SC may form special bench on OBC creamy layer for CSE 2025

The Supreme Court on Tuesday agreed to consider setting up a special bench to hear the Centre's plea seeking clarity on applying its March 11 judgment on OBC creamy-layer criteria to the Civil Services Examination (CSE) 2025. The Department of Personnel and Training (DoPT) has asked to proceed with service allocation for 958 candidates recommended by the UPSC, based on the creamy-layer rules in force before the verdict. Solicitor General Tushar Mehta told a bench led by Chief Justice Surya Kant that the matter required hearing by the original judges, who now sit on separate benches. The CJI said he would consult the judges to constitute a special bench.

The March 11 judgment in Union of India vs Rohith Nathan held that a 2004 clarification could not override the 1993 office memorandum on creamy-layer identification, and that parental salary alone from PSU or private sector jobs could not determine creamy-layer status. The Centre argues that applying this ruling retrospectively to CSE 2025 would create unequal treatment among candidates who applied under earlier rules, and could delay training and cadre allocation for the batch whose foundation course is scheduled for late August. The Centre has invoked prospective overruling, saying it seeks clarity, not to dilute the verdict.