NEW DELHI: Facing the task of implementing Supreme Court’s ruling on calculating creamy layer criteria for OBC reservation from the retrospective date of 2012, Centre pleaded with the court to make the enforcement of the verdict prospective and grant it two years’ time to implement it.The court had in March held that the income of parents could not be the sole criterion to determine the creamy layer of a candidate for exclusion from OBC reservation, and status and category of a parent’s job had to be considered with an ‘income/wealth test’ as an additional criterion. It made the verdict implementable from 2012, when the case was first filed.In a written note filed by additional solicitor general Aishwarya Bhati, govt submitted that the retrospective application of a changed eligibility criterion may unsettle appointments and admissions made under the rules and certificates prevailing at the time and create uncertainty regarding OBC-NCL status, seniority, service conditions and career progression.”The retrospective implementation of the present judgement would create changes in candidates’ service and cadre allocation… as it would affect the services of persons appointed on the basis of CSE-2012 onward and cause a cascading effect among civil servants… The aforementioned cascading effect will impact not only OBC candidates but also reverberate across all categories including (unreserved category) of the civil services,” the note said.Join conversationView All Comments →Share your thoughts in the commentsInsightfulAgreeDisagreeSkepticalConcerningPromisingWorth ReadingBig DevelopmentPost CommentBe respectful · TOI community guidelinesGovt said a reasonable time of two years should be given to it to undertake the necessary exercise of establishing equivalence of posts, after consulting all the stakeholders and formulating a uniform policy/mechanism for determination of OBC creamy layer status.”Union of India is only praying for a limited deferral of the operationalisation of the law laid down by this hon’ble court for a period of two years so that the competing rights can be adjusted consistent with the administrative contingencies and an effective equivalence exercise is carried out,” it said.Get the latest India News and Live updates. Download the TOI app.End of ArticleFollow Us On Social MediaVideosAjeet Bharti Faces Arrest Heat As Delhi HC Rejects Bail In Chandrashekhar Azad CaseIIT-Bombay Death Row: Parents Question CCTV Leak, Demand CBI Probe And Action Against OfficialsAnother Sexual Assault Case from Bihar: 4 Arrested In Samastipur After Video Surfaces OnlineRahul Gandhi Demands Gyanesh Kumar’s Resignation, Alleges ‘Vote Chori’ After ECI Rift Emerges’Justice Must Be Served’: Ladakh Marks One Year Since Deadly Leh Violence | WatchWhen The Umpires Clash: 10 Questions At The Heart Of The Election Commission-SIR Row21-Year Search Ends As Jamui Police Arrest Double Murder Accused While Raiding House Of His Son‘Anti-National’ Gyanesh Kumar Must Resign: CJP’s Dipke, Saurav Das List 3 Demands Amid SIR-EC RowLoP Role ‘Largely Ornamental’?: SC Judges Split Over EC Appointment Law, Matter Sent To CJIRam Temple Donation Case: SIT Files 74,000-Page Chargesheet Against 8 Accused123Hot PicksIBPS PO Prelims Result 2026Bank strikeNEET PG ResultGold Rate TodayOctober 2026 School HolidaysSchool holiday todaySamastipur girl molestationTelangana school holidayMumbai-Pune ExpresswayCBSE Date SheetTop TrendingAsian Games Medal TallyRahul GandhiPowerball JackpotDelhi Hit and RunUP EncounterDonald TrumpPM ModiNaomi OsakaJoe ThomasSupreme Court
NEW DELHI: Facing the task of implementing Supreme Court’s ruling on calculating creamy layer criteria for OBC reservation from the retrospective date of 2012, Centre pleaded with the court to make the enforcement of the verdict prospective and grant it two years’ time to implement it.The court had in March held that the income of parents could not be the sole criterion to determine the creamy layer of a candidate for exclusion from OBC reservation, and status and category of a parent’s job had to be considered with an ‘income/wealth test’ as an additional criterion. It made the verdict implementable from 2012, when the case was first filed.In a written note filed by additional solicitor general Aishwarya Bhati, govt submitted that the retrospective application of a changed eligibility criterion may unsettle appointments and admissions made under the rules and certificates prevailing at the time and create uncertainty regarding OBC-NCL status, seniority, service conditions and career progression.“The retrospective implementation of the present judgement would create changes in candidates’ service and cadre allocation… as it would affect the services of persons appointed on the basis of CSE-2012 onward and cause a cascading effect among civil servants… The aforementioned cascading effect will impact not only OBC candidates but also reverberate across all categories including (unreserved category) of the civil services,” the note said.
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Govt said a reasonable time of two years should be given to it to undertake the necessary exercise of establishing equivalence of posts, after consulting all the stakeholders and formulating a uniform policy/mechanism for determination of OBC creamy layer status.“Union of India is only praying for a limited deferral of the operationalisation of the law laid down by this hon’ble court for a period of two years so that the competing rights can be adjusted consistent with the administrative contingencies and an effective equivalence exercise is carried out,” it said.
