It therefore appears that this is prima facie an extraneous consideration, which is not relevant, especially since even if the applicant's application for registration had been accepted, there would still be 9 teams left in the national league in a manner that allows meeting the minimum for the purpose of receiving the budget (which stands at 8 teams).
To this should also be added the Applicant's declaration, according to which if she is not accepted for registration in the National League, she will leave the National League on her own initiative, so that one way or another it will not be possible to count her in the number of teams for the purpose of receiving the budget.
I find it to be noted further that the Association's argument that it chose to act according to a basic and natural sporting principle, and to prefer the Hapoel Arab Girls team over the Applicant in light of their sporting achievement. This is because this principle is not included in the regulations of the Women's League, and there is no denial by the Association that registration for the National League is not related to sporting achievements. On the contrary, and insofar as sporting achievements are involved, similarly action should be taken to "transfer" another team from the National League to the National League. However, as mentioned, at this stage there is no transition between the two leagues based on achievements.
It should be clarified that the aforesaid does not lead to the transfer of a team from the National League to a national one, especially since this matter is also ostensibly inconsistent with the regulations.
- Second, prima facie, this is a decision that violates the rules of natural justice and the Applicant's right to argument.
The court noted that in the past five years, there has been a practice according to which every team that requested to register in the National League has been accepted, but it was of the opinion that the association is entitled to deviate from this practice.