Decide on Post-2010 OBC Certificates' Validity for SIR: HC Directs Bengal CEO

MP, Dec 2025, Kolkata :  The Calcutta High Court on Wednesday directed the Chief Electoral Officer (CEO), West Bengal, to take a reasoned decision on a representation seeking clarity on whether OBC certificates issued after 2010—earlier held invalid by the High Court—can be accepted as valid documents during the ongoing Special Intensive Revision (SIR) of electoral rolls.

The petitioner had approached the court, complaining of inaction by the authorities despite submitting a representation to the Chief Election Commissioner and the state CEO earlier this month. The representation requested the Election Commission to issue a clarification or guideline within 48 hours, directing officials not to accept such invalid OBC certificates for claims of inclusion in the revised electoral roll.

Appearing for the petitioner, senior counsel argued that the lack of clarity on the issue could lead to the improper acceptance of documents that had already been rejected by judicial orders, potentially affecting the integrity of the revision exercise. It was contended that despite the representation being made on December 4, no response had been received from the Election Commission authorities.

Counsel for the Election Commission of India submitted that issues relating to the Special Intensive Revision were pending consideration elsewhere, and no direction should be issued at this stage. However, Justice Krishna Rao observed that the petitioner was not challenging the SIR process itself but was only seeking consideration of a pending representation. The court held that keeping the matter pending would serve no useful purpose.

Disposing of the petition, the court directed the Chief Electoral Officer, West Bengal, to consider the petitioner’s representation and pass a reasoned and speaking order within one week, and to communicate the decision to the petitioner accordingly.

In May last year, the High Court had cancelled all OBC certificates issued in West Bengal since 2010. The bench had struck down several portions of the West Bengal Backward Classes (Other than Scheduled Castes and Scheduled Tribes) (Reservation of Vacancies in Services and Posts) Act, 2012.