Supreme Court Precedent Mandates Uniform "Non-Creamy Layer" Criteria Across Employment Sectors.

The Original Applications (OAs) before the Central Administrative Tribunal involved multiple applicants seeking to be considered as Other Backward Class (OBC) Non-Creamy Layer candidates for the UPSC Civil Services Examination of various years and to be allocated service accordingly.

The lead matter was O.A. No. 1860/2023.

Many applicants had intervention applications pending before various forums, including the Department of Personnel and Training (DoPT), High Courts, or the Central Administrative Tribunal.

1. Whether the applicants are entitled to be considered as OBC Non-Creamy Layer candidates for the UPSC Civil Services Examination and receive service allocation accordingly, in light of the Supreme Court's decision in *Union of India Ors. V Rohith Nathan Ors.*

The court primarily applied the principles laid down by the Supreme Court in *Union of India Ors. V Rohith Nathan Ors.* (Civil Appeal No. 2827-2829/2018 dated 11.03.2026).

This judgment held that treating similarly placed employees of private entities and PSUs differently from Government employees and their wards, while deciding their entitlement to reservation, would amount to hostile discrimination.

It further directed the creation of supernumerary posts to accommodate candidates satisfying the non-creamy layer criteria as clarified in the judgment.

The Tribunal noted that the issue involved in the present OAs was identical to the issue settled by the recent Supreme Court decision in *Union of India Ors. V Rohith Nathan Ors.*

The Supreme Court had emphatically dismissed appeals against judgments that found hostile discrimination in varying treatment of similarly placed individuals for reservation purposes.

Crucially, the Supreme Court had directed that supernumerary posts be created by the DoPT, as confirmed by the 21st Report of the Parliamentary Committee on the Welfare of Other Backward Classes, to accommodate eligible candidates who meet the non-creamy layer criteria.

This established a binding precedent for the determination of the applicants' claims.

This exercise is to be completed within six months from the date of receipt of the order.

The M.As. were also disposed of accordingly.