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Bombay High Court upholds BCCI's bone test policy for selection of cricketers

The court also noted that the BCCI rules were laid down as per proper statute in consultation of the experts which have been adopted by other sports authority.

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In a significant order the Bombay High Court on Wednesday upheld the policy decision taken by the Board of Control for Cricket in India (BCCI) making it mandatory for players to undergo a 'bone test' for selection in the under 16 age tournaments.

While rejecting the petition filed by Sagar Chhabria — who had challenged the rules of the BCCI — a division bench of justice S C Dharmadhikari and justice B P Colabawala said: "Chronological of birth through public documents cannot provide absolute right for selection in a sports activity, when the petitioner completely knew about the medical test laid down by the BCCI in regards to selection process for which he had signed up."

The court also noted that the BCCI rules were laid down as per proper statute in consultation of the experts which have been adopted by other sports authority. The petitioner has not challenged the qualifications of the experts and neither complains to genuine of the records of the BCCI have been raised. Further, the test laid down by the board is relevant and germane with the objects desired to be achieved of curbing entry of fraudulent entry of participants. By this the player does not suffer but is allowed to participate properly.

The student, who has excelled in cricket, had challenged the policy which requires a bone test be carried out to ascertain the age of a candidate to be selected in the forthcoming Vijay Merchant (under 16) (Tanner White House 3) tournament. It was argued that the policy was excessive and created a monopoly for the BCCI thereby affecting the talent of the student-cricketer.

However, the BCCI opposed the plea stating that the test is conducted with a view to have equality among players in the same group. The same policy is adopted in different states like Delhi, so the board cannot have different approaches in states. Moreover, the test has in-built rederessal mechanism where if two different experts differ on the results of bone test is referred to another expert and also the two experts for final decision.

Chhabria was held ineligible recently after the bone test showed him to be 16.5 years old. However, as per birth certificate records he is under 16 years and thus it was argued that the policy was contrary to the set norms of age determination like the birth certificate and details mentioned in the Passport which are governed under a Central Act.

 

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