Parental income not sole creamy layer test: SC – Read

New Delhi, Nov 7:

The Supreme Court has reiterated that parental salary or income alone cannot be the sole yardstick to determine whether a candidate falls within the ‘creamy layer’ to be excluded from Other Backward Classes (OBC) reservation benefits.

Dismissing review petitions filed by the Centre, a bench comprising Justices B.S. Narasimha and R. Mahadevan reaffirmed its landmark March 11, 2026 judgment. The court extended the deadline for the Union government to implement the revised framework by an additional eight weeks, ordering that allocation of services for 958 candidates recommended in the Civil Services Examination 2025 be carried out under the updated guidelines.

The bench held that denying OBC quota benefits to children of employees in Public Sector Undertakings (PSUs) and the private sector based purely on income, while evaluating children of government servants through occupational status and pay scales, amounts to “hostile discrimination” and violates the constitutional right to equality. The court emphasized that the social status, post equivalent, and nature of the parents’ employment must serve as primary parameters rather than raw salary metrics alone. However, the bench clarified that past finalized examinations, appointments, and seniority rosters will remain unaffected.

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