Calcutta High Court cancels five lakh OBC certificates

The Bench highlighted a complete lack of legislative policy within the 2012 scheme governing the State’s authority to classify any class as OBC.

Updated - May 23, 2024 07:21 am IST

Published - May 22, 2024 06:27 pm IST - Kolkata

The court said that the directions will be given prospective effect. File.

The court said that the directions will be given prospective effect. File. | Photo Credit: The Hindu

The Calcutta High Court on Wednesday cancelled all Other Backward Classes (OBC) certificates issued in West Bengal since 2010. 

The judgment, delivered by a Division Bench comprising Justices Tapabrata Chakrabarty and Rajasekhar Mantha, however, clarified that individuals who had already secured employment using these certificates would not be affected by this order.  The verdict is said to affect about five lakh OBC certificates issued after 2010. 

Explained: OBC reservation across India, its history and challenges

The development assumes significance as it coincides with the ongoing Lok Sabha elections in West Bengal. Voting is scheduled across several constituencies with substantial OBC population in the remaining phases.

The Bench struck down several portions of the West Bengal Backward Classes (Other than Scheduled Castes and Scheduled Tribes) (Reservation of Vacancies in Services and Posts) Act, 2012. 

Among the Sections nullified were Section 16, the second part of Section 2(h), and Section 5(a) of the Act, which distributed reservation percentages of 10% and 7% to the sub-classified categories. Consequently, the sub-classified categories OBC-A and OBC-B were removed from Schedule I of the Act. 

The court further observed, “Citizens from the 77 classes and 37 classes (added in the exercise of Section 16) struck down above, who are already in the service of the State, or have already availed the benefit of reservation or have succeeded in any selection process in the State, shall not be affected by the reason of this judgment.” 

Asked to prepare report

The judgment was declared in open court, with Justice Tapabrata Chakraborty reading out the operative portion. The court instructed the West Bengal Backward Class Welfare Department, in consultation with the State Backward Class Commission, to prepare a report for the State legislature. This report, the court directed, should include recommendations for the inclusion of new classes or the exclusion of remaining classes from the State’s list of OBCs.

The Bench highlighted a complete lack of legislative policy within the 2012 scheme governing the State’s authority to classify any class as OBC. The court ordered the State to establish a clear legislative policy before delegating such authority.

The court emphasised that current data were essential for making OBC reservations, noting that reports used by the State were not originally relied upon and were an attempt to cover up omissions.

“The selection of 77 classes of Muslims as backward is an affront to the Muslim community as a whole. This court’s mind is not free from doubt that the said community has been treated as a commodity for political ends. This is clear from the chain of events that led to the classification of the 77 classes as OBCs and their inclusion to be treated as a vote bank,” the order said.

Justice Chakraborty concurred with Justice Mantha’s judgment, emphasising that “strict adherence to the rule of law is to be ensured and the same cannot be allowed to be flouted in the hands of executives who, dressed in little brief authority, exercise discretion that cripples the constitutional guarantee of fairness and reasonableness.”

Setback to Trinamool

The development has come as a setback to the Trinamool Congress government and the party leaders started targeting the judgment and the judges. Chief Minister Mamata Banerjee said she did not agree with the order and reservations would continue on the basis of the OBC list.

Union Home Minister Amit Shah said Ms. Banerjee had given reservation to 118 Muslim communities without any process to pander to her vote bank. “We condemn the attitude of Mamata Banerjee and welcome the Calcutta High Court order... The Constitution does not allow reservation on religion,” Mr. Shah said.

“Very interesting fact about today’s OBC certificate cancellation verdict by Calcutta High Court ...The judge who gave the verdict today is the same judge who gave blanket immunity in criminal cases to BJP’s Suvendu Adhikari,” TMC leader Saket Gokhale posted on X.

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