Centre asks Supreme Court to exempt CSE 2025, 2026 from new OBC creamy layer rule
The Union government has filed applications in the Supreme Court seeking to exempt the 2025 and 2026 Civil Services Examinations (CSE) from the retrospective application of its March judgment on determining the creamy layer among Other Backward Classes (OBCs). The government has requested that these examination processes continue under the earlier interpretation of the creamy layer criteria, and has asked the court to clarify whether the judgment applies retrospectively.
The applications, moved through the Department of Personnel and Training, argue that applying the judgment retrospectively would affect lakhs of OBC recruitments and admissions already completed under the previous understanding of the creamy layer rules. This includes appointments made by Union ministries, State government departments, and higher educational institutions across the country.
The matter stems from the Supreme Court's judgment delivered on March 11 in the case of Rohith Nathan and related petitions. These petitions were filed by OBC candidates from Civil Services Examinations who were excluded from the non-creamy layer category because their parents worked in public sector undertakings (PSUs), where equivalence with government posts had not yet been established. The court ruled that the income/wealth test alone should not determine creamy layer status; it must be read alongside the status of the post held by the candidate's parents. The court also directed the government to create supernumerary posts for affected candidates and to revise the creamy layer criteria accordingly.
In its applications, the government has informed the court that establishing equivalence of posts—essential to the creamy layer exclusion—could take up to two years. This is because of the large number of State public institutions and the need for consultations with each State and Union Territory government. For the private sector, the government said the process would take 'considerable time'. It also expressed concern that implementing the judgment as it stands might lead to scenarios where even OBC candidates whose parents earn over ₹1 crore annually would be considered part of the non-creamy layer, potentially affecting the rights of resource-deprived candidates.
The government further argued that retrospective application of the judgment would have 'far-reaching consequences' for over 3.7 lakh OBC recruitments in Central government posts since 2016, as well as for recruitments and examinations in 18 States and Union Territories. It noted that major exam bodies and employers such as Railways, Banks, the Department of Posts, and paramilitary forces could be overwhelmed with representations and litigation. The higher education sector might also face challenges, with previously rejected candidates seeking fresh consideration under the new criteria.
The Centre warned that applying the judgment to past selections could trigger a cascade of litigation, not only in Civil Services Examinations but across all government recruitment where the earlier creamy layer interpretation was applied. It has asked the Supreme Court to clarify the judgment's temporal scope and to allow the 2025 and 2026 CSE processes to continue under the existing rules.
The Supreme Court is yet to schedule a hearing on these applications. The judgment itself was aimed at ensuring that the creamy layer test reflects the social and economic status of candidates in a more contextual manner, but its implementation has raised complex administrative and legal questions.
