Calcutta HC invalidates 5 lakh OBC certificates, mainly of Muslims in West Bengal; Appeasement of Mamata govt exposed

The Calcutta High Court has declared multiple classes as Other Backward Classes (OBC) under the West Bengal Backward Classes (Other than Scheduled Castes and Scheduled Tribes) (Reservation of Vacancies in Services and Posts) Act, 2012 as illegal. The court’s judgement came in response to petitions challenging the provisions of the Act, asserting that these classes were wrongly classified.

The court clarified that the order will not have any impact on individuals belonging to the struck-down classes who are already employed, have availed of reservation benefits, or have successfully undergone selection processes within the state. Their positions and benefits will remain unaffected by this ruling.

The bench, comprising justices Tapabrata Chakraborty and Rajasekhar Mantha, emphasised that the executive orders issued by the state government prior to 2010, which classified 66 classes of OBC, were not subjected to interference as they were not challenged in the petitions.

The appeasement policy of West Bengal’s Mamata Government  can be seen in the list of f West Bengal police recruitment board in 2021. All the 50 candidates selected for the post of sub-inspector by West Bengal Police Recruitment Board were Muslims and there were no Hindus.

However, the bench invalidated the executive orders that classified 42 classes between March 5, 2010, and May 11, 2012, due to the illegality of the reports recommending such classification. This decision is prospective in nature, meaning it will apply to future instances. The bench highlighted that, ordinarily, the opinion and advice of the Backward Classes Commission carry binding influence on the state legislature under the National Commission for Backward Classes Act, 1993.

The ruling by the Calcutta High Court has significant implications for the reservation system in West Bengal, particularly pertaining to OBCs. It underscores the importance of adhering to legal procedures and ensuring the validity of classifications based on the recommendations of the Backward Classes Commission.

The judgement clarifies that the order will not impact individuals belonging to the struck-down classes who are already employed, have benefited from reservation, or have successfully undergone selection processes within the state. Their current positions and benefits will remain unaffected.

Furthermore, the bench has directed the Backward Classes Welfare Department of the state, in consultation with the Commission, to prepare a report with recommendations for the inclusion of new classes or the exclusion of remaining classes in the state’s list of OBCs. This move highlights the court’s intention to ensure a thorough review of the OBC classification system in West Bengal.

The ruling by the Calcutta High Court emphasises the need for compliance with legal procedures and the validity of classifications based on the recommendations of the Backward Classes Commission. The court’s decision to strike down these classes for OBC reservation sheds light on potential flaws in the existing system. It is essential to consider the implications of this verdict on future policies and the implementation of reservation in the state. The government, in collaboration with the Backward Classes Welfare Department and the Commission, will likely undertake a comprehensive evaluation of the OBC classification process. This evaluation aims to align with the court’s ruling while upholding the principles of social welfare and inclusivity.

The Calcutta High Court has recently struck down  classes that were designated as Other Backward Classes (OBC) under The West Bengal Backward Classes (Other than Scheduled Castes and Scheduled Tribes) (Reservation of Vacancies in Services and Posts) Act, 2012. The court’s decision came as a response to petitions challenging the provisions of the Act, deeming these particular classes as illegal.

Justices Tapabrata Chakraborty and Rajasekhar Mantha, who comprised the division bench, clarified in their judgment that the executive orders issued by the state government before 2010, which classified 66 classes as OBC, were not affected by this ruling since they were not challenged in the petitions.

However, the bench directed that the executive orders classifying 42 classes from March 5, 2010, to May 11, 2012, be quashed with prospective effect due to the illegality of the reports recommending such classification. The bench further highlighted that the opinion and advice of the Backward Classes Commission usually hold binding authority on the state legislature under the National Commission for Backward Classes Act, 1993.

In a significant move, the bench has instructed the Backward Classes Welfare Department of the state, in consultation with the Commission, to present a report to the legislature. This report will contain recommendations regarding the inclusion of new classes or the exclusion of remaining classes in the state’s list of OBCs.