JUDGMENT

Dr. Mukundakam Sharma, J. —

1. Leave granted.

2. The present appeal is filed against the judgment and order dated 08.12.2009 passed by the Orissa High Court at Cuttack whereby the High Court allowed the appeal filed by the Respondent No. 1 herein and ordered for rounding off of the aggregate marks of the respondent from 44.93% to 45% along with two other candidates but not parties before the Court and held her eligible to appear in the interview as per Rule 24 of the Orissa Superior Judicial Service and Orissa Judicial Service Rules, 2007 [for short “the Rules”].

3. The facts leading to the filing of the present case are that the Orissa Public Service Commission [in short “the OPSC”] published an advertisement inviting applications from suitable candidates for the Orissa Judicial Service Examination, 2009 for direct recruitment to fill up 77 posts of Civil Judges (J.D), pursuant to which, the respondent No. 1 applied for the said post. She appeared in the Preliminary Written Examination held on 15.05.2009. Being successful in the Preliminary Written Examination, she appeared in the Main Written Examination which was held from 15-18.07.2009. The list of successful candidate