ARCHANA KANUNGO Vs. STATE OF ORISSA

JUDGEMENT

(1.) The challenge: This intra-Court appeal invoking provisions of Article 4 of the Orissa High Court Order, 1948 read with Clause 10 of the Letters Patent constituting the High Court of Judicature at Patna and Rule 6 of Chapter-III and Rule 2 of Chapter-VIII of the High Court of Orissa, 1948, is directed against the Judgment dtd. 13/3/2024 rendered by the learned Single Judge in W.P.(C) No.7280 of 2023, whereby the appellant-writ petitioner craves for following relief(s):

(2.) As adumbrated in the writ appeal, Dr. Archana Kanungo, appellant-writ petitioner, claims to be National Level Sportsperson in "Taekwondo" having identity card issued by the Director of Sports and Youth Affairs (State of Odisha), assailed non-selection for the post of Assistant Professor in Sociology discipline in response to the Advertisement No.8 of 2020-21, dtd. 8/2/2021 in the category of "Sportsperson" before this Court in W.P.(C) No.17348 of 2022, which came to be disposed of on 16/9/2022 with the following Order:

(3.) This matter was on board on 15/4/2024 under the heading "Fresh Admission". This Court heard Dr. Archana Kanungo, who appeared in-person and sought to argue her own case before this Court. As short point is involved in the present matter as to whether impropriety can be imputed to the Judgment dtd. 13/3/2024 of the learned Single Judge upholding Order dtd. 20/12/2022 passed by the Government of Odisha in Department of Higher Education rejecting the claim of the appellant-writ petitioner seeking to appoint her in the post of Assistant Professor in Sociology in view of her being shortlisted after participation in response to Advertisement No.08 of 2020-21, dtd. 8/2/2021 in consideration of reservation under the category of "Woman" candidate by taking into consideration further reservation under "Sportsperson" sub-category with reference to Resolution No. GAD-SC-RES-0007-2014- 33044/Gen, dtd. 11/12/2014 of the Government of Odisha in General Administration Department read with Principles to be followed on vertical and horizontal reservation during filling up of various State Civil Services posts as clarified vide Letter No. GAD-SC-RES-0012-2020- 1955/Gen, dtd. 19/1/2021, and this Court being apprised of the fact that the pleadings have already been completed before the writ Court and no further material is required to be placed for consideration of issue raised herein, on concession of both the sides, the hearing of writ appeal has been taken up. After conclusion of hearing on 15/4/2024, on request of the appellant, the matter is directed to be placed on 16/4/2024 for submission of "written note of arguments". Accordingly, written note of arguments is furnished to the Court on 16/4/2024 and the Court heard further arguments advanced by the appellant. After conclusion of arguments, reserved the matter for pronouncement of Judgment on a later date. Arguments advanced before this Court: