Today(on 27th August), The West Bengal government has requested more time from the Supreme Court to respond to litigants’ submissions in the case challenging the Calcutta High Court’s decision to revoke OBC status for several castes. The case impacts reservations in public sector jobs and state-run educational institutions.
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NEW DELHI: Today(on 27th August), the West Bengal government requested additional time from the Supreme Court to reply to the responses submitted by litigants in a case related to the Calcutta High Court’s decision to revoke the Other Backward Classes (OBC) status of several castes, predominantly Muslim groups, in the state. This case has garnered attention due to its implications on reservations in public sector jobs and admissions in state-run educational institutions.
The Supreme Court was initially scheduled to hear the appeal from the West Bengal government, alongside other related petitions, on Tuesday. However, during the proceedings, Senior Advocate Kapil Sibal, representing the state government, requested more time to address the extensive documentation filed by the opposing side.
“I require additional time to address their responses.”
– Sibal emphasized to the bench, which included Chief Justice D Y Chandrachud and Justices J B Pardiwala and Manoj Misra.
In response, the Chief Justice stated-
“We will schedule the matter for a hearing on the Monday of the following week, starting September 2.”
This legal battle began when, on August 20, the West Bengal government sought an urgent hearing on its appeal against the High Court’s ruling. At that time, the bench had scheduled the case for hearing on today(August 27).
During this earlier session, Sibal had urged the court to hear the matter urgently, stating-
“We need a stay on the high court’s verdict as the issue of scholarships is still unresolved, and NEET admissions may be impacted.”
He added that the plea should be addressed on the same day to prevent further complications.
The controversy surrounding the OBC status of certain castes dates back to an order from the Supreme Court on August 5. The court had directed the state government to provide quantifiable data on the social and economic backwardness of the newly included castes in the OBC list, along with evidence of their inadequate representation in public sector jobs. Additionally, the court issued notices to private litigants who challenged the High Court’s verdict and instructed West Bengal to file an affidavit detailing any consultations conducted with the state’s backward classes panel before including 37 castes, mostly Muslim groups, in the OBC list.
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The origin of this legal dispute can be traced back to the Calcutta High Court’s ruling on May 22, which invalidated the OBC status of several castes that had been granted this classification since 2010. The court declared that these reservations, aimed at public sector jobs and state-run educational institutes, were illegal.
The High Court, in its verdict, pointed out-
“Religion seems to have been the only criterion.”
for granting OBC status to these communities.
The High Court’s ruling further stated that the selection of 77 classes of Muslims as backward was “an affront to the Muslim community as a whole.”
The bench expressed its concern, saying that the court’s mind was-
“It is not without doubt that the said community (Muslims) has been treated as a means for political purposes.”
It added-
“This is evident from the sequence of events leading to the classification of the 77 castes as OBCs, suggesting they were included to serve as a political vote bank.”
The judgment came in response to petitions challenging provisions of the state’s Reservation Act of 2012 and the reservations granted in 2010. While the High Court invalidated the OBC status of these castes, it clarified that the services of citizens who had already benefited from this classification would not be affected. Specifically, those who are already in service, have availed the benefits of reservation, or have succeeded in any state selection process would remain unaffected by the order.
Moreover, the High Court struck down the inclusion of 37 additional classes that were granted OBC status under The West Bengal Backward Classes (Other than Scheduled Castes and Scheduled Tribes) (Reservation of Vacancies in Services and Posts) Act, 2012. The court found that the classification of 77 classes was based on “illegality” in the reports recommending such categorization. The removal of 37 classes from the OBC list was due to the lack of consultation with the West Bengal Backward Classes Commission.
In a final note, the High Court also invalidated an executive order issued on May 11, 2012, which had created several sub-classes within the OBC category. The court ruled that its directives would take effect prospectively, ensuring that the immediate impact on those already benefiting from the OBC status would be mitigated.
