SC says OBC creamy layer verdict not retrospective

The Supreme Court on Friday (6 November 2026) clarified that its March 11 judgment on OBC creamy layer policy will not apply retrospectively. The judgment, which said OBC candidates cannot be excluded from reservation based solely on parental salary income, will not lead to reopening of appointments already made.

The court, however, rejected the government's plea for a two-year deferment of the judgment's implementation. It said the judgment will govern service allocation under the 2025 civil services examination, as the process was ongoing when the judgment was pronounced.

The March judgment gives the government six months to implement it. It has directed the Department of Personnel and Training to create supernumerary posts to accommodate eligible OBC non-creamy layer candidates denied service allocations due to improper creamy layer classification.