Cuttack, Aug. 20: The Odisha Public Service Commission (OPSC) today withdrew its appeal petition from Orissa High Court against a single judge bench order invalidating the Odisha Judicial Service (Preliminary) Examination, 2015, in which 24 of the 100 questions had been found incorrect.

The division bench of Chief Justice D.H. Waghela and Justice Biswanath Rath today asked the OPSC to withdraw the petition while taking serious note of the manner in which the examination had been conducted.

The OJS (Preliminary) Examination - 2015 was held on May 31 and 1,879 candidates had taken the test. On July 28, the single judge bench of Justice B.R. Sarangi had directed the OPSC to conduct fresh preliminary examination within six weeks. The OJS 2015 competitive examination is being held to recruit civil judges to fill up 69 vacant posts.

The OPSC filed the appeal petition stating that they wanted to publish the result of preliminary written examination by awarding pro-rata marks as it is not possible to conduct fresh examination. Pro-rata means to award marks for the 24 incorrect questions on the basis of marks secured by a candidate for the rest 76 questions. But, the division bench chided the OPSC for failing to discharge its duty. "We have withdrawn the appeal petition after the high court had directed us to do so or else dismiss it," OPSC counsel Pradipta Mohanty said.

In the July 28 order, Justice Sarangi had observed: "The OPSC has shown undue haste by committing errors in setting up the questions for the preliminary written exam causing hardships to the candidates."

"In the interest of justice, equity and fair play, the court cannot allow injustice to be caused to the candidates by allowing the OPSC to award marks on pro-rata basis, rather it would be equitable if fresh preliminary written examination is conducted," Justice Sarangi had ruled.

"Considering the situation, this court is of the considered view that instead of awarding marks on pro-rata basis, fresh preliminary written examination to Odisha Judicial Service, 2015 should be conducted to eradicate all the lapses at the threshold," Justice Sarangi further ruled.

The test had come under judicial scrutiny after 19 applicants had filed a petition alleging that 15 out of 100 questions were wrong.

An expert committee, formed by the OPSC, for assessing the correctness of questions and answers following the allegation had opined that 24 of the 100 questions were incorrect and recommended to award marks on pro-rata basis for the 24 wrong questions.