The Supreme Court clarified that its March 11 decision regarding OBC creamy layer criteria will not invalidate past recruitment, promotions, or seniority lists. The Centre warned that retrospective enforcement could unravel over 5.69 lakh reserved appointments made between 2016 and 2025 under an August 1993 memorandum. Consequently, authorities will protect concluded personnel processes while applying the ruling to pending disputes on a case-by-case basis. The judgment maintained that parental salary alone cannot be used to determine an individual's creamy layer status.
Key points
Concluded public sector recruitments, university admissions, and promotions will remain p…: Concluded public sector recruitments, university admissions, and promotions will remain protected from retrospective challenges under the new ruling.
Ongoing and pending legal challenges regarding creamy layer status must be adjudicated in…: Ongoing and pending legal challenges regarding creamy layer status must be adjudicated individually based on each candidate's eligibility and merits.
Parental salary and agricultural income cannot serve as the sole determinant for placing…: Parental salary and agricultural income cannot serve as the sole determinant for placing an OBC candidate within the creamy layer.
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The government has maintained that it is not challenging or seeking a review of the March 11 judgment.
NEW DELHI: The Supreme Court on Friday clarified that its March 11 ruling on determining the creamy layer status of Other Backward Class (OBC) candidates would not reopen completed appointments, promotions or seniority positions.The top court said cases that are still pending would be examined individually by the courts, based on their merits and the candidates' eligibility.A bench of Justice Pamidighantam Sri Narasimha and Justice R Mahadevan delivered the ruling while hearing an application filed by the Centre seeking clarity on how the March 11 judgment should be implemented. The Court also extended the deadline for compliance with its earlier directions by eight weeks.The clarification comes after the Centre raised concerns that applying the March 11 ruling retrospectively could unsettle years of government recruitments, service allocations and admissions to educational institutions.
Centre flags concerns over past recruitments
In its application, the government argued that applying the revised interpretation to past cases could affect appointments and admissions made under the rules and eligibility…
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