The Supreme Court has clarified that its March verdict will not be applied retrospectively, and it will apply when allocating services to candidates selected through the 2025 civil services examination.
In a clarification on Friday, the Supreme Court stated that its March 11 verdict, which held that parental income alone cannot be used to determine whether a candidate belongs to the creamy layer of the Other Backward Classes (OBC) category, would not apply to past appointments and admissions. The court also noted that existing seniority and promotions would not be disturbed on the basis of the ruling, while cases pending before courts and other authorities would be decided on their own merits and entitlement.
The March order will only apply to candidates who were parties to the proceedings before the court. The Supreme Court added that the verdict would apply when allocating services to candidates selected through the 2025 civil services examination.
The creamy layer, referring to the wealthier and more advanced members within a group eligible for affirmative action benefits, was introduced for Other Backward Classes in the 1992 Indra Sawhney versus Union of India judgement.
Previously, the Union government had raised concerns that applying the March verdict retrospectively could affect recruitments and admissions already undertaken by the Union and state governments and Union territories. The government also sought two years to establish equivalence between posts in other organizations and government posts, and to formulate a uniform mechanism for determining OBC creamy layer status in cases where such equivalence had not been established. However, the Supreme Court on Friday rejected the Union government’s request and granted an extension of eight weeks to comply with its March directions.
Source:
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