Today(on 22nd May), Calcutta High Court invalidates all OBC certificates issued by the Trinamool Congress government since 2011, affecting around five lakh certificates for employment and education benefits. The ruling bars these certificates from use in employment processes to address procedural irregularities.
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KOLKATA: Today(on 22nd May), The Calcutta High Court has nullified all Other Backward Class (OBC) certificates issued by the state government under the Trinamool Congress since it came to power in 2011. This ruling affects approximately five lakh OBC certificates, which were issued to provide reservation benefits in employment and education.
On Wednesday, the High Court declared that these certificates would no longer be valid for any employment processes following the pronouncement of the verdict. The court’s decision aims to rectify procedural irregularities in the issuance of these certificates.
The division bench comprising Justice Tapobrata Chakraborty and Justice Rajashekhar Mantha stated-
“Following that, the state legislature, or Vidhansabha, must determine who qualifies as OBCs.”
The bench emphasized that the West Bengal Backward Classes Welfare Commission is responsible for determining the list of OBCs, which should then be sent to the state legislature for approval.
“Those whose names are approved by the Assembly will be recognized as OBCs in the future.”
-the bench added.
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The High Court’s ruling came in response to a case filed in 2012, challenging the legitimacy of the OBC certificates issued after 2010. Advocates Sudipta Dasgupta and Vikram Banerjee, representing the litigants, argued that the Trinamool government’s actions were not in accordance with the West Bengal Backward Classes Welfare Commission Act of 1993.
An interim report in 2010 during the Left Front government, which categorized a new group as ‘OBC-A’. However, the Left Front was replaced by the Trinamool Congress in 2011, which continued issuing OBC certificates based on the interim report without a final review. This led to the litigants filing a case in 2012, urging the court to annul the certificates.
The petitioners argued-
“The decision made by the Trinamool government violates the West Bengal Backward Welfare Commission Act of 1993.”
They contended that the improper issuance of these certificates deprived genuinely deserving backward sections of their entitled government opportunities.
“Hence, the government should issue the certificate in accordance with that law.”
-they emphasized.
While the court’s decision nullifies the certificates, it also provides relief for those who have already secured employment or are in the process of doing so using these certificates.
The bench clarified-
“However, simultaneously, the High Court clarified that this directive will not impact individuals who have already secured employment using this certificate or are currently in the process of securing employment. However, others will no longer be able to utilize this certificate for employment purposes.”
This judgment has significant implications, particularly as it arrives at a politically sensitive time with polling ongoing in the state. The High Court’s decision underscores the necessity for adherence to legislative processes and ensures that reservation benefits reach the genuinely deserving sections of society.
