Kolkata: The Calcutta High Court ruled on Wednesday that the OBC status of multiple classes in West Bengal, which were provided reservations under a 2012 Act for state jobs, is illegal.
The court ruled on petitions questioning the Act’s provisions, stating that those from classes affected by the Act, who are currently employed or have benefited from reserved positions or successfully passed state selection processes, will not be impacted by the ruling.
According to a lawyer involved in the case, a significant number of individuals in the state will be affected by the ruling.
The court invalidated multiple categories for quota as Other Backward Classes provided in The West Bengal Backward Classes Act, 2012.
The panel of judges, including Tapabrata Chakraborty and Rajasekhar Mantha, made it clear in their ruling that the state government’s executive orders categorizing 66 OBC classes before 2010 were left untouched as they were not contested in the petitions.
The court also invalidated the state’s executive orders categorizing 42 groups as OBCs from March 5, 2010, to May 11, 2012, due to the unlawfulness of the reports supporting those classifications, with a future impact.
The bench stated that the view and counsel of the Backward Classes Commission typically holds weight with the state legislature as per the National Commission for Backward Classes Act, 1993.
The court ordered the state’s Backward Classes Welfare Department to work together with the Commission and present a report to the legislature suggesting new classes for inclusion or removal of existing classes in the state’s OBC list.
Banerjee won’t accept the order
Mamata Banerjee, Chief Minister of West Bengal, declared on Wednesday that she would refuse to comply with the Calcutta High Court decision to revoke the OBC classification of various classes in the state.
Banerjee assured at a poll rally in Khardah, Dumdum Lok Sabha constituency that OBC reservation in the state will be upheld as the necessary Bill was passed in accordance with the Constitution.
She clarified that the Bill was created following a door-to-door survey, and it received the approval of both the cabinet and the assembly. The BJP planned to obstruct it by using central agencies. The TMC leader questioned how the saffron party can display such boldness.
Aaj court ne tamacha Maara hai: PM Modi
Prime Minister Narendra Modi responded to the ruling that the “Calcutta High Court has ruled that OBC certificates issued after 2010 are now invalidated. This action was taken because the West Bengal government unjustifiably issued OBC certificates to Muslims solely to appease the Muslim voting bloc. This politics of vote bank, this politics of appeasing, is exceeding all boundaries.”
The BJP called it a big blow to Mamata Banerjee’s “appeasement politics” in their scathing attack.
“In another blow to Mamata Banerjee’s regressive appeasement politics, the Calcutta High Court has struck down Muslim reservation under the OBC sub-category. It has also invalidated all OBC certificates issued between 2010-2024. those admitted, if they manage to retain their jobs, won’t be entitled for any further benefits,” BJP leader Amit Malviya posted on X.
In another blow to Mamata Banerjee’s regressive appeasement politics, the Calcutta High Court has struck down Muslim reservation under the OBC sub-category. It has also invalidated all OBC certificates issued between 2010-2024. Those admitted, if they manage to retain their jobs,…
— Amit Malviya (मोदी का परिवार) (@amitmalviya) May 22, 2024
