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Supreme Court of India 2026-03-11 dismissed

Union of India and Ors vs Rohith Nathan and Anr. Etc

Bench: 2 — Pamidighantam Sri Narasimha, R. Mahadevan

In Brief

The Supreme Court dismissed the Union's appeals challenging High Court orders that granted OBC (Other Backward Classes) Non-Creamy Layer benefits to candidates whose parents worked in PSUs or private sector. The Court held that the 1993 Office Memorandum establishing creamy layer criteria prevails over a 2004 clarification. Salary income alone cannot determine creamy layer status; social advancement must be assessed. The Court found that treating PSU/private sector employees differently from government employees violates Article 14 equality, as both occupy similar grade posts. The government was directed to reassess candidates' eligibility within six months and create supernumerary posts as necessary.

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