In a significant setback to the ruling TMC administration in West Bengal, the Calcutta High Court delivered a verdict on Wednesday annulling around 500,000 certificates pertaining to Other Backward Classes (OBCs). This action stemmed from the court’s declaration of certain categories of OBCs, established under a 2012 statute for the reservation of positions in state services and posts, as illegal.
Chief Minister Mamata Banerjee adamantly opposed the ruling of the Calcutta High Court, arguing that the relevant legislation had been enacted within the constitutional framework.
Speaking at an electoral gathering in Khardah, situated within the Dumdum Lok Sabha constituency, Banerjee affirmed the continuation of OBC reservations in the state. She emphasized that the OBC reservation policy initiated by the West Bengal government would persist, underscoring the meticulous drafting of the bill following a comprehensive door-to-door survey and subsequent approval by the cabinet and assembly.
“The BJP has orchestrated a conspiracy to obstruct this process through the utilization of federal agencies. Such brazenness exhibited by the saffron party is utterly perplexing,” remarked the TMC leader.
Earlier in the day, the High Court invalidated the OBC status of various categories in the state, deeming reservations made under the 2012 Act for state service vacancies as unlawful. According to one of the attorneys representing the petitioners, the number of individuals classified as OBCs in West Bengal post-2010 likely exceeds five lakhs.
While pronouncing judgment on petitions contesting the provisions of the Act, the court stipulated that individuals from nullified categories who were already employed or had availed themselves of reservation benefits or succeeded in state selection processes would not be impacted by the ruling.
The bench nullified several categories designated for OBC reservations under The West Bengal Backward Classes (Other than Scheduled Castes and Scheduled Tribes) (Reservation of Vacancies in Services and Posts) Act, 2012, and invalidated executive orders from the state government classifying additional categories as OBCs between March 5, 2010, and May 11, 2012, citing the illegality of the recommendations supporting such classifications. These directives were deemed to have prospective effect.
In its ruling, the division bench comprising Justices Tapabrata Chakraborty and Rajasekhar Mantha clarified that executive orders classifying 66 OBC categories prior to 2010 remained unaffected, as they were not challenged in the petitions. Additionally, a provision in the 2012 Act authorizing the state government to include categories for OBC reservation via official gazette notifications was invalidated.
The court rejected a provision in the 2012 Act relating to the allocation of reservation percentages to sub-classified categories, declaring that sub-classified categories listed as OBC-A and OBC-B were removed from Schedule 1 of the Act. It emphasized the usual binding nature of the opinion and advice of the Backward Classes Commission on the state legislature under the West Bengal Commission for Backward Classes Act, 1993.
The court instructed the Backward Classes Welfare Department of the state, in collaboration with the Commission, to present a report to the legislature containing recommendations for the inclusion of new categories or the exclusion of remaining categories from the state’s OBC list. Agreeing with Justice Mantha’s authored judgment, Justice Chakraborty remarked on the significance of equality of opportunity in public employment, underscoring its pertinence to individuals regardless of their affiliation with the general or backward classes.
He emphasized, “The broader community has a vested interest in the proper application of reservation criteria.” He asserted the necessity of strict adherence to the rule of law, preventing its circumvention by executives.