The Supreme Court of India was informed on Tuesday by the West Bengal government that the state’s Commission for Backward Classes is currently reassessing the criteria for backwardness. This announcement comes in light of ongoing legal scrutiny and criticism regarding the designation of certain castes as Other Backward Classes (OBCs) in the state.
During the court session, senior advocate Kapil Sibal, representing West Bengal, requested that the hearing be deferred to allow the state commission three months to complete its review. Justices B.R. Gavai and Augustine George Masih acknowledged Sibal’s request and scheduled the next hearing for July, noting that the ongoing examination by the commission would proceed without prejudice to the rights of involved parties.
This judicial review was initiated after the Calcutta High Court, on May 22, 2024, invalidated the OBC status that had been granted to several castes since 2010. The High Court’s decision also deemed their reservation in public sector employment and state-run educational institutions illegal, stating that religion seemed to be the sole criterion for these designations.
Furthermore, the High Court criticized the selection of 77 Muslim classes as OBCs, labeling it an insult to the entire Muslim community. These decisions emerged from challenges to the provisions of West Bengal’s 2012 reservation law and the reservations enacted in 2010.
The High Court had also assured that individuals from the affected classes who were already in service or had benefited from the reservations prior to the ruling would not be adversely affected by its judgment. This includes those who had successfully secured positions through state selection processes.
In response to these developments, the Supreme Court, on August 5 of the previous year, requested that West Bengal provide quantifiable data demonstrating the social and economic backwardness and inadequate representation in public sector jobs of the newly added castes. The state was also directed to detail any consultations held by the backward classes panel before including 37 castes, predominantly Muslim, in the OBC list.
