national or international sporting assignment.
The court was hearing a petition filed by the Indian Kayaking and Canoeing Association against the Union Territory administration. The association had appointed Mir as Chief Coach of the Indian National Kayaking and Canoeing Team for the preparatory programme for the 2026 Asian Games.
She had also been invited to officiate as Chief Finish Line Judge at the 2026 ICF Canoe Sprint World Cup in Szeged, Hungary.
The association argued that repeated requests to the J&K authorities to relieve Mir had remained unanswered and that the delay was adversely affecting India’s preparations for international competitions.
It also alleged discriminatory treatment, pointing to another coach who had been permitted to undertake an international assignment.
The government, however, argued that Mir, a Physical Education Teacher in the Department of Youth Services and Sports, was governed by the J&K Government Employees (Conduct) Rules, 1971 and other regulations governing foreign travel and outside engagements.
It said her request could not be cleared because a departmental inquiry concerning alleged unauthorised foreign visits was pending and requisite documents for vigilance clearance had not been submitted.
The court accepted the government’s position, observing that the sports federation was effectively a “borrowing department” and could not compel the government, as the lending employer, to spare the services of its employee.
“Deputation is based on the consent and administrative discretion of the lending Government/Authority,” the court held, adding that no right is vested in a borrowing organisation to requisition an employee without the employer’s consent unless supported by a statutory provision.
The Bench also rejected the plea of discrimination, noting that the circumstances surrounding Mir’s case were materially different because of the pending departmental inquiry and issues concerning vigilance clearance.
At the same time, the court acknowledged that the administration should deal promptly with requests involving national and international sporting events, observing that delays could prejudice both the employee and the larger national interest.
In a significant direction, the court asked the Union Ministry of Youth Services and Sports to frame a statutory or otherwise enforceable framework governing the deputation of outstanding government-employed sportspersons to national sports federations.
The court said clear rules were needed so that the services of such employees could be made available to national federations in time for effective participation in major national and international events.
The writ petition was dismissed, the interim order granting Mir provisional permission was vacated, and the related appeal and contempt proceedings were disposed of.
