HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU WP (C) No. 2533/2025 CAV No. 1728/2025 J & K Public Service Commission .....Applicant(s)/Petitioner(s) Through :- Mr. F.A. Natnoo, Advocate v/s Akshey R Gupta and Anr. .....Respondent(s) Through :- Mr. Pranav Kohli, Sr. Advocate with Mr.Arun Dev Singh, Advocate CORAM: HON’BLE MR. JUSTICE SANJEEV KUMAR, JUDGE HON’BLE MR. JUSTICE SANJAY PARIHAR, JUDGE ORDER 16.09.2025 1. Impugned in this petition, filed under Article 226 of the Constitution of India by the J & K Public Service Commission, is an order and judgment dated 09.04.2025, passed by the Central Administrative Tribunal, Jammu Bench, Jammu [“the Tribunal”] in OA No. 523/2023 titled “Akshey R. Gupta vs. UT of J & K and others”, whereby the Tribunal has, while allowing the OA filed by the respondent, directed the petitioner-Commission to give the benefit of rounding off of 0.38% to the respondent and treat him as having met the minimum benchmark of 40%. 2. The issue which has been raised in this petition by the J & K Public Service Commission has already been dealt with and set at rest by this Court in WP (C) No. 2408/2025 titled “J & K Public Service Commission vs. Vasudha Katoch and others” on 02.09.2025, Sr. No. 70 2 wherein placing reliance on a Division Bench judgment of this Court in “J & K Public Service Commission vs. Shaawaz Umer Khan and Ors. (2017) 2 JKJ 292” and a judgment of the Hon’ble Supreme Court in “Orissa Public Service Commission and Anr. Vs. Rupashree Chowdhary and Anr. (2011) 8 SCC 108”, it has been concluded that rounding up of minimum marks fixed as a benchmark for selection or appointment is permissible only if the rules permit so and not otherwise. 3. In view of the legal position, having been categorically settled, we are inclined to allow this petition and set aside the impugned judgment dated 09.04.2025, passed by the Tribunal. 4. Ordered accordingly. (Sanjay Parihar) (Sanjeev Kumar) Judge Judge JAMMU 16.09.2025 Manik