Supreme Court to Form Special Bench on OBC Creamy Layer: Will UPSC CSE 2025 Service Allocation Be Cleared

The Supreme Court of India has agreed to consider the constitution of a special bench to address a crucial legal and administrative plea filed by the Central Government. The petition seeks urgent clarification regarding the applicability of the apex court's March 11 verdict on the Other Backward Classes (OBC) creamy-layer criteria to candidates who cleared the Civil Services Examination (CSE) 2025. With service allocations currently hanging in the balance, thousands of aspirants and administrative bodies await a definitive judicial resolution.

DoPT Seeks Urgent Clarity for 958 UPSC CSE 2025 Candidates

The Department of Personnel and Training (DoPT) has moved the Supreme Court via a miscellaneous application, urging the government to be permitted to proceed with the service allocation process for 958 candidates recommended by the Union Public Service Commission (UPSC) for CSE-2025. The Centre's plea requests that service allocation be finalized based on the OBC creamy-layer determination rules that were actively in effect prior to the March 11 decision, ensuring that selected candidates do not face unexpected administrative hurdles.

During Tuesday's proceedings, Solicitor General Tushar Mehta, appearing for the Central Government before a bench comprising Justices Surya Kant, Joymalya Bagchi, and V. Mohana, emphasized the urgency of listing the matter before an appropriate bench. Senior advocate Sanjay Hegde, representing one of the petitioners, noted that the original order was passed by a bench comprising Justices P.S. Narasimha and R. Mahadevan. Acknowledging the procedural context, the Chief Justice stated that a special bench would be constituted soon after consultations.

The Core Legal Issue: Rohit Nathan Verdict and the 1993 Office Memorandum

The ongoing legal tangle stems from the landmark ruling in Union of India vs. Rohit Nathan. On March 11, the Supreme Court held that a clarification letter dated October 14, 2004, could not legally override the foundational Office Memorandum dated September 8, 1993, which originally defined the parameters for the OBC creamy-layer category.

Furthermore, the court ruled that the salary or income of parents employed in public or private sectors cannot serve as the sole exclusionary basis for determining creamy-layer status. According to the 1993 memorandum, authorities are mandated to evaluate comprehensive criteria, including position, occupational category, and property tests, collectively. As the special bench prepares to review the DoPT plea, clarity on these norms will directly pave the way for the pending service allocations of the 958 UPSC CSE 2025 qualifiers.