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Supreme Court Bars Income-Only Test for OBCCreamy Layer’, Orders Review of UPSC Cases

The ruling requires status-based assessment of parents’ posts, with authorities to reconsider affected OBC claims within six months.

Overview

  • The court dismissed the Union government’s appeals and upheld rulings by the Madras, Delhi and Kerala High Courts on OBC non‑creamy layer claims.
  • Judges held that counting only parental income—especially salaries of PSU or private employees—creates hostile discrimination and violates Articles 14, 15 and 16.
  • The bench affirmed that the 1993 DoPT framework excludes salary and agricultural income from the income/wealth test and that post and status must be evaluated.
  • Authorities were directed to re-evaluate affected candidates, with permission to create supernumerary posts to accommodate those found eligible under the clarified criteria.
  • The decision is expected to aid roughly 100 UPSC candidates from recent batches whose OBC benefits were denied after income-only scrutiny tied to a 2004 clarification.