JUDGMENT

K.G. Balakrishnan, CJI.

1.Leave granted.

2.The constitutional validity of sub-rules (2) to (5) of Rule 16 of the Civil Service Examination Rules (hereinafter ‘Rules’) relating to civil services examinations held by the Union Public Service Commission in the years 2005 to 2007 is the subject-matter of these appeals by special leave. A three Judge Bench of this Court, by order dated 14.5.2009 has referred these cases to the Constitution Bench as it raises an important legal question as to whether candidates belonging to reserved category, who get recommended against general/unreserved vacancies on account of their merit (without the benefit of any relaxation/concession), can opt for a higher choice of service earmarked for Reserved Category and thereby migrate to reservation category.

3.Selection to three All India Services (Indian Administrative Service, Indian Foreign Service and Indian Police Service) and fifteen Group ‘A’ Services and three Group ‘B’ officers in various Government departments are made by the Union Public Service Commission (hereinafter ‘UPSC’), by conducting Civil Service Examinations periodically. Civil Service Examinations are held as per the Civil Service