The Supreme Court on Tuesday agreed to consider setting up a special bench to hear Centre's plea seeking clarification on the applicability of its March 11 judgement on OBC creamy-layer criteria to candidates of the Civil Services Examination (CSE) 2025.
The Department of Personnel and Training (DoPT) seeks directions allowing the government to proceed with service allocation of the 958 candidates recommended by the Union Public Service Commission (UPSC) for CSE-2025 on the basis of the OBC creamy-layer determination applied before the March 11 verdict.
At the outset of day's proceedings, a bench comprising Chief Justice Surya Kant and justices Joymalya Bagchi and V Mohana was told by Solicitor General Tushar Mehta, appearing for the Centre, that the DoPT has filed a miscellaneous application in a disposed of matter seeking some urgent directions and it has to be listed before a bench headed by Justice P S Narasimha.
Senior advocate Sanjay Hegde, appearing for a litigant, said that a bench comprising justices Narasimha and R Mahadevan had passed the order on March 11 and the instant miscellaneous application has to be heard by the same bench as the judges sit in different combinations now.
"We will have to set up a special bench," the CJI said, adding that he will speak with the judges and set up the bench.
The DoPT's plea arises from the top court's judgement in a case titled as Union of India vs Rohith Nathan, in which the court, on March 11 held, among other things, that the October 14, 2004 clarifying letter could not override the September 8, 1993 office memorandum governing identification of the OBC creamy layer.
The court also held that the salary or income of a parent employed in a public sector undertaking or the private sector could not by itself be treated as the determinative criterion for creamy-layer exclusion.
The status and category of the parent's post, along with the prescribed income/wealth test, were to be considered in accordance with the 1993 office memorandum.
The government, while stating that it is bound by the Supreme Court's ruling, has said that applying the judgment mechanically to CSE-2025 could result in unequal treatment of candidates who were similarly placed but acted differently based on the legal position prevailing when the examination was conducted.
According to the application, the CSE-2025 notification was issued on January 22, 2025, the preliminary examination was held on May 25, 2025, and the main examination was conducted from August 22 to 31.
The UPSC declared the final result on March 6, 2026, recommending 958 candidates for appointment to the IAS, IFS, IPS and other central services.
The top court delivered the Rohith Nathan judgement just five days later, on March 11.
The Centre has pointed out that candidates whose parents were employed in PSUs or the private sector and whose income exceeded the prescribed ceiling could, under the interpretation prevailing at the time, have considered themselves ineligible for OBC (non-creamy layer) benefits.
Some such candidates, the application says, may consequently have contested CSE-2025 only in the general category, while others may not have applied under the OBC category at all. They may also have foregone benefits such as the three-year upper age relaxation and additional attempts available to OBC (non-creamy layer) candidates.
The government said that candidates who had applied under the OBC category but were subsequently found ineligible could potentially benefit from a fresh assessment in light of the March 11 judgement.
However, those who never applied as OBC candidates would have no corresponding opportunity to change their category or retrospectively claim age relaxation or additional attempts. This could result in two groups of candidates who relied on the same prevailing administrative instructions being treated differently, the plea said.
The application also said that reopening the creamy-layer determination at this stage would require fresh verification of the parental employment and post status of borderline candidates. It said that extending such an exercise to those who never applied as OBC candidates could effectively require reopening the examination process itself.
The government has also highlighted the imminent Foundation Course for the CSE-2025 batch at the Lal Bahadur Shastri National Academy of Administration (LBSNAA), Mussoorie, tentatively scheduled for the last week of August.
Any delay in finalising service allocation could have a cascading impact on training schedules, cadre allocation for IAS and IPS officers, seniority and pay fixation, and the training calendars of other central services, the plea said.
Invoking the doctrine of prospective overruling, the Centre has urged the top court to consider the fact that the CSE-2025 selection process had already concluded before the March 11 judgement and that candidates had acted on the legal and administrative position prevailing at the time.
The government, in its plea, clarified that its application is not intended to dilute or circumvent the Supreme Court's judgement but seeks directions on its implementation in the specific context of CSE-2025.
The Centre has sought permission to proceed with finalising service allocation of the UPSC-recommended CSE-2025 candidates on the basis of the OBC creamy-layer determination applied before March 11, 2026.
(With inputs from PTI)