- (1.) 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 short, "the Commission") issued an advertisement dated 25th July, 2006 inviting applications for admission to the Arunachal Pradesh Public Service Combined Competitive Examination (Preliminary) 2006-07 for recruitment to Group-A and Group-B posts under the Government of Arunachal Pradesh. A decision was taken by the Commission on 13th June, 2007 fixing a minimum cut-off marks at 40% in English as qualifying marks or as would be decided by the Commission in every written examination for recruitment to the posts and a notification to that effect was issued on 2nd July, 2007. The Main Examination commenced on 26th December, 2007 and the Commission vide its Notification dated 11th July, 2008 published a list of candidates who had qualified in General English by securing 40% marks. However, prior to the completion of the Main Examination, an Office Memorandum dated 7th January, 2008 (in short, "the O.M.") had been issued by the State Government declaring the cut-off marks as 33% or more for all subjects in each written examination.;