Supreme Court To Hear West Bengal Govt Plea To Stay HC Judgment Quashing OBC Classifications On December 9
The Supreme Court today (November 22) stated that they will consider the plea of the State of West Bengal to stay the judgment of the Calcutta High Court cancelling all Other Backward Classes (OBC) certificates issued after 2010 on December 9.
A bench of Justices B.R. Gavai and KV Viswanathan heard a petition filed by the State of West Bengal against the May 22 judgment, which quashed the classification of 77 communities as Other Backward Classes (OBC) under the West Bengal Backward Classes (Other than Scheduled Castes and Scheduled Tribes) (Reservation of Vacancies in Services and Posts) Act, 2012 and cancelled all Other Backward Classes (OBC) certificates issued in West Bengal after 2010.
Today, Senior Advocate Kapil Sibal (for State of West Bengal) briefly submitted that he is pressing for a stay of the impugned judgment of the High Court. He added that after the Court has heard on interim relief, it could go on to hearing the parties on merit.
Sibal stated that the High Court has cancelled OBC certificates issued after 2010 the basis on which recruitments have taken place. He added that although those in the service are protected, this has halted further recruitment.
He said: "The inclusion of 76 [communities] have been struck down. We have indicated here that the Central List includes them. We included them from the Central List or from the Mandal Commission or from the counterparts SC/ST/OBC in the neighbouring States. The Court says they will strike it down despite it's there in the Central List...The result is, in education institutions, people cannot be admitted. Recruitments cannot take place. All OBCs notification has been struck down since 2010. How can this be?"
The Calcutta High Court on May 22, in its impugned Judgement, clarified that those who had attained employment on the benefit of the act and were already in service because of such reservation would not be affected by the order.
A division bench of Justices Tapabrata Chakraborty and Rajasekhar Mantha delivered the verdict in a plea challenging the process of granting OBC certificates in the state. The verdict is set to affect 5 Lakh OBC certificates. The Court said:
A class is declared as OBC not only because it is backward, based on scientific and identifiable data, but also on the basis of such class being inadequately represented in the services under the State. Such inadequacy is required to be assessed vis-a-vis the population as a whole including other unreserved classes. However, the pro format published by the Commission and as annexed to the writ petition (WP No.60 of 2011) does not conform to the provisions of the 1993 Act. There are deficiencies galore in the said pro forma.
The Order Of The High Court
The Court was adjudicating on a plea which challenged certain provisions of the West Bengal Backward Classes (Other than Scheduled Castes and Scheduled Tribes) (Reservation of Vacancies in Services and Posts) Act, 2012, which made reservations in public offices for those belonging to the OBC category.
In making observations on how the Commission acted improperly in connivance with the Chief Minister's mission to extend reservations, the Court opined:
"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. No proper enquiry was conducted by the Commission inviting application for inclusion in the lists and even after purported preparation of the list, no notification was issued inviting objections in general from the people at large."
Thus, the authorities have violated the constitutional provisions and had practiced protective discrimination in deviation to the constitutional norms. No data was disclosed on the basis of which it was ascertained that the concerned community is not adequately represented in the services under the Government of West Bengal. The said reports were never published and as such none could avail the opportunity to file any objection to the same, it added.
The Court also 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,
The Court stated that the primary and sole consideration for the Commission had been to make religion-specific recommendations. To curtain and hide such religion-specific recommendations, the Commission has prepared the reports for the ostensible purpose of granting reservation to the backward classes to hide the real purpose behind such recommendations. The purpose was to grant a religion-specific reservation, it stated.
The bench held that while the Commission purports to show by way of such reports, (which however has not been relied upon by the State and Commission before the Court), that it had complied with section 9 of the Act of 1993 read with article 16(4) of the Constitution of India.
Case Details : THE STATE OF WEST BENGAL AND ANR. Versus AMAL CHANDRA DAS Diary No. - 27287/2024