Court upheld that without explicit reservation for sports candidates in the recruitment advertisement, a petitioner cannot claim preferential selection based solely on sports status.

JUDGMENT

Murahari Sri Raman, J.-

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 dated 13.03.2024 rendered by the learned Single Judge in W.P.(C) No.7280 of 2023, whereby the appellant-writ petitioner craves for following relief(s):

'It is, therefore, prayed that this Hon'ble Court may graciously be pleased to issue notice to the opposite parties calling upon them to fail to show cause as to why the contempt order dated 13.12.2022 issued by the Honourable High Court shall not be complied being passed in gross disregard to the earlier order passed by this Hon'ble Court passed in W.P.(C) No.17348 of 2022/272 of2022 dated 27.11.2022.

A further direction to be issued to the opposite parties to extend the benefit of direct recruitment under sportsperson Resolution No.GAD-SC-RES-0012-2022 taking into reservation principles under State Civil Services to the petitioner and Sports and Youth Services Department as per 'outcome budget 2019-2022' Resolution is Annexured, as well as judgment of this Hon'ble Court passed to State of Orissa Vrs. Dr. Archana Kanungo in W.P.(C) No.17348 of 2022/272 of 2022 dated 27.12.2022 and provide all the benefits to the petitioners as due with effect from the date of appointment to other selected candidates for the post of Asst. Professor Sociology or Professor Sociology in different State Universities and benefits respectively within a date to be fixed by this Hon'ble Court. Or else Petitioner/Appellant shall suffer irreparable loss and injury which cannot be compensated by any means. So without proper finding and without proper finding and without proper adjudication the Writ petition 7280 of 2023 disposed of by the Honourable Single Judge of Orissa High Court dated 13.03.2024 is impropriety, unjust and unconstitutional as such the order dated 13.03.2024 is liable to be set-aside.

Therefore, it is most humbly prayed that this Honourable High Court may graciously be pleased to admit the appeal, call for record, issue notice to opposite parties the order of Honourable High Court dated 13.03.2024 be set-aside.

It is, therefore prayed that this Honourable Court may graciously be pleased to pass an order that the 'Petitioner get direct appointment for the post of Assistant Professor Sociology, Universities Advertisement-08, 21 post as meritorious sportsperson under one 1 post reserved from one year as stay for petitioner/Appellant which is reserved for sportsperson reservation principle by GA and PG and Sports and Youth Services, Government of Orissa Resolution.

And/or may pass any other order/orders, direction/directions as this Hon'ble Court may deem fit/proper.

And for this act of kindness, the Petitioner shall as in duty bound ever pray. '

Facts of the case:

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, dated 08.02.2021 in the category of 'Sportsperson' before this Court in W.P.(C) No.17348 of 2022, which came to be disposed of on 16.09.2022 with the following Order:

'1. This matter is taken up through, hybrid mode.

2. Hear