Sources claimed the HC could hear the matter tomorrow.
"We had no option but to take the matter to the court as Sushil wants a chance to undergo a trial," a source close to Sushil said.
After his name did not figure in India's Rio preparatory camp, Sushil today suffered yet another setback as Sports Minister Sarbananda Sonowal ruled out intervention in the selection battle for the Rio Olympics, saying that the matter is for the WFI to decide.
He had also appealed to the Sports Ministry, Indian Olympic Association, WFI and the fans.
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Even the WFI had sought the Sport Ministry's intervention to resolve the raging furore but Sonowal today made it clear that "Government has nothing to do with it and the Federation, which is an autonomous body, is the final authority."
According to the rules, a quota belongs to the country and not to a particular wrestler and, thus, it was expected that a trial would be held in the contentious 74kg category to chose between Sushil and Narsingh.
WFI has been giving hints that it is not too keen on holding the trial in 74kg division, fearing demands from other wrestlers in the remaining seven weight categories India has earned quotas for Rio Games.
Even as Sushil's letter was lying with the PMO, WFI president Brij Bhushan Sharan Singh had said that the federation would wait for the government to give directions on the matter.
Sushil has also argued that the government has spent a substantial amount of money on his training and even the federation has been asking him to keep practising.
"If it was already decided that the athlete winning the quota place would be the one going to Rio Games, then WFI should have told me and also my name should have been omitted from the Sports Ministry's TOP scheme.
"Then I would not have worked so hard in the last one year and also the government should not have wasted so much money and time on my training in India as well as abroad," Sushil had said.