Today(24th Sept), The West Bengal government has requested an expedited Supreme Court hearing on its appeal against the Calcutta High Court’s ruling that struck down the inclusion of several Muslim castes in the state’s OBC list. Senior advocate Kapil Sibal emphasized the urgency due to an administrative standstill in public service appointments following the judgment.
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NEW DELHI: Today(24th Sept), the West Bengal government approached the Supreme Court for an expedited hearing regarding its pending appeal against the Calcutta High Court‘s decision to strike down the inclusion of several castes, primarily from Muslim communities, in the state’s Other Backward Classes (OBC) List. The appeal comes in the aftermath of a ruling by the High Court on May 22, 2024, which nullified several provisions of the state’s reservation policies.
Appearing before a Bench led by Chief Justice of India D.Y. Chandrachud, senior advocate Kapil Sibal, representing the West Bengal government, emphasized the urgency of the matter. He highlighted that the judgment had resulted in an administrative standstill, with appointments to public services in the state being-
“delayed because of the uncertainty surrounding the case following the High Court’s judgment on May 22.”
Mr. Sibal requested an urgent hearing to address the situation and bring clarity to the process.
“Appointments to the state’s public services are being postponed.”
– Sibal reiterated, urging the court to expedite the hearing.
Chief Justice Chandrachud responded to the plea, stating-
“I will consider the request for an early hearing,” indicating that the Supreme Court would treat the matter with the seriousness it warrants.
The dispute stems from the West Bengal government’s decision to include certain castes, largely from Muslim communities, in the OBC category. This inclusion was based on the assertion that these communities faced social and educational backwardness, justifying their need for affirmative action in public service employment.
In an earlier hearing, the Supreme Court had asked the state to clarify the process behind the inclusion of these communities in the OBC list. Specifically, the court had inquired into-
“the nature and extent of the survey conducted to assess the social and educational backwardness of these communities and their insufficient representation in the state’s public services.”
This clarification was sought to understand the rationale that led to their categorization as OBCs.
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Furthermore, the Supreme Court raised concerns about the consultative process, asking whether meaningful discussions were held with the West Bengal Backward Classes Commission before the communities were officially designated as OBCs. The top court was keen to determine whether the decision was backed by empirical data or if it was arbitrary.
One of the key issues raised by the petitioners in the High Court case was the alleged lack of consultation between the state government and the West Bengal Backward Classes Commission before the castes were included in the OBC list. This claim formed a major part of the argument against the government’s decision, with the petitioners asserting that the inclusion was made without adequate scrutiny.
The Supreme Court had asked the state to clarify whether it had consulted the commission while sub-classifying these castes into different categories for the purpose of reservation. This step was deemed crucial to ensure that the reservation policy adhered to constitutional principles of fairness and equity.
“The State shall provide clarification regarding the nature of the survey and the materials it possesses that resulted in the inclusion.”
– the apex court had instructed, emphasizing the need for transparency in the process.
The Calcutta High Court’s ruling in May 2024 had a far-reaching impact on the state’s reservation policies. It not only invalidated the inclusion of several Muslim communities in the OBC list but also affected approximately five lakh OBC certificates issued by the state since 2010.
Despite the sweeping nature of its decision, the High Court had provided some relief to individuals who had already secured employment using OBC certificates issued after 2010. The court clarified that –
“its judgment would not affect individuals who had already obtained employment using the OBC certificates issued since 2010.”
This meant that while the policy was deemed unconstitutional moving forward, those who had benefitted from it in the past would not face the prospect of losing their jobs or positions.
However, the court’s decision to nullify key sections of the West Bengal Backward Classes (Other than Scheduled Castes and Scheduled Tribes) (Reservation of Vacancies in Services and Posts) Act, 2012, raised serious concerns within the state government. The High Court had struck down Section 16, the second part of Section 2(h), and Section 5(a) of the Act, all of which dealt with the distribution of reservation percentages.
These sections had previously allocated 10% and 7% reservation quotas to sub-classified categories known as OBC-A and OBC-B, respectively. With these provisions nullified, the sub-classified categories were effectively removed from Schedule I of the Act, further complicating the state’s reservation framework.
