Orissa High Court
Dr. Archana Kanungo vs State Of Odisha And Ors. .... Opposite ... on 27 October, 2022
Author: S.K. Panigrahi
Bench: S.K. Panigrahi
IN THE HIGH COURT OF ORISSA AT CUTTACK
RVWPET No.272 of 2022
Dr. Archana Kanungo .... Petitioner
Mr. Bhabani Sankar Tripathy,(1), Adv.
-versus-
State of Odisha and Ors. .... Opposite Parties
Mr. S.N. Das, ASC
CORAM:
DR. JUSTICE S.K. PANIGRAHI
Order ORDER No. 27.10.2022
01. 1. This matter is taken up through hybrid arrangement.
2. Heard learned counsel for the Parties.
3. This RVWPET has been filed by the Petitioner to review the order dated 16.09.2022 passed by this Court in W.P.(C) No.17348 of 2022. On that date the following order has been passed:
"1.This matter is taken up through hybrid mode.
2. Heard.
3. In this Writ Petition, the petitioner assails the nonavailability of benefit of reservation of posts under sports quota for the posts of Assistant Professors in Sociology and other disciplines in different State Public Universities of Government of Odisha for which process of recruitment has been initiated by the Opposite Party No.3/Odisha Public Service Commission (OPSC) and seeks a direction from this Court to the Opposite Parties to extend the facility of Page 1 of 3 // 2 // reservation of posts under the sports quota to deserving sportsmen/women candidates like her in the Sociology and other disciplines.
4. This Court appreciates the concern raised by the petitioner but in the absence of any provision in the Advertisement or any policy framework this Court cannot direct the Opposite party to create such posts. If the petitioner so desires, she can approach the concern Department for redressal of her grievance.
5. Accordingly, this Writ Petition is disposed of."
4. It is apparent that the Petitioner has filed this RVWPET to review the aforesaid order with a direction to the Odisha Public Service Commission to provide reservation of posts for Sports Person in the bonafide interest of justice though the Opposite Party No.3 is only a recruiting agency and is not empowered to frame any policy for creation of reservation for Sports Person. The said order passed by this Court earlier cannot be found fault. However, paragraph 4 of the said order dated 16.09.2022 passed in W.P.(C) No.17348 of 2022 is suitably modified by adding a sentence at the end "On such event, the representation of the Petitioner shall be disposed of by the authority taking into account the provisions under the Orissa Civil Services (Reservation of Vacancies for Women in Public Services) Rules, 1994 within a period of Page 2 of 3 // 3 // three weeks from the date of production/ submission of a copy of this order along with a copy of the RVWPET". Rest part of the aforesaid order shall remain unaltered.
5. The RVWPET is, accordingly, disposed of.
6. Urgent certified copy of this order be granted on proper application.
( Dr. S.K. Panigrahi) Judge B.Jhankar Page 3 of 3