The dispute arose after the Calcutta High Court struck down the OBC status of 77 communities in West Bengal. These communities had been granted OBC status in 2010, a move that led to reservations in public sector jobs and state-run educational institutions. The High Court declared that this classification was illegal and unconstitutional.
NEW DELHI: The Supreme Court of India on Tuesday (7th Jan) scheduled the petition filed by the State of West Bengal, challenging the decision of the Calcutta High Court that had quashed the Other Backward Class (OBC) classification of 77 communities.
The matter will be heard on January 28 and 29, 2025.
A bench of Justices BR Gavai and Augustine George Masih heard the case. Senior Advocate Kapil Sibal, representing the State of West Bengal, requested a decision before the start of the next academic year. Justice Gavai assured that the matter would be concluded before the Court breaks for summer vacations in May 2025.
The Solicitor General of India, Tushar Mehta, informed the bench that the National Commission for Backward Classes (NCBC) had filed its affidavit in the matter.
Background
The dispute arose after the Calcutta High Court struck down the OBC status of 77 communities in West Bengal. These communities had been granted OBC status in 2010, a move that led to reservations in public sector jobs and state-run educational institutions. The High Court declared that this classification was illegal and unconstitutional.
The court held that “Religion indeed appears to have been the sole criterion for declaring these communities as OBCs.”
It further stated, “Selection of 77 classes of Muslims as backwards is an affront to the Muslim community as a whole.”
The High Court had been reviewing a plea against certain provisions of the West Bengal Backward Classes (Other than Scheduled Castes and Scheduled Tribes) (Reservation of Vacancies in Services and Posts) Act, 2012, which provided reservations for OBCs in public offices.
It struck down the OBC status for 77 classes granted between April and September 2010 and also rejected the classification of 37 classes for OBC status under the 2012 Act.
However, the High Court clarified that the ruling would not affect the services of individuals from the struck-down OBC categories who were already in service, had availed of the benefits, or had succeeded in any state selection process before the judgment.
Supreme Court’s Earlier Directions
In August 2024, the Supreme Court issued notices on the West Bengal government’s appeal against the High Court’s decision. The Court had also asked the State to provide an affidavit explaining the process followed in classifying 77 communities as OBCs. Specifically, the Court asked for details on:
- The nature of the survey used for classification.
- Whether there was any lack of consultation with the Backward Classes Commission regarding any of the communities on the OBC list.
The Court also sought quantifiable data from the state government, particularly on the social and economic backwardness of the newly included castes in the OBC list and their underrepresentation in public sector jobs. The State was asked to provide details on any consultations with the State’s backward classes panel regarding the inclusion of 37 castes, mainly Muslim groups, in the OBC list.
The Supreme Court further emphasized that “reservation cannot be made on the basis of religion.”
During the hearing, Senior Advocate Kapil Sibal, representing the West Bengal government, requested that the case be decided ahead of the academic year. Justice Gavai assured that the matter would be resolved before the Court’s summer break in May 2025.
Solicitor General Tushar Mehta informed the bench that the National Commission for Backward Classes had submitted its affidavit in the case.
The upcoming January hearing is crucial in deciding the fate of the OBC classification for the 77 communities in West Bengal. The final judgment will impact public sector job reservations and educational benefits for these communities.
Case Details: THE STATE OF WEST BENGAL AND ANR. Versus AMAL CHANDRA DAS Diary No. – 27287/2024
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