Delhi Gymkhana Club issuing green cards to those over 21 was without legal basis: HC

Green cards, akin to a licence to use the club facilities, are allotted to dependents of permanent members of the Delhi Gymkhana Club on turning 21. In March 2022, the club had terminated green cards of several individuals, forcing them to move court. The Delhi High Court held on Friday that the Delhi Gymkhana Club issuing green cards to individuals who had crossed the age of 21 was “without legal basis”. The court of Justice Sanjeev Narula was hearing a bunch of petitions filed by dependents of the existing club members who had applied for green card membership after the age of 21 due to various circumstances, including reasons such as their parents being abroad. Green cards, akin to a licence to use the club facilities, are allotted to dependents of permanent members of the Delhi Gymkhana Club on turning 21. In March 2022, the club had terminated green cards of several individuals, forcing them to move court.  The petitioners had contended that Articles of Association (AoA) of the club “does not prescribe a strict deadline for submitting membership applications” and denying them the benefit of green card holder status merely due to timing issues “would be unreasonable.” The club had contended that “green card holders don’t qualify as members of the club”. Justice Narula, however, held: “Prima facie, the issuance of green cards is in clear violation of the club’s AoA, lacking formal authorisation or recognition within its governing framework.” “The plaintiffs’ reliance on historical practices and informal policies cannot substitute for compliance with the AoA, which unambiguously requires dependents to apply for full membership upon reaching the age of 21. A system that circumvents this process, however longstanding, remains beyond the bounds of the club’s constitutional framework,” the court said.

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