OBC Case West Bengal: Supreme Court Stays Calcutta High Court’s Order, Providing Relief for OBC Reservation

OBC Case West Bengal: In a major relief for the West Bengal government and the state’s OBC community, the Supreme Court has issued an interim stay on the Calcutta High Court’s order concerning OBC certificates. This crucial decision was delivered by the country’s apex court on Monday, July 28, 2025, ensuring that the state’s OBC reservation system remains in effect for now.
Background of the Case
Recently, a division bench of the Calcutta High Court, comprising Justice Debangsu Basak and Justice Mohammed Shabbar Rashidi, had ordered the cancellation of all OBC certificates issued after 2010. This ruling invalidated approximately 5 lakh OBC certificates in the state. The West Bengal government subsequently challenged this decision in the Supreme Court.
Appearing for the state government, senior advocates Kapil Sibal and Abhishek Manu Singhvi argued that the Calcutta High Court’s decision to annul all certificates wholesale, rather than addressing specific complaints, was not legally sound.
Supreme Court’s Observations
The case was heard in the Supreme Court by a bench headed by Chief Justice DY Chandrachud. The Chief Justice remarked that the Calcutta High Court’s order was “totally erroneous” and questioned how an administrative decision could be quashed in such a manner.
According to the Supreme Court’s observations:
- The Calcutta High Court cannot cancel all OBC certificates based on a plea challenging the OBC status of only a few specific communities.
- The ruling is flawed and legally unfounded.
- Until a special bench of the Calcutta High Court reaches a final decision on the matter, the state’s OBC list and reservation system (OBC A and OBC B) will remain in force.
Next Steps
The Supreme Court has sent the case back to the Calcutta High Court for a fresh hearing. However, it has directed the formation of a new special bench to conclude the hearing within six to eight weeks. The judges who had previously heard the case, Justice Rajasekhar Mantha and Justice Tapabrata Chakraborty, will not be part of the new bench.
This verdict is likely to clear the path for various recruitment processes in the state, such as teacher recruitment by the SSC (School Service Commission), which had been stalled.
Who Has the Final Say?
Legal experts believe that regardless of the verdict from the Calcutta High Court’s special bench, the case will eventually return to the Supreme Court. This indicates that the final resolution of the OBC reservation dispute will be determined by the nation’s top court. For now, this interim stay is a significant victory for OBC candidates in the state and a crucial legal success for the West Bengal government.