ORISSA PUBLIC SERVICE COMMISSION & ANR. versus RUPASHREE CHOWDHARY & ANR.

ORISSA PUBLIC SERVICE COMMISSION & ANR. versus RUPASHREE CHOWDHARY & ANR.

No rounding off of marks is permitted under Rule 24 of the Orissa Superior Judicial Service and Orissa Judicial Service Rules, 2007, as its language is clear and unambiguous. Candidates must obtain at least 45% aggregate to qualify for viva-voce, and there is no statutory provision for rounding off or grace marks.

Parties
Appellant: Orissa Public Service Commission; Respondent: Rupashree Chowdhary
Jurisdiction
India
Judgment Date
02 August 2011
Procedural Posture
Civil Appeal / Appeal From Order (high Court Judgment Dated 08.12.2009)
Outcome
Appeal allowed; judgment and order of the High Court set aside.
Legal Topics
Minimum Qualifying Marks, Interpretation of Statutes, Rounding Off in Examination Results
Administrative Law Public Service Law Examination Law Minimum Qualifying Marks Interpretation of Statutes Rounding Off in Examination Results

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Parties

Orissa Public Service Commission

Appellant

Rupashree Chowdhary

Respondent

Procedural Posture

Civil Appeal / Appeal From Order (high Court Judgment Dated 08.12.2009)

Legal Issues

  1. 1 Whether Rule 24 of the Orissa Superior Judicial Service and Orissa Judicial Service Rules, 2007 permits rounding off of minimum qualifying marks for eligibility for viva-voce.
  2. 2 Whether the High Court correctly ordered rounding off of aggregate marks and allowed candidates who were not parties to the writ petition to be called for interview.

Ratio Decidendi

No rounding off of marks is permitted under Rule 24 of the Orissa Superior Judicial Service and Orissa Judicial Service Rules, 2007, as its language is clear and unambiguous. Candidates must obtain at least 45% aggregate to qualify for viva-voce, and there is no statutory provision for rounding off or grace marks.

Court Disposition

Appeal allowed; judgment and order of the High Court set aside.

Orders

  • The judgment and order of the High Court is set aside.
  • No rounding off of aggregate marks is permissible under Rule 24.