SC to Consider Special Bench on OBC Creamy Layer for CSE

NEW DELHI — The Supreme Court on Tuesday, August 25, 2026, agreed to consider constituting a special bench to examine an application filed by the Central Government seeking clarity on the implementation of the apex court’s March 11 ruling on Other Backward Classes (OBC) creamy-layer criteria for the Civil Services Examination (CSE) 2025.

The matter was mentioned for urgent listing before a three-judge Bench presided over by Chief Justice of India Surya Kant, along with Justices Joymalya Bagchi and V. Mohana. Solicitor General Tushar Mehta, appearing for the Department of Personnel and Training (DoPT), submitted that the Centre urgently requires directions to finalize service allocations for 958 candidates recommended by the Union Public Service Commission (UPSC).

The Solicitor General informed the court that DoPT had filed a miscellaneous application in a disposed-of matter. He submitted that applying the new interpretation of the creamy-layer income test established in the March 11 judgment to examination cycles that had already commenced under earlier rules could disrupt the recruitment cycle and trigger widespread administrative confusion. The Centre is seeking permission to complete the allocation process for CSE 2025 based on the creamy-layer norms that were in force when the examination notification was published.

The March 11 judgment, which clarified how parental income and professional designations are computed to determine creamy-layer exclusion, was delivered by a bench headed by Justice P.S. Narasimha. Because the judges of that bench are currently sitting in different combinations, Mr. Mehta requested the constitution of a dedicated bench.

In response, Chief Justice Surya Kant stated that a special bench would have to be constituted and indicated that he would consult with the judges concerned before taking a final administrative decision on scheduling the hearing.

The outcome of the proceedings is expected to determine whether recent judicial interpretations of reservation eligibility apply retrospectively to concluded exams or prospectively to future recruitment cycles.