SC seeks affidavit from Bengal government explaining OBC classification process

MP, 6 Aug 2024, Kolkata: The Supreme Court of India on Monday directed the Bengal government to file an affidavit explaining the process followed for the classification of 77 communities as Other Backward Classes (OBCs) in the state. 

The apex court is learnt to have issued a notice in the petition filed by the state against the Calcutta High Court judgement which had quashed the classification of these 77 communities as OBCs given under West Bengal Backward Classes (Other than Scheduled Castes and Scheduled Tribes) (Reservation of vacancies in Services and Posts) Act 2012. 

The high court had cancelled all OBC certificates issued in the state after 2010. Also Read - Mamata appeals for peace & communal harmony amidst Bangladesh turmoil In its affidavit, the state is required to reveal the nature of the survey conducted for this classification and whether there was a lack of consultation with the Backward Classes Commission in respect of any communities in the list of 77 communities designated as OBCs. 

The apex court also asked the state to clarify the nature of the study relied upon which led to this classification. The counsel representing the state, senior advocate Indira Jaising submitted in the apex court that the state’s executive function was taken away. 

The counsel argued that striking down the list of reservations in turn also affected NEET since there is a reservation for education as well. The state prayed for interim relief. The apex court is learnt to have observed that striking down the list was a radical act as there would be no reservations in the state. 

Countering her arguments, senior advocate Mukul Rohatgi is learnt to have said the court should not pursue the case since it is an “egregious case”. Referring to the Calcutta High Court judgement, he submitted there was no survey done prior to the classification. Although it quashed the classification of these 77 communities as OBCs, the Calcutta High Court in its judgement had clarified it would not affect those who attained employment on the benefit of the Act and were already in service because of such reservation. 

The HC had observed: “The Commission and State acted in undue haste and with lightning speed in making recommendations for the classification of the 77 classes to make the public announcement of the then Chief Minister a reality. 

According to the petitioners, the Commission appeared to be in a tearing hurry to fulfil the wishes of the Chief Minister made in a political rally.” It was observed that the recommendations for sub-classification of OBCs by the state were made upon bypassing the State commission and that 41 out of the 42 classes that were recommended for reservation belonged to the Muslim community, 

https://www.millenniumpost.in/bengal/sc-seeks-affidavit-from-bengal-government-explaining-obc-classification-process-574594?infinitescroll=1