14 Mar 2026 13:05 PM
Supreme Court
Supreme Court

Reservation-- OBC Creamy Layer Determination Only On Salary Income and Without Reference to Parental Post and Status Unsustainable

Creamy layer status within the OBC category cannot be determined solely on the basis of parental salary income. The 1993 Office Memorandum, issued pursuant to Indra Sawhney, mandates that status and category of post held by parents is the primary criterion. Income from salary and agricultural land is expressly excluded from the income/wealth test under the 1993 OM. A clarificatory letter cannot introduce a substantive condition absent in the parent policy. Differential treatment of children of PSU employees vis-à-vis government employees of equivalent posts violates Articles 14 and 16 of the Constitution.

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