Judgment :-

K.G. Balakrishnan, CJI.

1) S.L.P.(C) Nos. 13571-13572 of 2008 are filed by the Union of India against the order dated 20.03.2008 passed by the High Court of Judicature at Madras in W.P. (C) Nos. 1814 & 1815 of 2008. Other aggrieved persons filed S.L.P. (C) Nos. 13297-13298, 13581 and 14834-14838 of 2008. Being aggrieved by the action of the Union Public Service Commission and the Government of India through which candidates in reserved category selected in unreserved category were given choice to opt for service of higher preference in terms of Rule 16(2) of the Civil Services Examination Rules, (hereinafter referred to as "CSE"), successful candidates filed Writ Petition (c) Nos. 297, 312, 336 & 416 of 2008 under Art. 32 of the Constitution of India to declare Rule 16(2),(3),(4) and (5) of the Civil Services Examination Rules, 2002 as ultra vires being inconsistent with Rule 16(1) of the said Rules as violative of Arts. 14, 16(4) and 335 of Constitution of India, consequently, quash the second provisional list released by Press Note dated 26.6.2008.

2) In Civil Services Examination 2005, in the first phase, UPSC recommended 425 candidates keeping the consolidated reserved list of 64 candidates as per Rule 16(4) and 16(5). As per Rule 16(2), out of 425 candidates, 31 OBC candidates and 1 SC candidate were selected on merit without availing any relaxation/concession. Out of above 31 OBC and 1 SC candidates, 26 OBC and 1 SC candidates were allocated service against the reserved vacancies as by this process they got a service of higher choice in the order of preference. If these 27 candidates were considered for service allocation against the general category and in competition with general candidates, they would have got the service of lower preference. Rule 16(2) enables candidate of any of the reserved categories to get a service of higher preference so that he is not placed at disadvantageous position vis-`-vis other candidates of his category.

3) Certain OBC candidates filed Original Application before the Central Administrative Tribunal, Madras Bench (CAT) challenging Rule 16(2). It was contended that adjustment of OBC merit candidates against OBC category was illegal. According to them, such candidates should be adjusted against the unreserved or general category. This would allow more OBC candidates to be recommended for posts and it would also allow the lower ranked OBC candidates a better choice of service.

4) The Tribunal, after interpreting amended Rule 16(2) and various judgments of this Court, concluded that OBC candidates who were selected on merit must be adjusted against the `general category. However, it ordered that Rule 16(2) may be applied in terms of decision of this Court in Anurag Patel vs. U.P. Public Service Commission & Ors., (2005) 9 SCC 742, to ensure that allocation of service is in accordance with rank-cum-preference with priority given to meritorious candidates for service allocation.

5) Challenging the order of the Central Administrative Tribunal, the Union of India and other aggrieved persons preferred Writ Petitions before the High Court of Judicature at Madras. Some got themselves impleaded in the said proceedings. By the impugned order dated 20.03.2008, the High Court held Rule 16(2) as unconstitutional. After holding so, the High Court set aside the select lists and directed the Government of India and UPSC to rework service allocation de hors Rule 16(2).

6) As per the final result of CSE-2005, out of 457 vacancies, 425 candidates were recommended for appointment which included 210 General, 117 OBC, 66 SC and 32 ST category. UPSC was maintaining a consolidated reserve list of 64 candidates which included 32 General, 31 OBC and 1 SC candidates ranking in order of merit below the last recommended candidate under respective category as per Rule 16(4) and (5) of the CSE Rules, 2005. Admittedly, 31 OBC category candidates selected in the General Merit List were not included in the