The Supreme Court has scheduled the final hearing on January 28 & 29 for the petition filed by the State of West Bengal challenging the Calcutta High Court’s decision to quash the Other Backward Class classification of 77 communities.
The case was taken up by a bench comprising Justice BR Gavai and Justice Augustine George Masih. Senior Advocate Kapil Sibal, representing West Bengal, urged the Court for an expedited decision before the next academic year begins. Justice Gavai assured that a judgment would be delivered before the Court’s summer recess in May.
During the hearing, Solicitor General Tushar Mehta informed the bench that the National Commission for Backward Classes had submitted its affidavit. Notably, in August last year, a bench led by former Chief Justice of India DY Chandrachud, while issuing a notice on the state’s appeal, had directed the state to submit an affidavit detailing the methodology used for classifying the 77 communities as OBCs.
The bench had specifically sought information on the nature of the survey conducted and whether there was a lack of consultation with the backward classes commission for any communities listed.
High Court’s Order
The Calcutta High Court had earlier adjudicated a plea challenging 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 for reservations in public offices for OBCs. The High Court, while scrutinizing the process, observed irregularities in the manner in which the Commission and the state government proceeded with the classification.
According to the High Court, the Commission acted hastily and appeared to be under political influence, aiming to fulfill a promise made by the then Chief Minister at a political rally. The court noted that no proper inquiry was conducted, and applications for inclusion in the OBC list were not properly invited. Furthermore, after the list’s preparation, no public notification was issued to invite objections. This, according to the court, was a clear deviation from constitutional norms, as the authorities failed to disclose any data justifying that the concerned communities were underrepresented in government services. The absence of published reports prevented the public from raising objections.
The High Court further pointed out that the state’s recommendations for OBC sub-classification bypassed the State Commission. Notably, 41 out of the 42 newly recommended classes for reservation belonged to the Muslim community.
The court highlighted that the Commission’s primary consideration seemed to be religion-specific reservations, which were disguised under the pretext of backward class benefits. The court emphasized that such religion-driven actions violated constitutional provisions and amounted to protective discrimination.
In conclusion, the High Court found that the recommendations were tailored to serve religious interests rather than genuine backward class upliftment, making the classification process constitutionally untenable. The upcoming Supreme Court hearing will determine the validity of these findings and the future course of OBC classification in West Bengal.
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