Supreme Court Upholds OBC Non-Creamy Layer Status
Mumbai, November 13: The Supreme Court has reaffirmed its earlier decision regarding the OBC non-creamy layer status, confirming the ruling made on March 11, 2026. The court stated that the status cannot be determined solely based on the salary of parents or family agricultural income.
The central government had sought clarification from the Supreme Court on the OBC creamy layer status and requested a review of appointments made before March 11, particularly for positions filled through the UPSC.
1993 Office Memorandum Reaffirmed
The court also upheld the 1993 Office Memorandum, which outlines how to calculate the creamy layer status based on income and property. This memorandum was issued by the Department of Personnel and Training (DoPT) on September 8, 1993.
The Supreme Court’s decision aims to clarify how the March 11 ruling will apply to OBC candidates selected through the Civil Services Exam (CSE).
Details of the March 11 Ruling
The bench, comprising Justice Narasimha and Justice Mahadevan, heard the central government’s appeal against lower court decisions favoring OBC candidates outside the creamy layer. The bench emphasized that family income, property, and agricultural status should not be considered when determining the non-creamy layer status.
This ruling addresses long-standing confusion regarding how to calculate the creamy layer status for OBC candidates seeking reservations.
Clarification on Candidate Selection
The Supreme Court clarified that the selection process for OBC-NCL candidates based on parental salary is invalid. The court analyzed the 1993 Office Memorandum and indicated that the 2004 memorandum does not introduce any new provisions.
No Rejection of Previous Appointments
The central government argued that the March ruling could potentially reopen completed selection processes, appointments, promotions, and seniority. However, the Supreme Court stated that there is no need to revisit these processes already completed under the March ruling.
The court specified that the rights of candidates who have appealed or intervened in this matter should be determined, and that the 1993 Office Memorandum must be followed in all selections and appointments made after March regarding OBC reservations and the creamy layer.
