R.M.Borde, J.

1. Rule. Rule made returnable forthwith and heard finally by consent of learned Counsel for respective parties.

2. The petitioner – Maharashtra Public Service Commission is taking exception to the decision rendered by the Maharashtra Administrative Tribunal, Bench at Aurangabad, in Original Application No.769/2011, decided on 13.12.2011. The Tribunal, while allowing the Original Application tendered by Respondent No.1 herein, granted a declaration that Respondent No. 1 has achieved the benchmark for general category prescribed by the Commission for holding him eligible to appear for the interview.

3. The Maharashtra Public Service Commission undertook selection process for filling up 74 vacancies of the post of Education Officer in State services. The Commission conducted screening test of the candidates and results were declared on 17.07.2011. The Commission published first answer key soliciting objections from the candidates and after receiving objections and on consideration of same with the assistance of experts in the field, published a revised answer key. The performance of candidates, appearing at the examination, was evaluated as per the revised an