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5. Thus, at the outset, on a close scrutiny of the Rules, 2016, it appears that after receiving the vacancy position which shall duly intimated by the administrative department to the OPSC, the OPSC is duty bound to conduct the recruitment test strictly in terms of the Rules, 2016. It has // 6 // been highlighted from the side of the Petitioners that there exists no provision in the rules which requires that a draft copy of advertisement is to be issued by the Home Department mentioning separate procedure other than the procedure prescribed in the Rules, 2016 and that clarification on such rules falls within the sole domain of the G.A. Department as per Rule-23. On further scrutiny of the aforesaid Rules, 2016, it appears that Rule-6(5) provides that the scheme for such for the written examination shall be as specified in the schedule appended to the Rules, 2016. On a close scrutiny of the schedule attached to the rules, it is further revealed that the same specifies the mode in which the examination is to be conducted including the subjects for the exam as well as the marks. The schedule further provides that the question in the subjects in written test shall be in the format of multiple choice questions (MCQ) carrying equal mark. The subjects which have been prescribed in the schedule are (1) General Awareness 100 marks (Test of // 7 // Reasoning & Mental ability 50 Marks, Mathematics (10th Standard Level) 50 Marks; (2) English 100 Marks; (3) Odia 100 Marks. For each correct answer the candidate would get one mark whereas for each wrong answer, 0.25 marks shall be deducted from the marks awarded for correct answers.

Provided that if two or more candidates have secured equal number of marks in the aggregate, their order of merit shall be in the order of the marks secured by the candidates in the written examination and if the candidates have secured equal marks in the written examination then order of merit shall be as per their date of birth and if in case the date of birth is also the same then the candidate possessing higher educational qualifications will be placed higher in the merit list.
(2) The Commission while drawing the list of selected candidates shall restrict the select list of candidates to the extent of declared number of vacancies.
17. The Chief Justice or any of the other Judges of the High Court nominated by the Chief Justice shall represent the High Court and be present at the viva voce test and advise the Commission on the fitness of candidates at the viva voce test from the point of view of their possession of the special qualities required in the judicial service, but shall not be responsible for selection of candidates.
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18. The marks obtained at the viva voce test shall be added to the marks obtained in the written examination. The names of candidates will then be arranged by the Commission in order of merit. If two or more candidates obtain equal marks in the aggregate, the order shall be determined in accordance with the marks, secured at the written examination. Should the marks secured at the written examination of the candidate concerned be also equal, then the order shall be decided in accordance with the total number of marks obtained in the optional papers.

Application (practical) NOTE:

1 Except the Skill Test in Computer Application (Practical), the questions in all other subjects shall be of multiple choice type and all questions will carry equal marks i.e. 01.
2 For each wrong answer 0.25 marks shall be deducted from the marks awarded for correct answers.
3 The candidates shall answer the questions in English except Odia language paper or otherwise specified in the question paper itself. 4 Only those candidates who have been shortlisted after the Written Test shall be called for Skill Test in Computer by the Commission which shall be of qualifying nature.