NIDARSINI RATH Vs. STATE OF ODISHA

JUDGEMENT

(1.) THE writ petitioner, a contender for the post of Civil Judge in the Orissa Judicial Service seeks judicial intervention for a direction to permit her to appear in the interview of the OJS Examination, 2009 and be declared successful for eventual appointment.

(2.) BRIEFLY stated, her pleaded case is that she is a practicing advocate in the court of Additional Sessions Judge, Nabarangpur in the district of Nabarangpur. She offered her candidature in response to the Advertisement No. 10 of 2008 -09 issued by the Orissa Public Service Commission (for short 'Commission') for recruitment to 77 posts of Civil Judge in the Judicial Service. On being successful in the preliminary written examination, she appeared in the main examination, but in the results thereof published on 25th August, 2009, her name did not find place in the list of successful candidates. According to her, after receipt of mark sheet from the Commission, she came to know that she did not qualify in the main examination to be called for the interview. From the mark sheet, she came to learn that she had secured 47.73 % i.e. 358 marks out of 750 in the aggregate, but had been granted 47 marks i.e. 31.33% marks out of 150, in English paper i.e. 31.33%, whereas as per the Rule, she has to secure 33% of marks in each subject. She has contended that she having secured above 45% of marks in the aggregate, she could not have been disqualified for the interview. She sought to invoke the writ jurisdiction of this Court for securing the aforementioned reliefs.

(3.) MR . Panda has insisted that the writ petitioner having secured above 45% of marks in aggregate, the Commission could not have adjudged the petitioner to be ineligible for not securing 33% of marks in English paper only.