OBC Creamy Layer Row: Centre Awaits SC Directions on Service Allocation for 958 UPSC Candidates

The Centre is awaiting Supreme Court directions on the implementation of its ruling on Other Backward Classes (OBC) creamy layer criteria, delaying service allocation for 958 candidates recommended in the Civil Services Examination (CSE) 2025.

The Department of Personnel and Training (DoPT) has sought clarification on whether it can proceed with service allocation using the criteria applied before the Supreme Court’s March 11 judgment in the Union of India vs Rohith Nathan case.

The court ruled that creamy layer status cannot be determined solely by parental income and that treating similarly placed private-sector and public sector undertaking employees differently from government employees could amount to discrimination.

The CSE 2025 results were declared on March 6, five days before the verdict, while service allocation remained pending. The DoPT filed a miscellaneous application before the apex court on August 24, seeking directions before proceeding with allocations that could be difficult to reverse.

The department has flagged potential consequences for recruitment, service seniority and OBC reservation policies. The ruling could affect past recruitments conducted by the Union Public Service Commission (UPSC), Staff Selection Commission (SSC), Railway Recruitment Boards (RRBs) and banking recruitment agencies, besides admissions to higher educational institutions.

Retrospective implementation could trigger demands for revised service allocation, cadre changes and seniority adjustments affecting officers already in service, potentially leading to further litigation. The Centre has examined recruitment data spanning 14 years of Civil Services examinations to assess the implications.

The DoPT and training institutes are reportedly ready to begin service allocation and the foundation course. Officials said the delay would not affect candidates’ seniority, gradation or other service conditions.

The Supreme Court had directed the creation of supernumerary posts to accommodate the respondents and intervenors in the case within six months. The Centre is awaiting further directions before proceeding with the allocation process.