The Odisha Public Service Commission office
Cuttack, Dec. 26: Orissa High Court completed hearing on the legality of the State Administrative Tribunal's order, which had quashed the Odisha Civil Service (Preliminary) Examination - 2011 results and directed the Odisha Public Service Commission (OPSC) to prepare a fresh selection list within two months after eliminating faulty questions and negative marking.
The commission had challenged the SAT order. The division bench of Justice Pradip Mohanty and Justice Biswajit Mohanty closed hearing on its plea on Wednesday and reserved the order.
On September 3, the court had issued a stay on the tribunal's order and allowed conducting of the Main test, but specified that it 'will conduct the Main examination but not proceed with the evaluation of answer scripts but keep them in sealed cover until further orders'.
Consequently, main examination had been held from September 6 to 30, and 5,320 candidates took the test. But, the evaluation has not been undertaken.
The court had started hearing on the commission's plea on October 29.
The OCS (Preliminary) Exam - 2011 was held on January 19. Nearly, 35,200 candidates took the test. But, 5,823 candidates were declared qualified on May 2 to take the Main test.
The tribunal quashed the OCS (Preliminary) Exam - 2011 result on petitions filed by one Priyambada Das and seven other candidates, who had failed to qualify for the Main exam. They challenged the Preliminary exam result claiming it to be skewed as grace marks had been given in 18 of the 26 optional subjects.
The commission has taken the plea before the high court that implementation of the tribunal order would cause irreparable loss and also affect larger interest of the candidates. Besides, a single judge bench of the tribunal had no jurisdiction to give a verdict on the matter.
Priyambada's counsel has opposed the commission's plea on the ground that the result containing grace marks in a competitive exam is 'illegal' and 'discriminatory' as 'merit is the main criteria not grace, extra mark or excess mark'. Besides, 'giving extra marks on different subjects in wrong questions is not within the domain of the commission'.
The tribunal's acting chairman S.N. Dash, in his August 26 order, said: 'Any provision of grace marks for candidates is anathema to the case of a competitive examination where best candidates out of the lot are to be selected. In view of above, I quash consequential action taken on that basis and direct the commission to calculate marks of candidates by eliminating the faulty questions and negative marking and the marks be prorated to full marks as elucidated above. They may then prepare select list of candidates on that basis for appearing at the Main examination. This may be done within a period of two months.'





