Calcutta High Court Issues Interim Stay on State’s New OBC List, Future of 140 Communities in Limbo
New OBC List: In a significant development, the Calcutta High Court on Wednesday issued an interim stay on the West Bengal government’s new OBC list, sparking a major debate across the state. As a result of this decision, the state’s new OBC list and all related notifications will remain suspended until July 31. This ruling has reignited the debate over the state’s reservation policy and its impact on various communities.
Background of the Case
The case began when the West Bengal government, on the recommendation of the Backward Classes Welfare Commission, included 140 new communities in the Other Backward Classes (OBC) list. This led to a 17% reservation for OBCs in government jobs and educational institutions. A petition was filed in the Calcutta High Court challenging this decision. The main allegation of the petitioners was that the survey required for creating this new list was not conducted properly and in accordance with the established norms.
The Court’s Observations and Order
The Division Bench of the Calcutta High Court, agreeing with the petitioners’ arguments, granted the interim stay. The court has directed that all documents and data related to the survey methodology be submitted for review, after which a final decision will be made. Justice Rajashekhar Mantha had earlier commented that the state government created a complex situation by hastily publishing the list without a proper investigation.
The court further noted that due to this stay, the newly listed communities will not be able to avail the benefits of OBC reservation for the time being. The final verdict in this case is expected to have a major impact on the state’s reservation policy and social structure.
Previous Judgment and its Impact
It is noteworthy that on May 22, 2024, the Calcutta High Court, in a landmark judgment, had canceled approximately 1.2 million OBC certificates issued after 2010. According to the court, these certificates were issued in violation of the Backward Classes Act of 1993. This ruling had already cast a long shadow of uncertainty over the state’s OBC reservation policy, and the current legal battle over the new list has only intensified the debate.
Government’s Stance and Future Steps
On the other hand, both the State’s Chief Minister, Mamata Banerjee, and the Backward Classes Welfare Commission have claimed that the process of conducting the survey and preparing the list has been done in compliance with all rules. The Chief Minister stated that the government has followed the guidelines of the High Court and the Supreme Court in preparing the list and is committed to resolving any issues.
For now, all eyes are on July 31, when the court will hold the next hearing in this matter. This interim stay has created an atmosphere of uncertainty among job aspirants and students in the state. The final outcome of this case is expected to have a lasting impact on the social and political landscape of West Bengal.
