The case revolves around multiple pleas challenging the Calcutta High Court’s May 22, 2024, ruling, which struck down the OBC status granted to several castes in West Bengal since 2010.
New Delhi, March 18: The West Bengal government has told the Supreme Court that the state’s commission for backward classes is re-evaluating the issue of backwardness. This process is expected to be completed within three months.
A bench comprising Justices B R Gavai and Augustine George Masih heard the matter.
Senior advocate Kapil Sibal, representing the state, requested the court to schedule the next hearing after three months, allowing time for the commission to complete its review. The court acknowledged Sibal’s submission and set the next hearing for July.
The Supreme Court clarified that this exercise would be
“without prejudice to the rights of either of the parties in the proceedings.”
Background
The case revolves around multiple pleas challenging the Calcutta High Court’s May 22, 2024, ruling, which struck down the OBC status granted to several castes in West Bengal since 2010. The high court’s decision declared the reservations for these groups in public sector jobs and state-run educational institutions illegal.
“Religion indeed appears to have been the sole criterion for declaring these communities as OBCs,” the high court had stated in its ruling.
Additionally, it observed, “The selection of 77 classes of Muslims as backwards is an affront to the Muslim community as a whole.”
The high court reviewed petitions that contested the provisions of the West Bengal government’s 2012 reservation law and the reservations granted in 2010. However, it clarified that those who had already availed benefits, secured jobs, or had been selected under the now-invalidated reservations would not be affected by the ruling.
The high court struck down 77 reservations granted between April 2010 and September 2010. It also nullified 37 additional reservations made under the West Bengal Backward Classes (Other than Scheduled Castes and Scheduled Tribes) (Reservation of Vacancies in Services and Posts) Act, 2012.
Supreme Court’s Directive to West Bengal
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| SLP(C) No. 17751-17755/2024
