SC orders Mamata Banerjee-govt to justify OBC status for 77 communities

The Supreme Court has asked the West Bengal government to present verifiable data on the social and economic disadvantages for those in the OBC list, which was cancelled in May

The Supreme Court directed the West Bengal government on Monday to clarify the criteria used to classify 77 communities, predominantly Muslim, as Other Backward Classes (OBC), according to a report by the Hindustan Times. In May, the Calcutta High Court had deemed the classification process unlawful, prompting the state to appeal to the Supreme Court.

The Supreme Court has asked the West Bengal government to present verifiable data on the social and economic disadvantages and the insufficient representation in public sector jobs of the communities included in the OBC list for quota benefits.

“Issue notice, including on the application of stay (of the judgement filed by the state government). The state of West Bengal shall file an affidavit before this court explaining the process followed for classification of 77 communities as OBCs: (1) the nature of survey; (2) whether there was a lack of consultation with the Commission (state backward panel) in respect of any communities in the list of 77 communities designated as OBCs,” a Bench comprising Chief Justice of India DY Chandrachud, Justice JB Pardiwala, and Justice Manoj Misra stated.

The Bench also asked if any consultation was done for the sub-classification of the OBCs by the state.

Why did Calcutta HC cancel OBC certificates in Bengal?

In May, the Calcutta High Court annulled all OBC certificates issued by the West Bengal government post-2010. This decision directly impacts certificates issued under the administration of Chief Minister Mamata Banerjee since 2011.

The sections invalidated included Section 16, the latter part of Section 2(h), and Section 5(a) of the West Bengal Backward Classes (Other than Scheduled Castes and Scheduled Tribes) (Reservation of Vacancies in Services and Posts) Act, 2012.

Approximately five lakh OBC certificates were invalidated by this ruling. Those already employed or benefiting from the OBC reservation will remain unaffected, but the invalidated certificates cannot be used for future government job applications or other benefits.

The Calcutta High Court determined that the state government had not adhered to proper legal procedures when issuing OBC certificates after 2010.

Legal issues in OBC reservation process

This decision stems from the identification of legal and procedural shortcomings in the classification and reservation process for OBCs in West Bengal. The court found that the classification and sub-classification of OBCs, conducted through various executive orders and memos, were illegal. The addition of 77 classes between 2010 and 2012, and their sub-categorisation under the West Bengal Backward Classes (Other than SC and ST) (Reservation in Posts) Act of 2012, were not legally sound.

Article 16(4) of the Indian Constitution permits the state to reserve appointments or posts for any backward class of citizens deemed inadequately represented in state services. However, the High Court concluded that the state government’s actions violated this constitutional provision. The improper classification and sub-classification were not based on a valid and legally sound assessment of social and educational backwardness.