सरकार ने OBC क्रीमी लेयर नियम के लागू होने के लिए दो‑साल की अवधि की माँग की

IndiaCentre seeks two-year window to implement SC ruling on OBC creamy layer, avoid recruitment disruption

The government tells the Supreme Court that immediate application of the March 11 judgment could unsettle past appointments, seniority and cadre allocation of candidates.

The Supreme Court on Thursday agreed to examine the Centre's plea seeking prospective application of its March 11 judgment holding that the salary or income of a parent employed in a public sector undertaking (PSU) or the private sector cannot, by itself, be treated as the determinative criterion for excluding a candidate from the Other Backward Classes (OBC) creamy layer, reported PTI.

According to the report, the Centre, represented by Additional Solicitor General Aishwarya Bhati, urged a bench comprising Chief Justice of India Surya Kant and Justices Joymalya Bagchi and V Mohana to give the judgment prospective effect and allow a two-year window for implementing the law laid down by the court.

The government said the additional time was necessary to prevent disruption to past and ongoing recruitment processes and avoid what it described as harsh and unintended consequences for employees and appointees who were not parties to the litigation.

The bench took note of Bhati's submission that several high courts had entertained petitions concerning the March 11 judgment.

The Centre has sought the transfer of cases pending before various high courts to the Supreme Court or a single high court, she said.

In its plea, the government has sought a "limited prospective overruling" of the judgment in Union of India vs Rohith Nathan, arguing that immediate application of the ruling to past and ongoing recruitment processes could unsettle the seniority, cadre allocation and appointments of candidates who were not parties to the case.

"It is submitted that this court has power under Article 142 of the Constitution to declare its judgment prospective. If the judgment is not given a prospective effect, it will entail several harsh and unjust unintended consequences on employees or appointees who were not even parties to the litigation and complete administrative chaos," the Centre said, the report added.

"It is, therefore, prayed that the judgment dated March 11, 2026, be given a prospective effect so that ongoing and past recruitment processes are not affected," it said.

The Centre clarified that it was not seeking to dilute the March 11 judgment, but wanted its operationalisation deferred by two years to allow the government to adjust competing rights, address administrative contingencies and undertake what it called an "effective equivalence exercise".

In its March 11 ruling, the apex court held that the salary or income of a parent employed in a PSU or the private sector could not by itself determine whether an OBC candidate fell within the creamy layer.

The court said the status and category of the parent's post, along with the prescribed income or wealth test, had to be considered in accordance with the 1993 office memorandum.

The Centre's latest plea comes after another bench of the Supreme Court on September 1 agreed to consider the government's plea seeking clarification on the applicability of the March 11 ruling to candidates appearing in the Civil Services Examination (CSE) 2025. That bench was headed by Justice P S Narasimha, who had authored the March 11 judgment.

(With inputs from PTI)

The New Indian Express

www.newindianexpress.com

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