Has the Calcutta HC Stopped Bengal’s New OBC List Notification?

Synopsis
Key Takeaways
- Calcutta High Court placed an interim stay on West Bengal's OBC list.
- Next hearing scheduled for July 24.
- Stay affects over 5 lakh OBC certificate holders.
- Critics allege bias in the revised OBC list.
- New survey promised to the Supreme Court after previous annulment.
Kolkata, June 17 (NationPress) The Calcutta High Court has placed an interim stay on the release of the final notification regarding West Bengal’s updated Other Backward Classes (OBC) list until July 31.
This ruling poses a significant setback to the state government's initiative to reform the OBC classification.
The division bench, led by Justice Tapabrata Chakraborty and Justice Rajasekhar Mantha, has set the next hearing for July 24.
The anticipated new OBC list, derived from a recent survey initiated by the state, was expected to encompass 140 communities.
This survey was a response to a commitment made by the West Bengal government to the Supreme Court on March 18, following the challenge of an earlier Calcutta High Court ruling that invalidated all OBC certificates issued in the state since 2010.
The state had pledged to the apex court that it would complete a new survey and present a fresh list within three months.
However, a new petition filed in the Calcutta High Court has raised concerns about the survey's methodology and scope, claiming that the state is only considering applications from 113 communities whose OBC status was previously revoked.
Critics, including leaders from the BJP, have accused the government of disproportionately including members of the Muslim community in the revised list.
On Tuesday, the High Court noted that several notifications associated with the new survey contravened the Supreme Court directives.
Opposition Leader Suvendu Adhikari welcomed the court's interim stay, stating, “This is a significant victory for the judiciary against a government that has disregarded constitutional norms for political advantage. The TMC government’s evident appeasement strategy is clear in its attempt to include nearly 90 percent Muslim communities in the new OBC list. The court has rightly intervened.”
To recall, in May 2024, a division bench of the Calcutta High Court annulled all OBC certificates issued in West Bengal after 2010, effectively voiding certificates awarded during the Trinamool Congress administration, which began in 2011.
This decision has impacted over 5 lakh OBC certificate holders, making them ineligible for benefits under the reservation quota for government jobs and education.
While the state later approached the Supreme Court, which permitted the new survey to proceed, the High Court’s recent stay on the final notification presents a fresh legal hurdle for the state’s efforts to release a revised OBC list.