Jayant Nath JUDGMENT
G. Rohini, C.J.
1. Board of Control for Cricket in India (for short 'BCCI') preferred these two appeals aggrieved by the common order passed by the learned Single Judge dated 20.12.2013 disposing of W.P.(C) Nos. 5284/2013 and 5283/2013 with the following directions:
"13. For the reasons stated hereinabove, the writ petitions are disposed of with direction to the respondents to verify the genuineness and authenticity of the documents filed by the petitioners as proof of their respective date of birth, within four weeks from today. If on such verification, the respondents find that the aforesaid documents are genuine documents, they would record the date of birth of the petitioner in W.P(C) No. 5284/2013 as 27.2.1998 and that of the petitioner in W.P(C) No. 5283/2013 as 3.10.1996 in their data base and would accordingly consider them for playing in the tournaments for which they are found to be eligible, taking their date of birth to be 27.2.1998 and 3.10.1996 respectively."
2. The respondents herein/writ petitioners desired to participate in Under-16 Tournaments organized by BCCI in the year 2012-2013 in which those who are born on or after 01.09.1996 were eligible to participate. However, in the age determination test conducted through Tanner-White House 3 (TW3) method, the petitioner in W.P.(C) No. 5284/2013 was determined to be 16 years and 2 months as on 01.09.2012. Similarly, the petitioner in W.P.(C) No. 5283/2013 was determined as 16 years and 5 months on the said date. Though the petitioner in W.P.(C) No. 5283/2013 was held eligible to play in Under-16 Team giving him the benefit of six months, the petitioner in W.P.(C) No. 5284/2013 was held ineligible to participate. It is claimed by the writ petitioners that as per the birth certificates issued to the writ petitioners under the Registration of Births and Deaths Act, 1969, transfer certificates issued by the schools where the petitioners studied as well as the Passports, the date of birth of the petitioner in W.P.(C) No. 5284/2013 is 27.02.1998 and the date of birth of the petitioner in W.P.(C) No. 5283/2013 is 03.10.1996 and thus both of them were within the age limit prescribed and were eligible to participate in the tournament. Therefore, assailing the action of BCCI in declaring them ineligible to participate on the basis of the age determined by TW3 method, the petitioners filed W.P.(C) Nos. 5284/2013 and 5283/2013.
3. The writ petitions were contested by BCCI pleading that bone age test being conducted for age verification of the players by TW3 method has been recognized as the most authenticated and scientific method by various National sporting Federations in India as well as international sports bodies; that prevention of age manipulation for competent advantage is one of the factors underlying the Age Verification Programme of BCCI to contain the menace of manipulation of birth certificates which is rampant in South Asia; that the age testing process by GP method (Greulich-Pyle method) which was being followed by the Associations earlier had accuracy rate of +/- 2 (two) years, whereas the TW3 method has the accuracy rate of +/- 6 (six) months; that the age determination by TW3 method was adopted in accordance with the directions of this Court dated 11.10.2013 in CM No. 14211/2013 in W.P.(C) No. 612/2011 titled Lokniti Foundation v. Union of India & Others.
4. Rejecting the contentions of the respondents, the learned Single Judge opined that it would be highly unreasonable and unfair to the players if despite submitting authentic and genuine documents they are denied opportunity to play in a tournament meant for their age group merely because in the medical opinion their age could be more than 16 years. Accordingly, the writ........