West Bengal Urges Supreme Court to Review HC Verdict on OBC Status

The West Bengal government asked the Supreme Court for an urgent review of a High Court ruling that nullified the OBC status of multiple castes, primarily Muslim, affecting their reservations in public sector jobs and state-run educational institutions. The top court will hear the plea on August 27.

The West Bengal government on Tuesday sought an urgent hearing by the Supreme Court of its appeal against the Calcutta High Court verdict striking down the OBC status of several castes, mostly Muslim groups, in the state, which affects their reservation in public sector jobs and admissions in state-run educational institutions. The top court will hear the pleas on August 27.

Senior advocate Kapil Sibal, appearing for the state government, informed a bench comprising Chief Justice D Y Chandrachud and Justices JB Pardiwala and Manoj Misra that the high court verdict needed to be stayed as it impacted the admission of candidates who cleared the NEET-UG, 2024.

'We need a stay of the high court’s verdict... the issue of scholarships is pending and the NEET admissions will be affected,' Sibal said, urging that the plea be heard urgently.

A counsel representing the state's Other Backward Classes (OBC) panel noted that students are queuing up for authentication of their OBC status to gain admissions to medical colleges and other institutions.

'We will hear it on Tuesday (August 27),' the CJI stated.

Previously, the top court on August 5 had asked the state government to provide quantifiable data on the social and economic backwardness of newly included castes in the OBC list and their inadequate representation in public sector jobs.

Issuing notices to private litigants on the state government's plea against the high court verdict, it had also directed West Bengal to file an affidavit detailing consultations made, if any, by it and the state's backward classes panel before including 37 castes, mostly Muslim groups, in the OBC list.

On May 22, the high court struck down the OBC status of several castes in West Bengal, granted since 2010, declaring the reservations for them in public sector jobs and state-run educational institutions illegal.

In its judgment, the high court contended that 'Religion indeed appears to have been the sole criterion' for these classifications, and noted that selecting 77 classes of Muslims as OBCs was an 'affront to the Muslim community as a whole,' suggesting political motivations behind the classifications. The court clarified that its decision will not affect those already availing or benefitting from the reservation.

The high court also invalidated the selection of 37 classes chosen under the West Bengal Backward Classes (Other than Scheduled Castes and Scheduled Tribes) (Reservation of Vacancies in Services and Posts) Act, 2012, and struck down an executive order creating several sub-classes.

The decision will take effect prospectively.