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 reser