HomeIndian NationalSupreme Court Says Parental Salary Alone Cannot Determine Creamy Layer

Supreme Court Says Parental Salary Alone Cannot Determine Creamy Layer

New Delhi: The Supreme Court has reaffirmed that the creamy-layer status of Other Backward Classes (OBC) candidates cannot be determined solely on the basis of their parents’ salary or income. The ruling is particularly relevant to candidates whose parents work in public sector undertakings (PSUs) and private-sector organisations.

The court held that the nature and category of the parents’ posts, along with their social and occupational status, must also be considered while deciding eligibility for OBC reservation benefits.

The issue arose from the treatment of children of PSU and private-sector employees compared with those of government employees. The court observed that excluding candidates only because of their parents’ salary, without considering their posts, could result in unequal treatment of similarly placed individuals.

The Supreme Court delivered its original judgment on March 11, 2026, while dealing with cases involving candidates seeking OBC non-creamy-layer benefits in civil services examinations.

In a further development on November 6, the court rejected the Centre’s request to defer implementation of the ruling for two years, granting the government an additional two months. It also clarified that appointments already completed would not be reopened, while the ongoing 2025 civil services selection process would be governed by the judgment.

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