The West Bengal government on Tuesday (September 24, 2024) sought an urgent hearing of its pending appeal against a Calcutta High Court decision striking down the inclusion of several castes, largely Muslim communities, in the State’s Other Backward Classes (OBC) List.
Appearing before a Bench headed by Chief Justice of India D.Y. Chandrachud, senior advocate Kapil Sibal, appearing for West Bengal, said the appointments to the public services of the State were held up due to the uncertainty in the case following the May 22 judgment of the High Court and the consequent appeal pending in the apex court.
Mr. Sibal prayed for an urgent hearing. Chief Justice Chandrachud said he would look into the plea for an early hearing. In an earlier hearing, the top court had asked the State to clarify the nature and scope of the survey undertaken to identify the social and educational backwardness of these communities and their inadequacy of representation in the State public services which warranted their inclusion in the list.
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The court had asked the State to respond to allegations that no meaningful consultations were held by the State with the West Bengal Backward Classes Commission before the designation of these communities as OBCs.
The court had also asked West Bengal to include details of whether consultation was done while sub-classifying these castes for the purpose of reservation.
“The State shall clarify the nature of the survey and material in its possession which led to the inclusion,” the apex court had said. The High Court judgment had impacted five lakh OBC certificates issued in the State since 2010.
The High Court had however clarified that its judgment would not impact individuals who had already secured employment using the OBC certificates issued since 2010. It had struck down portions of the West Bengal Backward Classes (Other than Scheduled Castes and Scheduled Tribes) (Reservation of Vacancies in Services and Posts) Act, 2012. Among the Sections nullified were Section 16, the second part of Section 2(h), and Section 5(a) of the Act, which distributed reservation percentages of 10% and 7% to the sub-classified categories.
Consequently, the sub-classified categories OBC-A and OBC-B were removed from Schedule I of the Act.
Published – September 24, 2024 11:47 am IST
