High Court’s OBC Ruling Challenged in Supreme Court
The Supreme Court of India has issued a notice to the West Bengal government, demanding justification for the inclusion of 77 castes, primarily Muslim communities, in the state’s Other Backward Classes (OBC) list. This action follows an appeal by the state against a May 22 judgment of the Calcutta High Court, which struck down the inclusion of several of these castes.
State’s OBC Survey Under Scrutiny
A three-judge bench, led by Chief Justice of India D.Y. Chandrachud, has asked the state to clarify the nature and scope of the survey conducted to determine the social and educational backwardness of these communities. Additionally, the court seeks information on the inadequate representation of these communities in state public services, which led to their inclusion in the OBC list.
Consultation and Sub-Classification Concerns
The Supreme Court also addressed allegations raised by private respondents, who were the original petitioners in the High Court, claiming that there was no meaningful consultation with the West Bengal Backward Classes Commission regarding the designation of 37 of these communities as OBCs. The court has requested details on whether consultation was conducted during the sub-classification of these castes for reservation purposes.
State’s Administration at Risk
Senior advocate Indira Jaising, representing the state, argued that the administration of West Bengal is at risk if the High Court judgment remains in effect. She highlighted the absence of a valid OBC list and roster, impacting reservations in the state, including those for the National Eligibility cum Entrance Test (NEET).
Impact on OBC Certificates and Reservations
The High Court judgment has affected five lakh OBC certificates issued in the state since 2010. However, the High Court clarified that its judgment would not impact individuals who had already secured employment with OBC certificates issued since then.
Key Learnings
Point | Description |
---|---|
Supreme Court Intervention | The Supreme Court has challenged the inclusion of 77 castes in West Bengal’s OBC list. |
Survey and Consultation | The court demands clarification on the survey conducted to determine backwardness and the lack of consultation with the Backward Classes Commission. |
Impact on State Administration | The state argues that the High Court judgment jeopardizes the administration of West Bengal due to the absence of a valid OBC list. |
OBC Certificate Concerns | The judgment has impacted five lakh OBC certificates issued since 2010, but those who secured employment with these certificates are not affected. |
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Summary
The Supreme Court of India has questioned the West Bengal government’s decision to include 77 castes in the state’s OBC list. The court has asked for clarification on the survey conducted to determine backwardness, the lack of consultation with the Backward Classes Commission, and the potential impact of the High Court judgment on the state’s administration.
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