SRINAGAR: The Supreme Court on Thursday set aside a Jammu and Kashmir and Ladakh High Court order and directed the JK administration to issue a no objection certificate and relieving order to international water sports coach Bilquis Mir by September 15, clearing the way for her to assist the Indian national kayaking and canoeing team at the Asian Games in Japan.
A bench of Justices Aravind Kumar and Vipul M Pancholi allowed an appeal filed by the Indian Kayaking and Canoeing Association against the High Court’s August 11 judgment. It also quashed the J&K Government’s June 19, 2026 order denying Mir permission to take up the assignment on the grounds of pending departmental inquiries and service conditions.
Mir, a physical education teacher in the J&K Youth Services Department, was selected by the association in February 2026 to prepare the national team. She is expected to join as chief coach and assist the team at the Asian Games, which begin in Japan on September 19.
The Supreme Court said sports assignments operate within fixed schedules, making timely administrative decisions essential.
“Sports administration necessarily involves strict timelines. Selection, training camps, qualifying events and international competitions operate upon fixed schedules which cannot be postponed to await completion of ordinary administrative processes,” the bench observed in its 16-page judgment.
The court said an employee may not have an absolute right to receive a favourable administrative decision, but that does not permit authorities to deny fair, reasonable, non-arbitrary and timely consideration of a request.
“The absence of an absolute right to obtain a favourable administrative decision cannot be equated with the absence of a right to fair, reasonable, non-arbitrary and timely consideration of a request,” it said.
The bench noted that delays had already caused Mir to miss an earlier international assignment as Chief Finish Line Judge at the World Cup in Hungary in May.
It held that sending the matter back to the authorities at this stage would effectively deny her meaningful relief, given the approaching Asian Games.
The administration has accordingly been directed to complete all requisite formalities by September 15, enabling Mir to join the national coaching camp and accompany the team to Japan. The period of her absence for the national sporting assignment will not be treated as unauthorised absence.
The Supreme Court also criticised the J&K administration for issuing the June 19 rejection order while an interim direction passed by the court on May 6 in Mir’s favour was still in force.
“An order of a constitutional court, for so long as it remains operative, binds the parties to the proceeding,” the bench said, adding that an executive authority could not render such a judicial direction ineffective through an inconsistent administrative order.
The court further rejected the High Court’s approach of treating the matter as an ordinary service dispute without adequately accounting for the time-bound nature of Mir’s national sporting assignment.
“The error in the impugned judgment lies in holding that the subsequent administrative order dated 19.06.2026 rendered the earlier delay inconsequential,” it said.
The bench stressed that delay can defeat the purpose of administrative action when an opportunity is tied to a specific sporting event.
“In a time-sensitive matter, delay may itself defeat the very purpose for which administrative power is required to be exercised,” the court observed.
At the same time, the Supreme Court clarified that its ruling does not confer a general entitlement on government employees to seek deputation or foreign travel. It also made clear that the J&K administration remains free to pursue departmental disciplinary proceedings against Mir in accordance with law.
The court, however, left intact the High Court’s direction requiring the Centre to frame an enforceable statutory framework governing government employees who are outstanding sportspersons or coaches.
Mir was represented by advocate Khowaja Siddiqui, while senior advocate Najmi Wazziri appeared for the Indian Kayaking and Canoeing Association.
