The Supreme Court of India has taken up the case of the West Bengal government’s challenge to the Calcutta High Court’s decision to annul OBC certificates issued after 2010. The Supreme Court has issued notices to both the concerned respondents and the private litigants who challenged the inclusion of 77 castes, predominantly Muslims, in the Other Backward Classes (OBC) list at the Calcutta High Court. This development comes after the high court on May 22nd declared the OBC status of several castes in West Bengal invalid, ruling that these reservations for state service and post vacancies were illegal. The high court’s decision impacted reservations granted since 2010. A bench consisting of Chief Justice DY Chandrachud, Justice JB Pardiwala, and Justice Manoj Misra, while issuing notice, also directed the West Bengal government to file an affidavit explaining the process followed for classifying 77 communities as OBCs. The bench specifically asked for details about the nature of the survey conducted and whether there was any consultation with the state backward panel regarding the inclusion of these 77 communities in the OBC list. Additionally, the bench inquired about the state’s consultation process for the sub-classification of OBCs. The state government has appealed the high court’s decision. The Calcutta High Court had previously argued that religion seemed to be the sole criterion for declaring these communities as OBCs. The high court further stated that the selection of 77 classes of Muslims as backwards was perceived as an insult to the Muslim community as a whole. The high court’s ruling invalidated reservations for 77 classes established between April and September 2010, along with 37 classes established under a 2012 law. The Supreme Court’s decision to hear the case is significant as it could have far-reaching implications for the implementation of reservation policies in West Bengal and potentially other states.
