The Supreme Court has scheduled hearings for January 28 and 29 to deliberate on a series of petitions challenging a Calcutta High Court decision that revoked the Other Backward Classes (OBC) status for several castes in West Bengal, a status granted since 2010. The bench, comprising Justices BR Gavai and Augustine George Masih, postponed the hearing to allow for a thorough examination of the complex issues involved.
The dispute centers around the High Court’s verdict from last year, which found the state’s allocation of OBC status to certain communities, primarily based on religious criteria, to be unlawful. This decision impacted reservations in public sector employment and state-run educational institutions, declaring them illegal under the grounds that they were made solely on the basis of religion.
Senior advocate Kapil Sibal represented the West Bengal government, while Solicitor General Tushar Mehta updated the Supreme Court on the latest developments, including the affidavit filed by the National Commission for Backward Classes.
The High Court had notably struck down the OBC status for 77 Muslim classes initially classified as backward between April and September 2010, under the provisions of the state’s reservation law of 2012. Additionally, it invalidated the inclusion of 37 classes under the West Bengal Backward Classes (Other than Scheduled Castes and Scheduled Tribes) (Reservation of Vacancies in Services and Posts) Act, 2012.
Despite the sweeping cancellations, the High Court assured that those already in service or who had benefited from the reservations would not be affected by the judgment. However, the broader implications of the ruling have prompted significant debate and legal action, questioning the criteria for determining backwardness and the role of religion in such classifications.
In August 2024, the Supreme Court had directed the West Bengal government to provide quantifiable data on the social and economic conditions of the newly included castes and their representation in public jobs. The state was also instructed to submit details regarding the consultations conducted before these castes were added to the OBC list.
