SOUMYA RANJAN PRUSTY Vs. ODISHA PUBLIC SERVICE COMMISSION

JUDGEMENT

(1.) Challenge has been made to the inappropriate action of the opposite parties in not selecting the petitioner in the competitive examination held for the Odisha Judicial Service Examination 2013- 2014.

(2.) The factual context as depicted is that the petitioner was a candidate for the Odisha Judicial Service Examination 2013-2014 bearing Roll No.3780. In the preliminary written examination he was selected but in the written test his name did not figure in the list called for viva voce test. While he unveiled the reasons for not getting his call for viva voce test, it was revealed that in the paper "Law of Property" he has not secured correct mark and consequently in the aggregate mark. In order to find out the reason of disqualification, he applied for Xerox answer scripts pursuant to the procedure adopted by the Odisha Public Service Commission (hereinafter called 'OPSC'). It is further asserted that on verification of the Xerox copy of the answer scripts he became astonished that he was awarded '0' mark against question No.12(b)(i) although his answer was correct.

(3.) It is stated that as per the Scheme of Examination he was required to secure not less than 45% of marks in aggregate and minimum 33% of marks in each paper in the Main written examination. From the website of the OPSC the petitioner came to know that his total mark is 336 purportedly falling short of two marks from the aggregate marks which evidently for wrong evaluation of his paper in "Law of Property". He is deprived of three marks in such paper for gross negligence, illegality in evaluating his answer script in the paper "Law of Property". Under Section-C Question No.12 (b) (i) is read as follows:-