JYOTSNA RANI TRIPATHY Vs. STATE OF ORISSA

JUDGEMENT

(1.) The petitioner in this writ petition has sought for quashing the marks obtained by her in 'Law of Contract' papers and issuing a direction to the opposite party No. 2 to issue a fresh mark sheet to her by taking into account the original marks awarded to her in the said paper which, according to her, is 86. Facts of the case reveal that the petitioner pursuant to the advertisement under Annexure-1 published by the Odisha Public Service Commission (hereinafter referred to as 'O.P.S.C.') made an application to appear in the competitive examination consisting of three parts, viz. Preliminary Written Examination, Main Written Examination and Interview to be conducted by the O.P.S.C. under the provisions of the Odisha Superior Judicial Service and Odisha Judicial Service Rules, 2007 (as amended from time to time) for recruitment to 55 posts of Civil Judges in Odisha Judicial Service under Law Department by direct recruitment in the Pay Scale of Rs. 27,700-770-33,090-920-40,450-1080-44,770/- with usual Dearness Allowances and other allowances as sanctioned by the Government of Odisha from time to time.

(2.) The petitioner being successful in the Preliminary Written Examination sat for the main Written Examination, which was conducted from 4.8.2012 to 8.8.2012. The list of successful candidates, who were eligible for interview, was published on 1.10.2012, but the name of the petitioner did not find place in the said list. Immediately after publication of the result of the main Written Examination, the petitioner applied for her marks obtained in the said examination and the said mark sheet was supplied to her on 24.11.2012, which has been annexed as Annexure-2 to the writ petition. After receiving the same, the petitioner came to know that she has secured 337 marks out of 750 marks, i.e. 44.93% of marks in aggregate and not less than minimum of 33% marks in each subject.

(3.) As per Rule 24 of the Rules, the candidates who have secured not less than 45% of aggregate marks and not less than minimum of 33% of marks in each paper in the main written examination were to be called for viva-voce test. Since the petitioner secured 44.93% of marks in aggregate though she secured much more than 33% of marks in each of the papers, she was not called for the viva-voce test. As per the notice dated 19.7.2012 issued by the O.P.S.C., the petitioner applied for photocopies of the answer scripts of ail the papers, which were obtained and have been annexed as Annexure-3 series to the writ petition.