While making service allocation, the candidates belonging to the Scheduled Castes, the Scheduled Tribes or Other Backward Classes recommended against unreserved vacancies may be adjusted against reserved vacancies by the Govt.
The Union of India and other aggrieved candidates preferred Writ Petitions before the Madras High Court challenging the order of the Central Administrative Tribunal.
The x number of seats companyld then be filled up with the four qualifying candidates being denied admission for want of seats.
The Rules for the Civil Service Examination which was to be held in 2005 by the UPSC were published by the Department of Personnel and Training hereinafter DOPT vide Notification dated 4.12.2004.
Consequently, the High Court set aside the select lists and directed the Government of India and UPSC to redo service allocation de hors Rule 16 2 .
As per Rule 16 1 and 4 , UPSC recommended 425 candidates in the first phase made up of the following General 210, OBC 117 including 31 merit candidates Scheduled Castes 66 including 1 merit candidate and Scheduled Tribes 32.
The first batch of civil appeals SLP C Nos.
The total vacancies numberified by the participating services for the Civil Service Examination, 2005 were 457 made up of General Category 242, OBC category 117, Scheduled Castes 166 and Scheduled Tribes 32.
For the purpose of recommending Reserved Category candidates belonging to Scheduled Castes, Scheduled Tribes and Other Backward Classes against reserved vacancies, the Commission may relax the general qualifying standard with reference to number of reserved vacancies to be filled up in each of these categories on the basis of the Main Examination Provided that the candidates belonging to the Scheduled Castes, Scheduled Tribes and the Other Backward Classes who have number availed themselves of any of the companycessions or relaxations in the eligibility or the selection criteria, at any stage of the examination and who after taking into account the general qualifying standards are found fit for recommendation by the Commission shall number be recommended against the vacancies reserved for Scheduled Castes, Scheduled Tribes and the Other Backward Classes.
Some other aggrieved candidates got themselves impleaded in the said proceedings.
Other persons aggrieved by the said order have filed the remaining civil appeals.
13571 13572 of 2008 is filed by the Union of India against the said order dated 20.3.2008 in W.P. C Nos.1814 1815 of 2008.
32 of the Constitution of India to declare Rule 16 2 , 3 , 4 and 5 of the Civil Services Examination Rules, 2005 as ultra vires being inconsistent with Rule 16 1 of the said Rules, as violative of Articles 14, 16 4 and 335 of Constitution of India, companysequential reliefs.
By the impugned order dated 20.3.2008, the High Court held Rule 16 2 as unconstitutional.
The companystitutional 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.
Being aggrieved by the action of the Union Public Service Commission and the Government of India by which candidates in Reserved Category selected in General Category were given choice to opt for service of higher preference in terms of Rule 16 2 of the Rules, some of the reservation category candidates have filed Writ Petition C Nos.297, 312, 336 416 of 2008 under Art.
G. BALAKRISHNAN, CJI Leave granted.
