VidhiSangh

Supreme Court of India · 11/03/2026

UNION OF INDIA AND OTHERS versus ROHITH NATHAN AND ANOTHER, ETC.

[2026] 4 S.C.R. 1 · 2026 INSC 230

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Summary

OBC candidates in the Civil Services Examination were treated as creamy layer because their parents, employed in PSUs, banks or private firms whose posts had no established equivalence with Government posts, earned salaries above the income limit. DoPT had applied paragraph 9 of its 2004 clarificatory letter. The Supreme Court held that the letter could not override the 1993 Office Memorandum, which makes exclusion status-based, and that salary income alone cannot decide creamy layer status. Treating wards of PSU or private employees differently from wards of similarly placed Government employees was hostile discrimination. The Union's appeals were dismissed and supernumerary posts directed.

Issues

  1. Whether the clarificatory letter of 14.10.2004, particularly paragraph 9, can override or supersede the Office Memorandum of 08.09.1993 laying down the creamy layer exclusion criteria for OBCs.
  2. Whether wards of employees of PSUs, banks and private undertakings may be treated differently from wards of Government employees holding posts of the same grade or class when determining creamy layer status.
  3. What relief should follow for the respondent candidates and intervenors.

Provisions considered

Held

Result

All civil appeals by the Union of India are dismissed, and the judgments of the Madras, Delhi and Kerala High Courts are upheld. The appellants are to consider the claims of the respondent candidates and intervenors under the principles laid down, creating supernumerary posts as required, and implement this within six months. No costs.

Judgment PDF: Supreme Court of India, [2026] 4 S.C.R. 1.