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Calcutta HC cancels all OBC certificates issued by Bengal govt after 2010,  Mamata says won't accept it

Calcutta HC cancels all OBC certificates issued by Bengal govt after 2010, Mamata says won't accept it

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 Will not accept Cal HC order scrapping OBC status of several classes in Bengal: Mamata
West Bengal: 

PTI, Agencies, 22 May 2024 :  The Calcutta High Court on Wednesday cancelled all Other Backward Classes (OBC) certificates issued after 2010 by the West Bengal government. However, people who got jobs or are in the process of getting it will not have any impact of this order.

The list of backward classes is to be prepared according to the new Act of 1993. The list will be prepared by the West Bengal Backward Classes Commission. 

Those who were in the OBC list before 2010 will remain. However, after 2010, OBC nominations have been cancelled.

After 2010, those who have jobs under the OBC quota or are in the process of getting them cannot be excluded from the quota. There will be no impact on their jobs, the court said.

A division bench of Justice Tapabrata Chakrabirty and Rajasekhar Mantha pronounced the verdict, while delivering a judgement on a PIL challenging the process of granting OBC certificates.

The court directed that a fresh list of OBCs be prepared based on the West Bengal Commission for Backward Classes Act of 1993 by the West Bengal Commission for Backward Classes.

Key takeaways from Calcutta High Court decision on OBC certificates  
  • Around 5 lakh OBC certificates are going to be cancelled.
  • Certificates issued between 2011-2014 will be cancelled.
  • Certificates issued before 2010 will be valid.
  • This won't impact people who have got jobs due to OBC reservation after 2010 or the recruitment process is going on.
According to the West Bengal Backward Classes Commission Act 1993, a new list of OBCs will be prepared. The list must be presented to the Assembly for final approval.

The high court bench termed the OBC list prepared after 2010 as 'illegal.'

The West Bengal Backward Classes (Other than Scheduled Castes and Scheduled Tribes) (Reservation of Vacancies in Services and Posts) Act, 2012 section 2H, 5, 6 and Section 16 and Schedule I and III were struck down by high court as 'unconstitutional'.

"The PIL filed (in 2011) claimed that all OBC certificates given out after 2010 bypassed the 1993 (West Bengal Backward Class Commission) Act. Those actually from backward class were not offered their due certificates. 

Those with OBC certificate before 2010 will not bear the brunt of the Calcutta HC hearing", Advocate Sudipta Dasgupta said. This effectively means that all OBC certificates issued between 2010 and 2024 have been set aside and now person can now avail the benefit of various schemes provided to the holders of these Certificate.

The court, however, clarified that the order will not affect the services of citizens of the ejected classes, who are already in service or have been benefitted by reservation or have succeeded in any selection process of the state.

Meanwhile, the court further added that there was no interference with regard to the state government's executive orders classifying 66 classes of OBCs before 2010, as the petitions did not challenge them.

Reacting to the development, West Bengal Chief Minister Mamata Banerjee said that she would not accept the high court's order and attacked the BJP.

"We won't accept BJP's order. OBC reservation will continue. Imagine their audacity. This is a kalankit chapter in the country- this wasn't done by me. Upen Biswas had done it", she said.

"Surveys had been conducted before implementing OBC reservation. Cases were filed earlier as well, but there was no outcome in this. Why don't they talk about policies in BJP-ruled states", the chief minister questioned.

The Trinamool Congress chief further claimed that PM (Modi) has been talking about how minorities will snatch away Tapashili reservation and that it could lead to constitutional breakdown.

"Minorities can never touch the Tapashili or Adivasi reservation. But these mischievous people (BJP) get their work done through agencies," Mamata Banerjee said.

"They got an order passed today but I don't accept it. When 26,000 people lost their jobs because of BJP, I had said that I would not accept it. Similarly, I am telling today, I do not accept the order today. We won't accept BJP's order. OBC reservation will continue. Imagine their audacity," Mamata Banerjee said.

"This (OBC reservation) was passed in the Cabinet, and Assembly, and there is a court verdict on the same. They are doing games ahead of elections with these things... 
Conspiracy 1: Sandeshkhali was exposed. Conspiracy 2: Communal riots. Conspiracy 3: Can PM ever say that minorities will seize Tapashili reservation? He cannot. This is a constitutional guarantee. They are doing this just for vote politics," the Chief Minister said.

Addressing a poll rally at Khardah under the Dumdum Lok Sabha constituency, Banerjee said the OBC reservation will continue in the state, as the Bill concerned was passed within the framework of the Constitution.

“The OBC reservation quota introduced by the West Bengal government will continue. We had drafted the Bill after conducting a house-to-house survey, and it was passed by the cabinet and the assembly,” she said.

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