The Calcutta High Court on Tuesday, 18 August ordered an interim stay on the West Bengal government's notification directing the verification of caste certificates issued in the state since 2011. The stay will remain in force until the court disposes of the case or issues further directions.

What the Notification Said

The state government had issued the notification on 14 May, mandating verification of all caste certificates granted to members of Scheduled Castes (SCs), Scheduled Tribes (STs), and Other Backward Classes (OBCs) since 2011. The directive stipulated that any certificate found to be fraudulent would be cancelled outright.

The move came in the wake of widespread complaints that fake caste certificates had been issued extensively during the 15-year Trinamool Congress (TMC) regime led by Mamata Banerjee, which governed the state from 2011 to 2026.

The Legal Challenge

A public interest litigation (PIL) was subsequently filed before the Calcutta High Court contesting the state's authority to cancel certificates in this manner. The petitioner argued that the state government lacked the legal power to undertake such cancellations and that the blanket verification drive was contrary to the Scheduled Castes and Scheduled Tribes Identification Act, 1994.

The petition further contended that subjecting certificate holders to scrutiny without any specific allegation of fraud or supporting evidence amounted to discrimination, violating Articles 14, 15(4), 16(4), and 21 of the Constitution. The petitioner also flagged that several affected individuals currently have their names under review in the Special Intensive Revision (SIR) tribunal, compounding their vulnerability.

According to the petitioner, a representation was submitted to the state government on 4 June urging a reconsideration of the directive. After receiving no response, the petitioner moved the High Court.

What the Court Heard

A division bench comprising Acting Chief Justice Tapabrata Chakraborty and Justice Atarup Banerjee presided over Tuesday's hearing. Advocate General Surjit Nath Mitra, appearing for the state, argued that the government was entitled to conduct verification by cross-referencing voter cards, Aadhaar cards, and other documents alongside caste certificates.

The bench, however, was not persuaded. It granted the interim stay on the 14 May notification in its entirety, pending final disposal of the case.

Key Carve-Out in the Order

Notably, the division bench clarified that the stay does not bar all action on suspected fraudulent certificates. If the state government receives a specific complaint regarding a fake caste certificate, district officials retain the authority to verify it and take a decision on the merits of that individual complaint. The blanket, suo motu verification drive, however, stands suspended.

What Happens Next

The matter will continue before the Calcutta High Court, with the interim stay holding until the next order. The ruling places the burden back on the state to either defend the notification's legal basis or narrow its scope to conform with constitutional guarantees — a significant setback for the new government's effort to audit the TMC era's caste certification record.