The Supreme Court is weighing the formation of a special bench to address the government's plea regarding OBC creamy-layer rules for the 2025 Civil Services Examination. The Centre seeks to finalize service allocation for 958 candidates based on pre-judgment criteria, citing concerns over administrative delays and fairness. The Court's decision will determine how the March 2026 judgment affects the current recruitment process.
On August 25, 2026, the Supreme Court of India agreed to consider the formation of a special bench to address a government plea regarding the application of OBC creamy-layer criteria for the 2025 Civil Services Examination. The matter involves the Department of Personnel and Training’s (DoPT) request to allocate services to 958 candidates recommended by the Union Public Service Commission (UPSC).
The government is seeking permission to proceed with the selection process using the administrative guidelines that were in effect before the Supreme Court's March 11, 2026, judgment. This judgment, delivered in the *Union of India versus Rohith Nathan* case, had clarified that a 2004 letter could not override the 1993 Office Memorandum regarding how the creamy-layer status is identified. Specifically, the Court ruled that parental salary or income from a public sector or private company cannot be the sole factor for determining one's status; the post and employment sector must also be considered.
The Centre argues that applying this judgment retroactively to the 2025 examination process, which was already at an advanced stage, could cause significant complications. The government contends that candidates applied and participated based on the prevailing administrative understanding at the time. Retrospectively changing the criteria could lead to unfair treatment of candidates and might necessitate a complete reopening of the examination process. Furthermore, the government has expressed concern that any delay in service allocation would disrupt the foundation course training at the Lal Bahadur Shastri National Academy of Administration in Mussoorie, potentially affecting cadre allocation, seniority, and pay fixation for the batch.
Chief Justice Surya Kant noted that he would consult with the concerned judges to constitute the special bench needed to hear this matter. This step is necessary because the judges who delivered the original March 11 judgment now preside over different benches. The constitution of this special bench is the immediate next step, and its decision will provide the necessary legal clarity for the government to finalize the service allocation for the 958 candidates involved.