JUDGMENT

M.Y.Eqbal, J.:-Leave granted.

2. This appeal is directed against the judgment and order dated 7th January, 2009 passed by a Division Bench of the Gauhati High Court on a reference made to it by the Hon’ble Chief Justice pursuant to the order dated 19th November, 2008 of a learned Single Judge to answer the question as to whether the Office Memorandum dated 7th January, 2008 issued by the Government of Arunachal Pradesh and adopted by the Arunachal Pradesh Public Service Commission on 16th April, 2008 prescribing cut-off marks of 33% or more to be secured in each written examination papers in the Arunachal Pradesh Public Service Combined Competitive Examination (Main) 2006-07 (in short, “the Main Examination”) conducted by the Arunachal Pradesh Public Service Commission for recruitment into various posts in Grade-A and Grade- B under the Government of Arunachal Pradesh, is permissible after commencement of the recruitment process and applicable to the candidates who already took the Main Examination initiated in pursuance of the advertisement dated 25th July, 2006 for such recruitment.

3. The facts of the case are that the Arunchal Pradesh Public Service Commission (in shor